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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
* t7 Y+ x* ?7 R* i上面说 非商业 进口 可以免关税?
. s4 P9 M7 r! r' Q( ?2 `) Z; ~$ x2 K8 g; d! |) v
8 ?8 `. d+ |' N" J( \3 I
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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; E9 n  o7 `3 xRefund Requests. e' q/ }4 H/ Y0 f/ |) g
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
6 o) r+ f% f" V# q: A5 ypaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
* A3 T& z" _& X8 `3 Y# ^3 Cof those duties, and the Minister may grant to that person a refund of all or part of those duties, if5 R5 o% C# J- J+ l  E
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to* T* t+ v% }6 Q
Canada to the time of release;: U/ U: H# p) L5 Y- W7 B) X
(b) the quantity released is less than the quantity in respect of which duties were paid;
. x2 S; D+ ]8 K% J0 m(c) they are of a quality inferior to that in respect of which duties were paid;
7 z, {- V6 D+ @4 X4 O2 X(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
- E, J- K* u" D0 h9 y/ [tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
" r$ W  i- A+ G3 fcase may be, was made in respect of those goods at the time they were accounted for under
& V# b3 M4 E4 y! d3 e' hsubsection 32(1), (3) or (5);
. `5 m8 q% D( ^+ \. r! s8 h34 V8 ^- X7 i+ v' u" D" `$ b8 O6 P4 x2 q
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for( H: i/ K# L1 j& B, _
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are6 B! {, N+ s; U* O5 q
accounted for under subsection 32(1), (3) or (5);
# E" I& \$ ~0 H, X) r* a* B(d) the calculation of duties owing was based on a clerical, typographical or similar error;: f, o; h4 T5 G, R) ?6 F* I% o  w" c
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
0 x+ a+ i; j2 f, K5 Tof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
( v- `6 g9 t# N0 Kvalue for duty in respect of the goods and the determination has not been the subject of a decision) E7 ^- B3 L* ]2 d$ y% `
under any of sections 59 to 61;
; d; s$ i. j# t. N7 _(f) [not applicable to non-commercial goods];, K+ |3 k/ @  B: w! J4 u
(g) the duties were overpaid or paid in error for any reason that may be prescribed.9 o( k: A( D" k6 G
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based0 ]! Z( f' I# l6 n
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of7 ]6 h5 @, S/ V# e, z; G
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
3 u- @/ C% h6 ~  |4 ~. Y(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
4 w1 V4 o, {* x0 d. W% ^/ eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.3 M+ S. k5 V1 r+ r, }
(3) No refund shall be granted under subsection (1) in respect of a claim unless
( b# ]& G/ K/ {: w6 C# g(a) the person making the claim affords an officer reasonable opportunity to examine the goods in% F, C1 z6 Q& b0 w- U8 m
respect of which the claim is made or otherwise verify the reason for the claim; and
  |! s  n  M" X  |7 f5 d(b) an application for the refund, including such evidence in support of the application as may be6 v0 V$ @) s$ ~8 ?. Y
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
( s4 L: w7 U7 U6 A( E0 Sprescribed information within
1 ~3 E1 P: d4 x+ V+ ?8 U2 u(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)2 p4 e# y7 q- n# [- P
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and* `8 }# d9 D* P  b+ u; |( O" D5 H0 h
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; v  h. I- O# J0 \/ L8 g* b  awere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
; v' d) V4 ^: E/ p. ](4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
4 z& M# ^' R# ?7 E6 m5 G- hthis Act as if it were a re-determination under paragraph 59(1)(a) if
) y* C) P' T3 y' s(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied* [: I* F* K3 a
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
' T% U9 V, z) v. O; eeligible for preferential tariff treatment under a free trade agreement; or
3 J& k+ T/ F+ V* s7 y2 `(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
3 G1 U* f4 X2 S4 |5 o+ Jbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
8 {! ~! Q" |7 ]$ p; aincorrect.
# q; T! M9 a/ i(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),2 a3 K% ]  U/ G$ A
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
# T; w0 b1 a7 @! C2 S/ r( n5 m( |5 Dother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it, M9 L; z" h% L$ ]8 k; H, R0 s
were a re-determination under this Act of origin, tariff classification or value for duty." m* h4 }7 K0 O' p1 ~# D& Y" }

4 b2 m8 f8 y; o这到底是说可以还是不可以啊?
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