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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
4 l  \- `7 u1 ~上面说 非商业 进口 可以免关税?/ f: a1 ?7 I1 I2 z, [3 s8 K; c

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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf( J& u. V6 [* s
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Refund Requests
! m0 Z. E# ^0 I+ ~74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
# A, Q  M7 A; Y- g4 `paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
  C6 j+ W) V7 ]4 A* D& cof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
) b% s' \9 F! m/ E3 c(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
6 L& G5 [9 r4 _# Z% NCanada to the time of release;0 m, ~; m& _% D; T+ O7 H9 C
(b) the quantity released is less than the quantity in respect of which duties were paid;$ a' \* G  O: g: _/ A5 J4 g4 L
(c) they are of a quality inferior to that in respect of which duties were paid;4 U+ B* a7 u+ [! W
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential0 L9 F$ ]/ R$ N# l  z
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
1 a  y' t: b1 }2 ~+ R& scase may be, was made in respect of those goods at the time they were accounted for under+ y9 d1 m( f, k  T
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 for4 G. f% J& E" O6 @9 ]3 |
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
7 U8 a8 ?% @' Zaccounted for under subsection 32(1), (3) or (5);
8 x& X0 P3 E4 Q% M% `: [! ](d) the calculation of duties owing was based on a clerical, typographical or similar error;
; b" T0 J. S) R4 Z6 j  U. X% r& }9 w(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)& G9 k) G0 S! W; L
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' E; x4 c( a. l! Z$ I$ I- T* r8 Lvalue for duty in respect of the goods and the determination has not been the subject of a decision
( V4 t8 K  B2 `under any of sections 59 to 61;
% B! T0 s" z) V6 W(f) [not applicable to non-commercial goods];! n/ G( c' m2 p9 n1 m& n) I
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
) @0 I1 l& g2 H5 @/ Z6 Y/ F(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based7 L8 p9 h& Q. g+ ]) o# B
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of) A$ R* i( A; ?  P" x; l# B
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).3 B, d  u8 Y! o
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
0 P$ C& _; E7 m. C7 N% ?- Iunless written notice of the claim and the reason for it is given to an officer within the prescribed time.' i$ z7 {3 V/ z2 j$ Y+ Z
(3) No refund shall be granted under subsection (1) in respect of a claim unless9 L/ }; ^/ K6 C6 w! s
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in4 m7 N2 m1 r1 }  g5 V6 y' j
respect of which the claim is made or otherwise verify the reason for the claim; and- x5 g* Y, J8 }- v( i+ ?
(b) an application for the refund, including such evidence in support of the application as may be) ~, Q5 W$ S; d7 Q" q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the1 ]7 \3 k7 x% e  p
prescribed information within
. _: {' d% J3 V' \  j/ i0 @7 t(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
! z, l0 ]5 T# x( ^; D  bor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
7 G7 ]( a$ r+ u3 e) K  J(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
6 p* b% z: n) owere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
" J+ K: o* N8 y" m/ q" p+ L(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of" H9 x. ?/ L' \5 D! s! }  k
this Act as if it were a re-determination under paragraph 59(1)(a) if% Y. C+ D8 X+ \" v& [3 p/ }
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
$ x9 ~4 c6 Y4 ?: lbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not  q: f) f5 m+ p$ z
eligible for preferential tariff treatment under a free trade agreement; or
: e4 M& F" _; O: ~# s( M(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied! Z  F& o3 O0 n
because the origin, tariff classification or value for duty of the goods as claimed in the application is  v- X. Q; t" O5 X' T9 S
incorrect.0 D' j  y1 I9 O
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
, l, k6 F% p, g9 V/ v& B(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
2 \4 z& r( E/ @other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
  A3 C8 v- N7 r9 [& `were a re-determination under this Act of origin, tariff classification or value for duty.% H( k1 [# G4 G& H" K% C% z
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