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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
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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
' F+ F+ Z3 N. g& c上面说 非商业 进口 可以免关税?& }( n6 q2 C1 w

- U4 R0 ]) ?* Z5 J# [0 s9 i+ ^2 I4 v+ w( T* X
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
' X$ l; f% K* z74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
, f0 U- y0 l) y! M8 Rpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part1 w8 z" y: n: X. h
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if, {& R( |1 R5 ^) U1 }$ A! i* U; Q
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
9 E2 t1 \- G. X0 jCanada to the time of release;# O* N- s4 S" T3 {' b$ w
(b) the quantity released is less than the quantity in respect of which duties were paid;. T, v) U* d1 K# o1 C' i1 w4 o( b5 ?
(c) they are of a quality inferior to that in respect of which duties were paid;
( C1 e. {; s" i) R+ @. R  U(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential0 g" g, P" G) I' n* S  U) t/ Q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
+ \* E0 Q* E. Zcase may be, was made in respect of those goods at the time they were accounted for under3 S: x' S' Y/ w$ j0 g& |- D
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 for' ^6 ~- \% `! X1 \; e
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
; `0 c9 X6 d5 a1 faccounted for under subsection 32(1), (3) or (5);
- f; g. ^( P4 {(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 M/ d: w+ a; u0 m! Y. ]
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)0 \" V+ n; L# n% A' h9 S
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or" ~6 E1 s) f3 X. B# Q. C
value for duty in respect of the goods and the determination has not been the subject of a decision
7 ^7 r) y# `' ?* z- d: xunder any of sections 59 to 61;4 T% b' [7 i8 P; d- ]: ~8 o
(f) [not applicable to non-commercial goods];. f5 o$ ]- P# e2 Y2 {
(g) the duties were overpaid or paid in error for any reason that may be prescribed.  ^) m* K  L; [% n* d5 s
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
8 C4 ]. E( a# ]4 L! d/ m! y) Mon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
- X' K9 V) x4 {& H& I* ethis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
& q$ p- I8 o; V8 t* C(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim# E2 g) f8 n$ j% Q* d# Z$ j
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.9 d! H$ V6 G9 e$ P
(3) No refund shall be granted under subsection (1) in respect of a claim unless
8 l' b9 G7 ?2 x6 x2 f) S7 h(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
' o7 S+ \$ t5 h0 s; V8 ?, o& z% G/ Qrespect of which the claim is made or otherwise verify the reason for the claim; and$ M0 F% ]* L8 ?
(b) an application for the refund, including such evidence in support of the application as may be
2 z7 a: N1 S3 f' Q( L, _9 n7 gprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 f. g/ K1 D, p% W) }prescribed information within
8 }, p6 Q$ ^5 V! B(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)( c, K5 S! `/ N! P& v" _
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
: o; C- F* r% x$ f7 f3 ?(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods; d, i' y+ [. I# ]
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.4 [& ~* m6 t) u, b6 \
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
8 y- W9 m5 b& V3 j6 M" I4 ythis Act as if it were a re-determination under paragraph 59(1)(a) if
( T: ~, g6 A; Z8 T(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied+ a  o- ^0 F' C* N! @
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not* o' A6 M' q0 s
eligible for preferential tariff treatment under a free trade agreement; or
9 N2 q& j, t* h5 a(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
, Q  t4 ]* M3 ?/ p2 Ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is3 I- S: t% j/ D: s4 @
incorrect.3 S" X" ?; n7 x( \( g. d* {
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),  X! R  u2 `& S! Q$ O4 l
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
( z1 ~- B4 t5 R& O+ B/ r' Kother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it' }6 d; G9 Z" H
were a re-determination under this Act of origin, tariff classification or value for duty.5 Y7 i4 W- J, M
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