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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
0 C/ ?) b( [, I4 @. f1 k+ g1 _上面说 非商业 进口 可以免关税?5 f3 Z: f. n/ Q9 Z: W
) M5 C6 Z" M: o2 P3 r' D4 p
! {) L4 N# s* [! i( w

' z' B! F, ?& Dhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf1 y+ }5 m& U& D

" B4 J8 U+ o+ v3 v6 Y" Y1 q4 k- o+ I9 V6 X7 M! [6 {
Refund Requests& q8 X$ M5 K  Y  L
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
. x" R: a  D' O; x4 z9 K' n( Q5 j- _paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part7 d: f/ p& i' ]) D  ~
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if% J8 l  ?. v% Y( a. E4 }, E
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to- f- `) v  G% d
Canada to the time of release;7 ~) z$ y" P  w( p. p& s" K
(b) the quantity released is less than the quantity in respect of which duties were paid;
/ V  P# a) t. D2 s(c) they are of a quality inferior to that in respect of which duties were paid;
/ s4 |: S8 C7 J+ w9 C/ a* f(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential* N6 ^9 _, ?/ e3 b' ~+ j+ T3 z8 [  Y
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the8 _* O8 E/ I; y6 d
case may be, was made in respect of those goods at the time they were accounted for under
& i5 S" f5 l/ Ksubsection 32(1), (3) or (5);& Y+ o( L) p* K
3$ g7 l$ {7 |: d1 y/ O
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for* }# t0 ]8 a0 T, b
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
* z( {) i  G' _. C/ ?# \accounted for under subsection 32(1), (3) or (5);
# D' j' U( Q. O: F* e1 R4 ~8 X( e(d) the calculation of duties owing was based on a clerical, typographical or similar error;' m( O* \" ]" ~* }7 J: o
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
" ?: L# U) O- p' N5 Hof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
: d/ f/ `' @6 Xvalue for duty in respect of the goods and the determination has not been the subject of a decision
8 p% @+ g2 @2 s3 c/ K$ ?& yunder any of sections 59 to 61;
' a2 B: S8 W% s2 l(f) [not applicable to non-commercial goods];
9 l8 N4 v5 T: w1 x% A7 b9 q3 H(g) the duties were overpaid or paid in error for any reason that may be prescribed.
- s( ]  P5 c7 z3 e2 U. _(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
) f. T: x  q7 U7 ?+ [on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
/ ~' W6 Y( T+ U( Xthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).3 h: J- |# n+ y: Y8 k9 j. M
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
5 ?& N6 [7 T! Z8 N6 F" Wunless written notice of the claim and the reason for it is given to an officer within the prescribed time.8 H4 k  F+ c: I9 h3 o
(3) No refund shall be granted under subsection (1) in respect of a claim unless
( R6 a8 p! s# `4 G6 u! z! m(a) the person making the claim affords an officer reasonable opportunity to examine the goods in1 a0 Z% r( x8 Z: z
respect of which the claim is made or otherwise verify the reason for the claim; and
& E, E3 ]3 H2 `2 V9 q  K5 v(b) an application for the refund, including such evidence in support of the application as may be6 e2 X8 A8 R7 h
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
3 g1 X# }, [9 r" H* A; g- F, M: H: lprescribed information within; Q) I& W- j1 K: S2 ?3 ]
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
" V$ w1 T+ u& ?0 V5 [or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
& L) f( {7 K" y  l) ]  k1 d(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods; A# L, g/ ]6 o* x
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
! [% I* a* J9 O9 ?* s) V7 {(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of0 C) X4 N# H4 [; p: y# d
this Act as if it were a re-determination under paragraph 59(1)(a) if
1 P' I. m6 u+ A(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
" _5 p# I' W" ?" h+ q! v( ^& zbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not% ]( V* x2 v/ Q) g8 z8 y
eligible for preferential tariff treatment under a free trade agreement; or! m; {7 |+ W; f( l
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
" \# p- P7 R& G3 a+ m& p0 M0 hbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
' K+ A" m# ~% N! ^4 l' b$ \incorrect.2 e; I# `4 w0 T  {5 V; M, J
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
8 h1 z1 G, c" ~- V$ H' R7 w(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
9 F  F- B. z: x$ a+ g0 D) Eother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ [$ Y: L2 K2 {" V7 ]! L
were a re-determination under this Act of origin, tariff classification or value for duty.
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7 H( F/ A" `  u# v* D/ ?( |这到底是说可以还是不可以啊?
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