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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
4 O8 h  p! @* ?7 [9 k- l; I8 L6 `' s; y上面说 非商业 进口 可以免关税?
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& O/ f% Y  J6 o, p! y
$ b0 c6 J1 E. D9 R/ }# A: e
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf; S2 ?! [/ h$ F" ?3 x8 h

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: m2 n1 G% O) Q; g; kRefund Requests
$ _: T4 ~: p$ A9 V. \; r74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! g' h8 r% }( p& [paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part5 W6 t" P, o+ M1 V8 r. o# n: G
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
  s. E5 K: e& Z" K8 q9 U1 W+ }(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to% Y1 G0 z- ]+ L, v
Canada to the time of release;5 c9 i6 Q$ Z. `- e  v& `  q8 `/ p
(b) the quantity released is less than the quantity in respect of which duties were paid;
1 G- g* d( T. e5 J) F8 w7 l(c) they are of a quality inferior to that in respect of which duties were paid;+ `* `" @8 h: f& L3 X
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential" P  f" O2 F6 K5 }" y( v- a
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
8 Y9 D' H% L! e6 ^1 \" w3 mcase may be, was made in respect of those goods at the time they were accounted for under$ }* g6 t( K( @9 O- h: f0 K* b
subsection 32(1), (3) or (5);/ k. r* D7 Y* L* `
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
4 A. Y! A3 \: ]) ]8 X  n& jpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
& M6 X% \% ^8 {4 T1 n0 Zaccounted for under subsection 32(1), (3) or (5);* _1 R% h' U$ h
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
. F# J4 ~/ C: @/ D. J(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
! @6 ^1 ^5 K& Cof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or* x7 |, }  u% q6 |+ K6 k9 h
value for duty in respect of the goods and the determination has not been the subject of a decision* x4 g. I% F' R( ]# X6 m$ k
under any of sections 59 to 61;  u* Q1 `6 Z$ e
(f) [not applicable to non-commercial goods];
  t2 r& }0 O% |. K(g) the duties were overpaid or paid in error for any reason that may be prescribed.
, [& r% \0 a' G0 I& ~& ]+ w. x(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
( r: l$ Z. P5 m- z" Y; U( \+ won tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
/ M9 r: n( b2 X9 C/ @7 {8 B. jthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).# s  Y, [: y% r8 f
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim  a. |- B0 f' d- Z" M7 o# u% Y" D
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
5 S/ ]+ D0 y. V(3) No refund shall be granted under subsection (1) in respect of a claim unless$ u1 m- r( s- T* T' v
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
+ W0 `. r0 ~; {1 Urespect of which the claim is made or otherwise verify the reason for the claim; and
" s6 u& k3 R9 X9 h(b) an application for the refund, including such evidence in support of the application as may be
2 p' s& h/ b' ^: Gprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
$ Y$ {" z1 T8 f- C0 K( ?5 ~prescribed information within
1 b2 V$ o7 n2 Q- C: s7 o(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)' v6 ~: U! i+ H) V+ C9 v
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% o8 f7 g! M/ l( S# j4 Z(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods; j$ _2 n0 V; n, k) {* t/ p
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
, O& i2 y1 H) N; J! M(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of" ]' T0 q5 B% f; m
this Act as if it were a re-determination under paragraph 59(1)(a) if, x, J1 P! s" r! A" o
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied4 J1 \+ u/ B9 S$ S
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
& v( c# \0 z8 d: Z  Heligible for preferential tariff treatment under a free trade agreement; or+ g- o9 V, n4 a: S1 b
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied- R- Y9 S) j* P+ |) F8 w; M
because the origin, tariff classification or value for duty of the goods as claimed in the application is3 k8 a2 u' ?+ ~0 ^0 G
incorrect.
2 k: D: @/ M( @, |5 p(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),& a; {; Z2 D8 F
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
: K5 ^3 t  t% K) d  W$ R2 bother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
8 p- p. B% R1 T" owere a re-determination under this Act of origin, tariff classification or value for duty.% |* f$ t+ }+ e) P- s2 _8 t8 `* y

! V4 u. R! R$ B1 |. w& C这到底是说可以还是不可以啊?
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