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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
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
' t' A* K4 B2 L5 O  v! r9 }上面说 非商业 进口 可以免关税?
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! ~$ D4 Q) A8 h: z' ohttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf% k6 P! I% z, p3 C
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Refund Requests& ^" A- n) ~$ {: W) _
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who5 s" F" B( x  m8 Z, _
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
3 J/ I' \; Q" [% M! I, P% J! ~$ gof those duties, and the Minister may grant to that person a refund of all or part of those duties, if( G! ?+ l) Y1 p, A! |7 @
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ m# R$ q9 R. ?# o" s" a' t) @- n
Canada to the time of release;4 `% K( C, j/ ^. F. F
(b) the quantity released is less than the quantity in respect of which duties were paid;
' G; n1 ^, I4 ?1 A) ](c) they are of a quality inferior to that in respect of which duties were paid;+ F3 g) \" H; t4 r6 B, E
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
5 N: A/ x2 U; ~. q: X3 Y$ [1 z! T  ltariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the. r# |! q* i/ ~/ Y
case may be, was made in respect of those goods at the time they were accounted for under' |2 r5 s8 F+ L9 n) `- O
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
0 z- z4 V2 p6 R5 ppreferential tariff treatment under CIFTA was made in respect of those goods at the time they are! W. b. A8 g  ?( u- Y
accounted for under subsection 32(1), (3) or (5);9 C3 i' T  h6 u5 J) R& k
(d) the calculation of duties owing was based on a clerical, typographical or similar error;* D* j, W3 |' C: X" [
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
: c; m2 C* q- G- _: _" N$ j- Yof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or- P7 R+ ]! y; T  \4 u: l
value for duty in respect of the goods and the determination has not been the subject of a decision
: L0 x2 g5 P1 [9 ~under any of sections 59 to 61;
; l+ T* L( i5 i; l; }) B+ u) a(f) [not applicable to non-commercial goods];1 i6 g2 b( P1 m" {7 }- t1 j
(g) the duties were overpaid or paid in error for any reason that may be prescribed.5 K' R4 `$ m3 S" ]0 b) w6 L. _- I
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
, }& S& Q: B& g, _9 yon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of! t' o% O8 ^) @/ H# y) I' {5 Z; G" V
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).$ C. y, ^5 P% T3 f, ~/ \9 y
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
$ F+ |4 X3 B5 b3 Zunless written notice of the claim and the reason for it is given to an officer within the prescribed time.( {( g2 `: I" H. B3 ]9 I
(3) No refund shall be granted under subsection (1) in respect of a claim unless
7 e! \- ]1 E- h(a) the person making the claim affords an officer reasonable opportunity to examine the goods in8 s0 H$ y. x* W( B$ v# F
respect of which the claim is made or otherwise verify the reason for the claim; and
! P  ?$ [+ x! p5 e6 l5 N+ f(b) an application for the refund, including such evidence in support of the application as may be
- I5 ?& C% W  }1 E# a0 Y* _# iprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the9 H4 O) q1 |' L6 F
prescribed information within+ [) ~1 |( q1 ?; j/ h
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)# m* d. W; l; W5 y: s
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
, A: P, u5 c, v" n, b) O: _(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
7 @% h+ Q. w3 k: T% c/ ?were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
# R6 f3 o# [2 z& G+ {  j, V9 h(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
# p6 i% y. L7 p! `0 ithis Act as if it were a re-determination under paragraph 59(1)(a) if
+ w! X( f# Z3 _7 H, g(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
9 Q- Z: d/ c8 B0 ]6 b% Cbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 u3 Q( E7 d; [% Teligible for preferential tariff treatment under a free trade agreement; or
% v( K) X' l0 J(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ _; J; Y# R$ ?because the origin, tariff classification or value for duty of the goods as claimed in the application is) T: k) A! r* a0 T
incorrect.# g% q: x* b  k5 ?! M! [
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),: f- |) e; V8 [
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground5 b" n& @, @' Y4 C9 z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
, P. q2 a0 }- y+ s$ g1 T( _were a re-determination under this Act of origin, tariff classification or value for duty.
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