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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
4 C8 N& n$ d$ C/ y2 v上面说 非商业 进口 可以免关税?
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  n  W; C# ]1 ~( m! z# W8 w0 {4 i. \$ q$ }7 c$ P

( g  K% l2 B( whttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf0 n9 |/ e; }  j- M' u
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Refund Requests
* t/ O& U( ]: ~0 k- j74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
) Y+ e9 v0 B' g- p5 }$ G2 |0 ]7 U) |paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part1 P, d! w8 k% R/ A7 W
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if5 K" G+ x8 M0 h6 C
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to5 G9 L: O. e/ M4 U1 H" K; V
Canada to the time of release;; r$ n& \0 G$ |) f- Z6 ?
(b) the quantity released is less than the quantity in respect of which duties were paid;( D$ A6 X, q' @) B' x0 t/ l
(c) they are of a quality inferior to that in respect of which duties were paid;
! X' _4 E2 ]* |0 ?1 x- g) N(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential/ Q+ z; `0 T/ C7 M5 t
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
, Z" F9 E0 ~8 K- {7 L2 Lcase may be, was made in respect of those goods at the time they were accounted for under" Z# u  K$ g1 f% X  b* r6 R3 f; N
subsection 32(1), (3) or (5);* w! L6 v  C% {: R; X. V
3
) u( u9 m- Q( z7 q8 N" c; }( l(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for0 _  n6 t, q3 |( F( O
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
+ {  }! r8 T( g3 l9 C, W" `0 g( C/ Kaccounted for under subsection 32(1), (3) or (5);$ L# @$ f9 ^0 v6 I; ~
(d) the calculation of duties owing was based on a clerical, typographical or similar error;) k% z2 \' p$ d1 z7 Z+ Q5 S4 h
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
# q- t% D' {/ {- R  {4 l; j, v5 qof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or- ^2 Y) M. T, W3 [  c' B
value for duty in respect of the goods and the determination has not been the subject of a decision  C; m3 [# N% y
under any of sections 59 to 61;; s4 b8 ?/ F/ U$ k7 J, |
(f) [not applicable to non-commercial goods];
; ?1 Z, i9 p0 S% u+ `2 b$ H(g) the duties were overpaid or paid in error for any reason that may be prescribed.
% T+ T% l; p/ T+ N5 e- ^$ y" r(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. I  E; z* ^" q& g) I$ E1 q5 b' w9 Don tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
) {4 J" Z( O. ^: _' Sthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)., B' T9 w7 ]( s6 [+ M
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim# H. E# _+ i7 P; E
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
4 H2 @" s6 @8 Z% r; ~(3) No refund shall be granted under subsection (1) in respect of a claim unless
! @5 W# Y' J: h; Q3 I& u4 c* g(a) the person making the claim affords an officer reasonable opportunity to examine the goods in  s6 |7 [& \) C' f2 m# Q6 f
respect of which the claim is made or otherwise verify the reason for the claim; and
7 ^% N5 x  T* A, [" ?2 {5 L$ w(b) an application for the refund, including such evidence in support of the application as may be
, P% u0 t: {5 o( N/ m, aprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
* ~  y/ G3 t0 _: X$ oprescribed information within
3 N) ~. s) a; u0 h' j/ e(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)6 t; i, e! u# A* J& b- N6 T, c
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
2 y9 w. X$ G! @: M(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods+ z+ v( I2 A' R! c0 z% y; c+ G
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
7 {! ~& X% s$ w5 B9 X(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of& L) X( ?; `1 A9 |! F
this Act as if it were a re-determination under paragraph 59(1)(a) if
4 c9 @- q" H+ v1 y(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
( m5 m) Y4 U( _7 u9 @. Obecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
1 I( W% E/ [2 J7 W7 G1 }eligible for preferential tariff treatment under a free trade agreement; or: E) t" s  X0 i4 h# Z
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
) K2 c; A! D' sbecause the origin, tariff classification or value for duty of the goods as claimed in the application is: x; q% _% i4 g7 J, l3 @
incorrect.+ [9 F0 P8 b; o% Z, l* a" j
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),7 |; M$ F. [, b; y9 S
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
3 \; H8 h. j  k8 b3 Z2 A* dother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it0 V: v* D; @3 Q! S6 J+ ?1 r
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊?
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