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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 Importations8 C/ ^& E6 B: k) j
上面说 非商业 进口 可以免关税?: F* k! R4 U6 j4 ]% g

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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
* c- n) _! Z' [( y74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who% Q9 y7 Z  n% W+ A( y
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- q8 W* @$ u) |  |' N+ t1 {of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
) C( O4 O$ {1 M" S. w7 R(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
6 L3 p7 ]/ _' ^7 w8 [: I8 hCanada to the time of release;
+ W, y0 ~' Z- s9 k- i(b) the quantity released is less than the quantity in respect of which duties were paid;+ U9 ]5 I0 K( b
(c) they are of a quality inferior to that in respect of which duties were paid;
3 M5 I6 P* Q2 }5 e) m. p3 W% n+ |(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
9 l9 X+ Q% m) d# Gtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
2 q  r. x' J" Y0 ^7 n3 Fcase may be, was made in respect of those goods at the time they were accounted for under. W' w3 T. p3 c% }! g1 @3 W5 s
subsection 32(1), (3) or (5);8 F4 ~' z" F+ K4 K
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
5 C- Q4 n! t7 k- ^0 Bpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are, X, Y9 S; l) r- c
accounted for under subsection 32(1), (3) or (5);
, S/ @: ^9 `3 P5 D, S(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 Y2 a3 L( ^" P  z) R(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
1 G7 ]1 ]2 e" H, Yof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
3 R/ k9 P  k* U1 g& @value for duty in respect of the goods and the determination has not been the subject of a decision& V- y: H. l4 Y  n
under any of sections 59 to 61;: e- a* K) X7 Y9 \: t+ s" H7 L
(f) [not applicable to non-commercial goods];* F4 G3 _# P4 T* [
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
% F% K5 K' F" M  r1 I8 U(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
3 `  Q( Z. @* m6 Son tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ B  t. ]: i) ]3 _0 u- z3 z6 |
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
* m2 n" V, _# g$ ?1 B4 e1 P(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim. Y* h  z1 O2 m/ c
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.0 c! ?$ {, S$ _
(3) No refund shall be granted under subsection (1) in respect of a claim unless
5 _: H6 ~* T% q  l2 _+ @( d( R# E) {(a) the person making the claim affords an officer reasonable opportunity to examine the goods in3 y1 o0 [) n/ c
respect of which the claim is made or otherwise verify the reason for the claim; and
7 t& m( p1 C8 _# N7 D0 ~3 o(b) an application for the refund, including such evidence in support of the application as may be
3 j/ T! N" F1 ?0 `- P: ?prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
7 S7 ^( `4 j, Q8 ^prescribed information within
# {& y3 B, h( b( R; v5 r) J(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)' S, c" U6 T( Q; C
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
, {; T5 n1 \/ f' R0 w(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
8 X) Y: o, o- H9 awere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.6 W8 e; C% U3 m* Y, H% `
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
) ?0 r9 b+ P" q& e. }* H/ u' rthis Act as if it were a re-determination under paragraph 59(1)(a) if  O' R2 r2 V4 Q# D$ V3 V9 F
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
5 A7 i$ ^; O* F& lbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
. ~( A! Q6 G, N2 O4 X. e8 Feligible for preferential tariff treatment under a free trade agreement; or
! }. W! k* H" m- }$ W' Q8 I(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
! A2 Z# x6 Z2 ?! A2 Ibecause the origin, tariff classification or value for duty of the goods as claimed in the application is& N! A3 y; b" g
incorrect.
- z* @0 |. g6 ~- H# {(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),6 j- ?9 O( R% \3 d1 ~- [
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
& ^, N1 o7 f+ Z5 Dother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
3 e3 {9 m' L, e3 d4 e# Pwere a re-determination under this Act of origin, tariff classification or value for duty.
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0 N/ x3 T9 K1 I  f) f8 m这到底是说可以还是不可以啊?
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