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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$ i/ h2 R+ N- `- r
上面说 非商业 进口 可以免关税?( B5 H+ H+ D/ |! X' g6 ?; `
( i) K; y/ I) K; g: {; G
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, V8 x  }3 k# v# E9 e! j  ehttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf$ `( Y; a0 o% _
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$ S5 N5 l& X1 W/ P* M/ J% lRefund Requests
9 X: r0 W5 j& v74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
5 o; q( E8 O1 h, U1 l2 D  l0 m, Upaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- o8 G5 A+ V8 s5 V7 R6 y' B# @of those duties, and the Minister may grant to that person a refund of all or part of those duties, if! C& ~. P, `, r1 g0 _* L; Q8 B
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to  H1 a6 {  Y4 E2 N1 I6 L
Canada to the time of release;  W. T+ F) H# D, d4 a- q! `5 }
(b) the quantity released is less than the quantity in respect of which duties were paid;  z. d$ Y1 d" {& }) p
(c) they are of a quality inferior to that in respect of which duties were paid;) G. m7 o+ h, x4 B3 u& w! ^* m4 n
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential; |. m" h6 j4 v3 ?; z
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the8 Y4 A) ]3 V+ `7 R( K
case may be, was made in respect of those goods at the time they were accounted for under
+ O- }( F  q) b, A7 x2 Z" z5 [subsection 32(1), (3) or (5);, N7 I1 r& @1 P/ ~- v
3
: e4 X' w. y' Y) J" ]4 j" w$ V( t( a(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
% E6 O  F/ J: D1 s- q; k' ]1 Xpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
6 r0 j4 k6 U& T  Z, g) b. K" Zaccounted for under subsection 32(1), (3) or (5);
- H" p) ?. c% @" T(d) the calculation of duties owing was based on a clerical, typographical or similar error;
: l7 ~) e, I# M(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)' x4 v* K; D7 r- P# t2 I
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
2 h# i2 s6 M8 J4 S, c: t  hvalue for duty in respect of the goods and the determination has not been the subject of a decision& G7 L7 y' N, i4 x2 V9 a
under any of sections 59 to 61;
, v6 U" A  x# `/ m1 Z(f) [not applicable to non-commercial goods];
! {1 q- U7 F3 J+ H' j# e; f(g) the duties were overpaid or paid in error for any reason that may be prescribed.
: t( N. A& b, }' D9 a(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
2 z: b3 C+ u# @4 u7 c2 c7 Jon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
3 B8 U. {( n  ]. q- r1 {" X# p& ^this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
7 o6 {) r, K! a0 I* |: h) s: q' f+ g(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim# Q# o$ d. Z* G/ f
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 r+ M) C- E9 v0 b(3) No refund shall be granted under subsection (1) in respect of a claim unless- x9 u4 v1 U$ E" |; _  J5 I( I
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in5 D% _4 C% N9 e8 }8 L
respect of which the claim is made or otherwise verify the reason for the claim; and0 r. h. U8 N! K& l& }
(b) an application for the refund, including such evidence in support of the application as may be
9 r4 |& e! a; a& oprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the- K* ^7 G- b6 S" S4 U2 C8 @
prescribed information within6 t0 p: ]. A! w# S" B9 R" c# Y2 s
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)9 N1 p/ l( S8 v& |' ~
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and$ Z2 q, V' U: T1 M/ s
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods6 L! Q9 t* q# u' L
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
9 A: w/ V/ H" H$ F$ m* n9 J& e(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
5 t9 C) ~- G: V/ M# sthis Act as if it were a re-determination under paragraph 59(1)(a) if
9 R( ]- m, X& O* U( j! |(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied/ Y) G4 _! [' D* C
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
  g0 F4 M+ E( v# {0 W$ d1 ^eligible for preferential tariff treatment under a free trade agreement; or" e& T) K- d3 u" C
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
7 C2 X8 G( Z. I9 Fbecause the origin, tariff classification or value for duty of the goods as claimed in the application is2 i7 b/ F+ P; c' \1 A" |
incorrect.
  \" Y" F$ D+ g" o+ C- K% R(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),  Y3 B' a& ?0 _. Q8 V* i0 n7 c
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground5 B+ M, E0 R6 c3 i7 d: w& f" v& N
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
7 g, q! {6 i! L- jwere a re-determination under this Act of origin, tariff classification or value for duty.. L  g! n2 D# R6 K* A: g' V  Y5 Y

/ @# ]: y2 q8 z( h! L8 ^3 K这到底是说可以还是不可以啊?
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