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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
- n) X0 U9 D0 ^1 D0 c' I上面说 非商业 进口 可以免关税?3 }* ?$ e* [( K5 ^0 O( C. C3 J
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
8 U% q! r% z/ f3 n4 \" [; a74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who$ M9 o/ t8 w: L) C5 m5 @* m$ n7 Q, \. z
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" |7 o+ x5 z6 @; {& ]3 jof those duties, and the Minister may grant to that person a refund of all or part of those duties, if: n. |; n8 I# d6 k+ `2 X' U
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
, d9 Y4 |$ Z; C" lCanada to the time of release;; d/ _8 E1 L4 a  P0 Q
(b) the quantity released is less than the quantity in respect of which duties were paid;% \$ D: w4 t5 S; ?: q" Z/ g& g
(c) they are of a quality inferior to that in respect of which duties were paid;
$ ~; P) q" q0 ~8 }" J) n(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential6 i. o( ^8 l: S' F9 b' ]8 x8 W) {& {
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the/ q2 L* j8 _6 r
case may be, was made in respect of those goods at the time they were accounted for under
# G- |- r0 q! T3 ^( b9 ^* g' ksubsection 32(1), (3) or (5);" N- |. ]# n; X: r$ ?$ |
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for. U/ c5 b6 H8 f! k
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are7 ], g" ~7 l1 f5 T& v7 s
accounted for under subsection 32(1), (3) or (5);  h( z4 c# }1 k: g- Q8 Y8 _3 X
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
* |8 Y$ z6 K8 a  G(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)3 O8 H6 K' Q/ `- U0 m0 X
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' ]) w8 K  p0 g* s  B' F9 }value for duty in respect of the goods and the determination has not been the subject of a decision
0 n  r( M* \1 j# G' ]5 Q& nunder any of sections 59 to 61;
7 O0 e$ l% X1 \, `(f) [not applicable to non-commercial goods];. Y: X$ J# N' v; `
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
( w& H+ M# P$ L- P5 H(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based, J2 H; c; \4 A7 G6 ]( D( Y1 _
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
( ~/ C  e$ V2 i! q( p( y) K# q7 _5 ethis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
+ r) ?1 O! \( d(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
- g5 ]+ F7 V2 h7 n/ aunless written notice of the claim and the reason for it is given to an officer within the prescribed time.0 o8 d; {& ^1 k& y# P2 \' R1 j
(3) No refund shall be granted under subsection (1) in respect of a claim unless
) y( C( F7 m9 D4 q/ U(a) the person making the claim affords an officer reasonable opportunity to examine the goods in7 \% S6 {/ c, ~& S! h$ Y' R) I
respect of which the claim is made or otherwise verify the reason for the claim; and
" }* v5 }7 I3 Y/ _. ~9 y4 a+ ^(b) an application for the refund, including such evidence in support of the application as may be
7 Q$ Y! C- e+ A  p7 G8 qprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
5 v# I, t9 f+ \! b" u+ {prescribed information within0 r) w7 E9 u' Z2 }& _% |
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
4 v0 m0 Q% {, p  o6 Nor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and  Y0 W* u5 i, D1 o+ o3 {  K
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods& c' s0 k9 q2 U
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
. U) S5 l9 L8 m* E0 z(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
7 i6 ?' h& q" Rthis Act as if it were a re-determination under paragraph 59(1)(a) if
8 d6 t9 [/ i4 L; V/ i7 W(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
# X7 v. R3 ~' G4 ?because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
5 b: p' k1 d6 L3 Q, V+ ?& heligible for preferential tariff treatment under a free trade agreement; or! G7 J: P% B2 P) q7 ~
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied$ `5 c$ `5 o1 I) A
because the origin, tariff classification or value for duty of the goods as claimed in the application is
' ]2 e2 v1 J; i2 Yincorrect.
, V' {/ G1 w; O4 C(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),1 r6 d4 X8 ?- \* R
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
2 j' e$ @, R# P1 _4 S- `1 i$ }other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it5 @* l7 c/ f  \* [3 P
were a re-determination under this Act of origin, tariff classification or value for duty.
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