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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 Importations7 E2 w7 G: k5 J- p% J2 F9 r
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf, U3 W, }! F/ M" ]4 Y$ a

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: e6 l5 E2 _& e* g: e9 g  t, }# jRefund Requests
* Z  F% }8 H+ C- v: x74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who' z  v2 l2 ^# J, K+ X- X# Y
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
  C( }4 y+ i9 o, J! Y% u6 l. H- A  uof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
0 e/ O" }# T& U( j' a& X2 c(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
3 C! K" w0 X, o; U, N8 }Canada to the time of release;
! J; D/ l3 s; q(b) the quantity released is less than the quantity in respect of which duties were paid;
$ D: ^# M4 B4 n/ c6 {(c) they are of a quality inferior to that in respect of which duties were paid;
( {% C( H6 V1 H0 g: T1 F(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
! G6 D6 t$ X/ f# [tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the9 u" r5 D$ l* ?. l  X
case may be, was made in respect of those goods at the time they were accounted for under9 [/ [" @5 L' v& u2 X! G
subsection 32(1), (3) or (5);& o' G5 P5 U# W! w# O' Y
3+ {' |. S: V' m" M  a) |/ c: C3 {
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
2 j3 t. [) e0 Y# {preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
/ w- C  S6 O$ F/ M& }accounted for under subsection 32(1), (3) or (5);5 \. ~. G5 B6 ^8 g! i) f
(d) the calculation of duties owing was based on a clerical, typographical or similar error;1 ~# d0 R+ t% B3 D, Y* Z  E5 R7 h
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
% Y- b/ _9 a) ?) i. d& i* vof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
- |4 U) p4 e0 a: L. x  t/ Uvalue for duty in respect of the goods and the determination has not been the subject of a decision
5 b8 S! V* u; K1 F/ iunder any of sections 59 to 61;& V6 N  o- D5 ~2 {; K$ L
(f) [not applicable to non-commercial goods];
' V5 V3 [7 a$ A(g) the duties were overpaid or paid in error for any reason that may be prescribed.( d! S+ S9 w4 I1 L- Q7 J4 d. j
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based0 x5 Q$ H# s* d
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
& r2 n; h9 }6 @. @+ L& s9 P! Ithis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
# N/ P7 z' z9 ?+ X( K( q3 }(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim, F5 X- l- c" z" a1 R9 z5 M
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.0 g, i# ~0 _. q/ t2 c0 \# ]
(3) No refund shall be granted under subsection (1) in respect of a claim unless
3 b& I$ n2 k) n5 |* p' B0 a(a) the person making the claim affords an officer reasonable opportunity to examine the goods in! V2 A3 N# H0 J$ S$ I
respect of which the claim is made or otherwise verify the reason for the claim; and
' p! G% `/ o% D5 I8 I. h(b) an application for the refund, including such evidence in support of the application as may be( u3 i6 o* v$ V$ n  |$ Q2 `
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the: {+ }8 U5 W5 x( L
prescribed information within
  R2 F- [/ Y' V& e# g3 O) [(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)4 y, W. Q$ r  }9 N
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% I" b9 v5 U0 b* L0 ?(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
- e/ u3 b) H9 q- l  Mwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
6 U) S6 s, h. {; n! R/ Q% E(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
' k! M' a6 S, m0 b  c4 Gthis Act as if it were a re-determination under paragraph 59(1)(a) if6 t  n1 G+ G+ A* ?8 J4 y
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied! a0 U- |$ W; n! {6 A
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
& x) S& ^0 t9 c" F+ Heligible for preferential tariff treatment under a free trade agreement; or
. A; p' s! ]" A4 d2 d# \* m6 Z(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
3 ]3 g% P( I/ C! N9 Q* y5 Z7 r0 Xbecause the origin, tariff classification or value for duty of the goods as claimed in the application is9 I; Q+ K. g, f/ j3 Z% @% C+ R
incorrect.' a+ E( a0 ^/ ]. D
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
; J+ @" m' [6 M8 D(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
3 v& @  W. S3 p& Cother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it8 s2 x3 ]8 M; }! t9 }' k  `
were a re-determination under this Act of origin, tariff classification or value for duty.3 V. N0 Z. |* t+ D! P+ f" c

* G5 D6 P# g" o6 e: Q# T这到底是说可以还是不可以啊?
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