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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 Importations4 H' O8 N* h% m, \' C) E, `( j
上面说 非商业 进口 可以免关税?8 ^0 T8 M$ P! q0 O: e$ d

6 E. M6 g+ x9 Z: {9 s" r" `; ]% K0 V$ [- w
# F2 m+ Q1 |$ I* L$ Z  j' b
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf! k$ C' o6 I1 C/ w) s! u" }
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Refund Requests# b0 N$ u  a/ a
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
1 a0 k  c/ |  H" Cpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part1 x( T4 g$ J7 q+ d1 `" y& X1 ^: d
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
& B7 e  L3 E) \- R( k(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to+ ~' J! ]% b6 S' W6 o) g2 K- c
Canada to the time of release;7 V. K( Z, G  u( ~; }% \
(b) the quantity released is less than the quantity in respect of which duties were paid;
+ T5 S& Q6 H6 o4 I. I# W" f" c7 R(c) they are of a quality inferior to that in respect of which duties were paid;
: W4 i8 ?3 @% v, H1 O(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential8 E3 |' Y* e+ K) b- K
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the& k& [- Z  v/ E8 G( ?
case may be, was made in respect of those goods at the time they were accounted for under
' l8 h+ _2 }# t) g8 d& l- T  r/ Fsubsection 32(1), (3) or (5);7 d- H4 [4 Y. u5 c3 P
3# V# I; ?; F( u4 ~5 \( b: w8 ^
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
% [. w4 A9 a# b1 N4 y! b; vpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
/ Z- o4 q1 z( G, c* I, Baccounted for under subsection 32(1), (3) or (5);
2 l1 B! f5 {" U" U(d) the calculation of duties owing was based on a clerical, typographical or similar error;0 T2 a  V0 P" X- y" i( l' N' H+ W& {
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)5 U! L; |7 d; z# ^, g6 m
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 s4 d3 L/ {( f2 tvalue for duty in respect of the goods and the determination has not been the subject of a decision
) z$ Y% O  q  R' M! junder any of sections 59 to 61;
) e* f" {/ l+ V- J8 H+ ](f) [not applicable to non-commercial goods];
$ ]0 {- r# V5 t, s" Z5 V+ M(g) the duties were overpaid or paid in error for any reason that may be prescribed.6 W( g* f8 W% U( r1 e# \9 j
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based1 X% G" X' Y" S
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
) J3 Z3 E; A+ g; w1 I" athis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).1 y/ J% i4 F' W9 n
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
  M& S6 h5 S# Q: q/ v7 Vunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
' l8 o7 [6 g# C6 n& {(3) No refund shall be granted under subsection (1) in respect of a claim unless
0 u% e/ A+ U# P(a) the person making the claim affords an officer reasonable opportunity to examine the goods in9 {, _( p5 ~+ d0 i1 K3 {9 i
respect of which the claim is made or otherwise verify the reason for the claim; and) Z  Q0 V2 @% ]8 w4 F+ g' I
(b) an application for the refund, including such evidence in support of the application as may be; S# L9 I5 Y" \* Q4 Z6 T
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
; E; f$ i; O0 X0 ]/ Q+ qprescribed information within
! r& z6 J3 f- T( d4 u9 [/ C(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)7 T3 n5 ]0 @/ X( x5 E
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
! M  r  K( @2 `0 b(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods; z9 ^5 o0 [' q. W6 f
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
; S, B9 V4 {# `( x  q* @* P8 U0 [(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
: U4 L# e4 r. ~this Act as if it were a re-determination under paragraph 59(1)(a) if2 D# }+ i+ @6 J) s; K7 B
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
! p. a2 P5 l# G+ U& Ubecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not; N) b8 k+ b6 F. V) Y* \  k
eligible for preferential tariff treatment under a free trade agreement; or
7 {3 y. \# v2 C7 P5 O/ L* V(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied. F( ?4 l; i! ~' Z1 m
because the origin, tariff classification or value for duty of the goods as claimed in the application is( H! {* j5 k* P% k! o/ H* I
incorrect.
3 y8 C' R& u# f+ E- [' n: ?) B" B0 W(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),5 l# p/ a$ N1 k- o; r: b& X
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
  F; [7 r2 [$ A9 [% ?other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
0 u* x7 ^2 D0 ]( H. twere a re-determination under this Act of origin, tariff classification or value for duty.1 e- S6 m. O% ]8 s. n

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