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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
" v+ w/ s% K& i上面说 非商业 进口 可以免关税?& S; K' ?0 ~, B4 F% u8 A* j

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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests1 I, U, j$ p; F! i  U
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who! W: I* c5 t' \% A0 t1 j* `
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part' R8 {, t  j3 z$ r
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if6 L! u6 n: ]$ I* i6 f0 b  d
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to; }3 h' s$ }1 P9 S9 O: K
Canada to the time of release;# v9 T6 b; P' F4 z* a5 y
(b) the quantity released is less than the quantity in respect of which duties were paid;
3 j1 N# r8 R$ L3 y8 {9 G7 N9 m(c) they are of a quality inferior to that in respect of which duties were paid;
7 x: o2 j3 Z% r  H4 V1 S) n(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
1 C4 ?2 p3 _! x' E* h- k; mtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the' {" T3 [8 P0 W& R
case may be, was made in respect of those goods at the time they were accounted for under9 y* x" F# ^  l8 g5 q- S, z& v
subsection 32(1), (3) or (5);
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' [' i0 t  z) H1 |2 Z5 D(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
0 o0 f3 Q  F+ B' vpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are8 E4 `8 {, ]7 G; q( \! g! ~
accounted for under subsection 32(1), (3) or (5);! s0 u& Y+ p* u1 X" x
(d) the calculation of duties owing was based on a clerical, typographical or similar error;0 D: J% ?8 h" K) f
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
3 S) ^6 [/ o; D, vof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or5 T0 `+ `7 m) t! e2 z' p. Y
value for duty in respect of the goods and the determination has not been the subject of a decision1 H3 s0 M# @2 E
under any of sections 59 to 61;* d) P4 F  H$ j- L' ~' c/ I
(f) [not applicable to non-commercial goods];- e. J+ ]8 g- Z5 T
(g) the duties were overpaid or paid in error for any reason that may be prescribed.$ T, k' z6 K: y0 p2 i
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based$ r2 G% R- K8 O* g% h$ m% `
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
% ]6 N% x# N  G: }: ~. d) M% Ithis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
+ T- q6 W. ]* U: z3 V" Q: F$ L5 ?(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
) k" \0 q. C4 [unless written notice of the claim and the reason for it is given to an officer within the prescribed time.! W0 _; J% Z4 w" K/ C7 V* p5 v6 M+ ?
(3) No refund shall be granted under subsection (1) in respect of a claim unless& H8 Q. I) B3 C  S
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in; a& N; {6 e# `: }) G
respect of which the claim is made or otherwise verify the reason for the claim; and) ]; J" h9 H! _/ }1 L+ Z
(b) an application for the refund, including such evidence in support of the application as may be
9 i1 N/ F0 _3 W, gprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the1 Z2 t( f0 N( V" R3 W! o
prescribed information within2 r& n" P2 K% I# [2 t
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
0 y6 n2 B+ r8 L; I7 b3 Y! }2 |or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and; K* T3 G6 U/ U, v( O' w/ N  X
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
% I% W4 u. d3 O# Dwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) a5 T1 p1 N# ^, k& ~; S! T3 S2 [
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of3 z& @/ K! [) L
this Act as if it were a re-determination under paragraph 59(1)(a) if
2 R2 X- ^3 L& p8 n(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied0 g6 a# j6 j. }& [0 P
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not5 C, ?* {5 ~3 r/ a/ q" ~6 `8 {
eligible for preferential tariff treatment under a free trade agreement; or
& k0 c( s0 F& Y1 F(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
2 F+ w; y$ Y4 _  rbecause the origin, tariff classification or value for duty of the goods as claimed in the application is( w) U+ ~7 c. |& R
incorrect.7 C4 L6 ^9 X0 `' A% k
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),! X# l9 @4 {  ?3 {7 C0 b
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground! f) e. O; O' ~) O" x
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it6 h* E' I9 d2 L; ]+ @: J
were a re-determination under this Act of origin, tariff classification or value for duty.
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