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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. ^/ X0 `/ `/ ?( D$ e  x上面说 非商业 进口 可以免关税?: E1 z/ D+ x0 a, q( R/ \1 B- D
1 V! x) f3 L6 \' @
+ i! K: h0 a* n" ~* P( X3 q# i1 |
4 s& G2 J! f) o5 @1 \/ J
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf& _3 h/ }, z9 o& e

$ F1 h) p/ r! ]4 \
: T8 d  f6 k% g# K, e( O& kRefund Requests. a2 c" Y1 M' P+ I+ f
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who5 ?( k4 o0 m, O3 ~0 H0 {; h* u
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part0 \3 V0 n) h/ z; K* p* `
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
9 C& ^+ z- Y: y' s, [(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
( h) O5 K/ `0 W. j- H3 r* kCanada to the time of release;5 q( w0 Y6 p! y5 S$ H' i/ {( {
(b) the quantity released is less than the quantity in respect of which duties were paid;$ W  P! _) D. T( n% w# X  Z
(c) they are of a quality inferior to that in respect of which duties were paid;
: ~( O6 y! ~1 |. {! l" F(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential1 O# C/ G& `8 f! u/ M# o
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
. Q& f' z8 q3 B6 m7 _case may be, was made in respect of those goods at the time they were accounted for under: {6 w9 `8 E3 Q8 j
subsection 32(1), (3) or (5);
/ a; x8 a+ ?4 G8 s8 }, ]3
! Z" g, I8 _* y" M% M/ l(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
0 n2 _: ?7 U4 Y! Upreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
/ p7 M# X/ }; waccounted for under subsection 32(1), (3) or (5);* [% @$ Q- J! V* m
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
- J  F3 m( [1 v. g% d(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
  r$ ^" n+ ?# q4 c' a9 gof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
8 L) P" `6 M. s0 U3 x5 }value for duty in respect of the goods and the determination has not been the subject of a decision
* q! [1 `! ]  _" F4 w) sunder any of sections 59 to 61;( `; h" V; ]6 d8 j2 u3 y; S
(f) [not applicable to non-commercial goods];- E! t% C& U8 q" R
(g) the duties were overpaid or paid in error for any reason that may be prescribed.( [7 d# d& d4 R5 r- X
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based. u6 o; V; ~" p0 J# e
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of1 o3 i( |9 F7 z' ^
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).- M1 x) n, h6 l5 B# ?) z
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
9 P7 t6 v# L  D% T+ s2 x& J1 ~unless written notice of the claim and the reason for it is given to an officer within the prescribed time.8 |  w9 p# v, |: u. z
(3) No refund shall be granted under subsection (1) in respect of a claim unless
+ D+ m+ h, c% P4 M(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
- {+ |3 d, G* [respect of which the claim is made or otherwise verify the reason for the claim; and
6 y0 f* r- B. G* [(b) an application for the refund, including such evidence in support of the application as may be% l8 z% f/ E5 ]8 l, G
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the4 P2 a7 ^) ~; g7 ]. U1 m" D
prescribed information within
: C  X7 |* P3 |8 i/ y8 s! [(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
0 s% j  g$ e6 f, e  T3 R  W! ?or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and7 c- h: `$ W& m
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods2 X: e4 k: N# I% |
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed., }& j/ N8 N) \
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of; g) \4 X- a( @
this Act as if it were a re-determination under paragraph 59(1)(a) if+ ^- g5 j: T& J' H
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied1 `0 w/ ^/ ^, a9 u- d, T
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
/ K/ ?( d  N( d" `2 z2 Meligible for preferential tariff treatment under a free trade agreement; or( ^- M3 X( C' J
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied! g% {1 q/ l( K
because the origin, tariff classification or value for duty of the goods as claimed in the application is
/ k; ~, b7 F$ H  F' s+ b* C9 _; Uincorrect.
$ t$ T* n7 l* S- S/ ^(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
- B, p4 e2 `* _* }0 r(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground. [) r; B$ [1 p; l8 |1 ?
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it. b9 p9 N: e: W' N% i$ I- h% k
were a re-determination under this Act of origin, tariff classification or value for duty.  j! P, I/ c& n# T8 G( c

, ~; B2 n2 S: l) j这到底是说可以还是不可以啊?
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