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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; i' `# O) [6 F3 k7 p
上面说 非商业 进口 可以免关税?
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2 U/ }2 x  H7 e$ ^3 c3 |3 ^" B, c# G! k* }
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf0 w' Z0 J. S: `# d1 l2 x0 s

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- l' e0 ^9 A: s  [' A% r$ o6 gRefund Requests
# C( _7 P) d% U( h74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who3 j6 M% v1 _. I2 ?) c
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
# C/ V; Y; i$ G! C8 y  N% S+ Oof those duties, and the Minister may grant to that person a refund of all or part of those duties, if7 E8 Z& ^9 f  r; j* x
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to# Z( D  w, O7 `  {  f8 e9 K8 e& n, P
Canada to the time of release;: u* ]9 j! \" m( P% s- u
(b) the quantity released is less than the quantity in respect of which duties were paid;1 Q, ]% O8 a; B( k- U& O/ s
(c) they are of a quality inferior to that in respect of which duties were paid;" D0 a  k- `; ^; t
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
9 ]# }( v: X% Z2 |3 j5 b. ftariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
! M1 z! i! v/ A4 z( Kcase may be, was made in respect of those goods at the time they were accounted for under
8 @0 _1 ?5 z; Asubsection 32(1), (3) or (5);3 R; B. P( Y# E
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4 H2 b2 j! D% ^) @9 \(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for. c. w0 g' B6 |  b" K- o$ |
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
. \  B5 Q8 I, I* aaccounted for under subsection 32(1), (3) or (5);0 _* w* Z+ h" W% R% o
(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 p2 j8 l# X0 s1 ~8 i- A
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2), _) m2 [/ N0 T, Z
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or2 K. r0 c* C5 s" G& g- }1 A+ l
value for duty in respect of the goods and the determination has not been the subject of a decision2 H8 E  t) Z3 y+ R- E; T
under any of sections 59 to 61;
  U+ m  a7 ^6 O8 u(f) [not applicable to non-commercial goods];5 Y- x+ e3 s; H6 w* W( a+ I
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
6 V; x% x& g- x) I+ v(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based/ N0 x/ F6 J* j/ N4 b) C
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of; @1 W) [( o' t7 G
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).8 V5 A1 j' o$ W: ~' P4 j5 {9 p; b
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim8 M+ h% @6 c9 _# c1 m& A
unless written notice of the claim and the reason for it is given to an officer within the prescribed time./ ~' C( u) k7 a& b. o
(3) No refund shall be granted under subsection (1) in respect of a claim unless
( D: G- }" z5 h  x8 v6 S& }(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
, p9 n. g1 r! R1 frespect of which the claim is made or otherwise verify the reason for the claim; and  ?1 f5 ~$ j2 A- q
(b) an application for the refund, including such evidence in support of the application as may be
: D, m' h  a6 g; J$ E* Tprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the' L7 C: v7 l: Q( F1 J
prescribed information within. _' c) e) ?3 H) [
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
1 O4 e5 e9 g+ y$ R' f" L2 Bor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
# h: K) N' u7 O! X3 R(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods2 X) [  R$ ?& [* Q* X
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.! J3 }5 F! I1 U+ w
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of$ L( o9 u, N) Q' `0 I/ N6 y
this Act as if it were a re-determination under paragraph 59(1)(a) if
$ N' U6 P1 c/ E- i7 Q7 d6 Z# Z(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied2 q, W6 [7 e7 u* h& q% b$ s% J
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not1 @. k0 [  v4 G7 ?( [4 u7 r* {
eligible for preferential tariff treatment under a free trade agreement; or1 B* T. g/ m3 r3 Y
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
# P& u  z$ r  v) u3 Q. N7 h* ]! zbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
* O7 ]+ q9 c: b; J5 L1 eincorrect.
2 K% G/ _! J- Z$ Q' i' I(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
% p& y2 B: K+ ^$ W4 L3 \(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground1 i: w; J8 ]1 S- J3 d# c
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
% X& N+ e( t7 t( Q2 Z( ]2 E5 e% K3 Kwere a re-determination under this Act of origin, tariff classification or value for duty.
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3 y$ U2 o: ^& n0 Q; w这到底是说可以还是不可以啊?
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