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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
  l  S( N1 [- N5 g上面说 非商业 进口 可以免关税?
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( a5 S2 ^' r& y2 T! L% M7 m' s$ c
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf& L+ q$ e- {! M% Z1 v% c
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Refund Requests
  O, g  @. t9 Q6 q74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
1 M* g9 w: f# [  E: I9 Npaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
) R( w) A& D7 j6 o4 D9 ]) K/ Eof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
3 C5 C5 Z. I* Z# }8 q(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to. [: A" ?8 l9 f5 i6 [/ p6 s
Canada to the time of release;! d+ j# Q3 s: u) `
(b) the quantity released is less than the quantity in respect of which duties were paid;" m" l/ ]2 a# t( {. _, s
(c) they are of a quality inferior to that in respect of which duties were paid;+ e& V" ^4 X& k; T& {4 \
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
" Q- y# L* N$ O; a: Y) l/ @tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the5 z+ X. L* A$ z# }; r9 `; B. p7 [- |
case may be, was made in respect of those goods at the time they were accounted for under  a9 p: E4 @6 k! 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 for7 N$ ~- n7 ~* y) ?, M  Y6 C4 u5 g
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
, S8 N" X' Q( l- t* i4 v6 T' z# ^accounted for under subsection 32(1), (3) or (5);9 \1 |9 |# K# v2 ~$ i
(d) the calculation of duties owing was based on a clerical, typographical or similar error;6 J1 ~, _9 N. @9 ^0 r2 x
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2); o$ f( t3 o1 G0 M9 j# Q
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
* j! ?3 T" A$ K/ B. x9 B+ \% X6 svalue for duty in respect of the goods and the determination has not been the subject of a decision
6 w' r5 T% T" q/ W8 w/ q9 ^under any of sections 59 to 61;& r+ w8 n; {; T) t# ^( {) F  G" C
(f) [not applicable to non-commercial goods];
9 M0 M9 o/ W( o6 R7 m$ r+ j" T(g) the duties were overpaid or paid in error for any reason that may be prescribed.0 n5 _7 D7 N, h. |4 m8 O6 h& y
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
6 X7 N) F. [0 I% W' Qon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
, {% S. x+ y( g# X6 Ithis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
2 L& H. |, H) C  d' _8 ~" `% }, `# Z(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
/ A& }  m: Z- h* O! E$ E  Vunless written notice of the claim and the reason for it is given to an officer within the prescribed time." \6 u/ I9 c* `3 q; c
(3) No refund shall be granted under subsection (1) in respect of a claim unless
4 \! o5 ?. K' f2 F, ](a) the person making the claim affords an officer reasonable opportunity to examine the goods in
, a' b1 t3 I; q% `' w2 \respect of which the claim is made or otherwise verify the reason for the claim; and
) L/ B6 ^$ l) |(b) an application for the refund, including such evidence in support of the application as may be
7 t. |. x6 C7 w, hprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the: V  J9 y$ @+ B% i8 g5 O9 A8 Z, O
prescribed information within$ `1 W% \; A& l+ n+ }% G' D
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
- P" {& V5 `2 P5 Q5 gor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and/ j8 {8 n. U! d/ `
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods+ \: |% S+ E5 {5 J
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.1 Q3 l4 ]- U5 G( ?2 f0 a
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
* [+ T5 d- b# dthis Act as if it were a re-determination under paragraph 59(1)(a) if
. p# `8 ]; i8 g& @2 z6 S0 `(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied& _9 p; R) m# i2 [# J
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
5 k% L2 G( q* j8 e3 v# M# Feligible for preferential tariff treatment under a free trade agreement; or) e7 p" T7 ^7 [) i
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
7 _5 d7 K8 `+ E# {; J- C" y" p5 qbecause the origin, tariff classification or value for duty of the goods as claimed in the application is. ^' _: f0 F- m, }) x: E7 m
incorrect., P/ Z7 ^  t) s1 I) q
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
3 G' G4 _, q) `% z$ i+ w. g6 Z5 M, d(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground  ~/ R3 k% h5 |  A
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
1 m. ?% V# |8 N$ @: Rwere a re-determination under this Act of origin, tariff classification or value for duty.& `# s2 P7 {5 C/ A! E- N% j! [3 n
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