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关于 邮购是否免税的问题 退税表 D6-2-6

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发表于 2011-9-29 22:42 | 显示全部楼层 |阅读模式
老杨团队,追求完美;客户至上,服务到位!
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations* Z, Z- g) P/ u* {( O6 i$ C" |
上面说 非商业 进口 可以免关税?: |# I1 z- v' D- p# p6 y
+ Q4 g8 E7 S7 z* P
2 j3 I& ?* K" a" v. N

& C6 d0 b4 U8 C6 Q2 chttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf; [+ E/ N' [+ Y( y. S1 j/ B! |* i9 x

; q% u: N9 h' p# C3 s3 m) B  D/ p7 o+ Z) l
Refund Requests
" b9 B$ G* S9 e; n3 j4 U74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who  t0 v+ v' G8 p+ N$ n/ r1 \! U; N
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part, H" }5 _* Y, `/ O
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
: H9 {: [7 j8 W* Z9 \- U(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to1 R! U* k6 {% k2 k  {, ]
Canada to the time of release;4 A0 e+ P7 X3 X: s
(b) the quantity released is less than the quantity in respect of which duties were paid;# y' {  Q" f; z! I! g8 S
(c) they are of a quality inferior to that in respect of which duties were paid;
- v" h: I8 q' {3 E: t& o0 W, l2 s(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
( [' z- X5 V' p5 D$ @! _1 ptariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
2 [2 W& C$ s4 c* @case may be, was made in respect of those goods at the time they were accounted for under9 q8 C" n) P9 T, H* C. o3 i! o
subsection 32(1), (3) or (5);
& E5 h- W5 b% L0 ]" Q' ~3
1 }4 x$ t5 g. J# s0 Y) t! Y/ j(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
4 [( F. ^2 O4 h( A, l" Ppreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
1 p. J6 a! t' t: U- y, haccounted for under subsection 32(1), (3) or (5);# e6 G/ n; G! L* @
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
2 b2 K4 Y& S( \(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2): c4 O1 o+ h1 v$ u6 Z1 W0 Z1 ~
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or4 O  L: S/ ~  m9 z% ]* @" j
value for duty in respect of the goods and the determination has not been the subject of a decision
; l% q/ T6 z" Y6 A- |3 \, Funder any of sections 59 to 61;
8 P5 \+ ]4 O% n; `. A) H(f) [not applicable to non-commercial goods];; R5 a! I( `! \5 M+ D& W
(g) the duties were overpaid or paid in error for any reason that may be prescribed.9 }" I: |" F) r( Y0 F# _
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based/ g$ i) H5 N! P. b4 b0 o$ Z
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of6 ?" F( c$ _2 }% V
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).* r/ F; m1 T8 d
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim# k/ t# b1 D, `! y8 @5 S! N/ R, }
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 d0 i1 H7 Z! @( ^# M8 X; k5 e(3) No refund shall be granted under subsection (1) in respect of a claim unless
. G* @) k/ H/ s" \8 h(a) the person making the claim affords an officer reasonable opportunity to examine the goods in7 a( d9 G, F) A5 ^
respect of which the claim is made or otherwise verify the reason for the claim; and# N6 I  H( y' }
(b) an application for the refund, including such evidence in support of the application as may be2 S/ T4 N% P; u; r- W0 m
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the5 L. p% `; e# g& X) `3 U$ V1 q6 F/ G
prescribed information within
' v/ b, @3 J& E! A2 _* K: }; Y$ s3 R(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ K4 q) s- L  s( c# Z2 y
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
  E( J6 ?, s6 {: W: w(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
0 d; w$ ]' m$ t' Q  O, D) K/ bwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
( ~# L% G+ ?8 G" w(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
$ m# C1 e" T* @" _this Act as if it were a re-determination under paragraph 59(1)(a) if
& y) |* u$ b/ O(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied# t; [$ F# ]0 E3 U% W5 z
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not* h, ]3 O! w( P, G) ~4 Q
eligible for preferential tariff treatment under a free trade agreement; or
0 h' \$ l3 b4 R" h. B(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
0 H& n. Z, ]1 U' P1 E! _+ ebecause the origin, tariff classification or value for duty of the goods as claimed in the application is" Q, d5 G* W% @- r
incorrect.4 N: {( W0 g; g
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),  w: |/ C- X) H% a: p  n; C+ e
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
6 B6 I, [2 |& h' jother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it. T) ~4 j, c/ y% i
were a re-determination under this Act of origin, tariff classification or value for duty.
9 H2 h' ?4 t5 z0 Y% {. c+ d" i
7 b. a* ?1 I1 z* U5 D5 q2 H1 A, z这到底是说可以还是不可以啊?
理袁律师事务所
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