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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! }: ^! J6 b0 z  I
上面说 非商业 进口 可以免关税?+ S8 y6 E0 c9 X& g" s& R
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  ~( g4 o7 h1 l* ?http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests6 p* D$ v+ D5 \* s
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
" S% o9 Q: ?' B4 fpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 i% D) M' F$ R) hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
8 C' j( s. m' w. H0 b/ L7 D( D(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
/ m+ Y8 ]8 Y  f# [1 vCanada to the time of release;
6 W! O. ]% o* o+ Q( g(b) the quantity released is less than the quantity in respect of which duties were paid;
& P  x8 E7 T  h' S9 n6 c(c) they are of a quality inferior to that in respect of which duties were paid;$ t+ }0 `/ m/ M7 }
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
% e8 V; h% k  _7 wtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the! G9 q" t3 u' i+ w9 E  j8 T; L# w" r
case may be, was made in respect of those goods at the time they were accounted for under
$ E$ ^( x* ~) @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 for4 c3 ]. r* T. W) |
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
+ ~/ m; S- q6 ]. K7 ?. Daccounted for under subsection 32(1), (3) or (5);* I* Z/ |6 S( c$ }) S/ J
(d) the calculation of duties owing was based on a clerical, typographical or similar error;9 g/ o& `; \: |8 V; N! L
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)% U) q3 d; J4 r& O3 j$ E, v$ x
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or7 P+ W' i% s2 s0 M* V
value for duty in respect of the goods and the determination has not been the subject of a decision# q7 ]# a, p2 h5 \5 j
under any of sections 59 to 61;4 a( z: u5 `( r3 I
(f) [not applicable to non-commercial goods];- e, \. Z5 v- d; t: ?
(g) the duties were overpaid or paid in error for any reason that may be prescribed.) f3 w* B6 B3 m1 J! }; q' m
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
0 j& u% a) a1 N; h1 e. o* |on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
$ u& U& W" f" o( w' Ithis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
0 I- \' l* _. R9 H6 t& ^(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
! D' p' E/ f) ^8 v8 Wunless written notice of the claim and the reason for it is given to an officer within the prescribed time.( W7 \/ E. I* t# j
(3) No refund shall be granted under subsection (1) in respect of a claim unless+ u1 I8 W' T9 b1 X2 d
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in! l, A- d: B8 F' L
respect of which the claim is made or otherwise verify the reason for the claim; and
5 }2 g# f2 U; x0 v0 V& T(b) an application for the refund, including such evidence in support of the application as may be
1 X' \# j7 _3 Z; H/ g3 sprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the6 F0 @4 q+ w8 k9 H! D: J6 v1 [
prescribed information within& _5 L# p9 L8 x/ N
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)' N( w, K% R/ c, F7 A; b% b/ ^* a+ I
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and2 t! b+ J9 r) P
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods5 v/ z( H: ~* z* d
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.; V5 u7 _, h0 L" E& p' R5 I4 Y4 w1 N
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
6 c9 m: h9 |7 s3 m( Nthis Act as if it were a re-determination under paragraph 59(1)(a) if
: N/ P6 w4 e% Y% o$ N# X(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied& T+ Q3 {2 U6 D4 z, i  Y
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
4 N9 }$ d4 {) V4 Q+ A! L9 ?" h5 _) l5 \eligible for preferential tariff treatment under a free trade agreement; or+ p7 F4 Z' ~) i; X
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
& t( z* `% X% ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is
9 P1 O, {8 U6 nincorrect.
- S4 z' }+ V. X% ?) c" K(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),; h6 W& }  x% j
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
2 [( F, v" p# ^  Q- d5 ]+ M' r, ?other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it  K, U' X/ v! p5 C1 ^* `
were a re-determination under this Act of origin, tariff classification or value for duty.
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