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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 Importations
! l# G' b* W- |9 l3 k上面说 非商业 进口 可以免关税?' }& U# r0 g) k! O& X! t. N& E2 x7 j$ p

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% ]' F& a9 ]1 k7 T9 p* _; @+ g& nhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
& p6 p* O! N# D, i. Y' q+ @4 O. Q, _* n7 n2 a  D

& A2 `9 u2 i/ e3 fRefund Requests" ]1 e9 i! e# [) l' s2 c0 v$ M6 z
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who7 W4 Q+ Q  Q' {7 k5 _
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
9 z. P4 y, e* u$ Z- z, b# \of those duties, and the Minister may grant to that person a refund of all or part of those duties, if6 l/ `* {: U: T; n, C
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
' y8 k) M6 C1 i. u6 ?2 V/ tCanada to the time of release;7 l& O, ~, _' v- Q+ T: D$ X
(b) the quantity released is less than the quantity in respect of which duties were paid;% x9 R$ ]$ i( l, P4 Q) q  M
(c) they are of a quality inferior to that in respect of which duties were paid;
& j1 V' G  ^. j) f( J(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
- x  N- ~+ P: }7 L- \- Utariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
; L7 G; I6 P5 z6 Ncase may be, was made in respect of those goods at the time they were accounted for under
3 I& z/ F+ ~; }) a3 D- c; Osubsection 32(1), (3) or (5);
+ L4 T& K4 M5 ?% Z) h# ^3  x5 Y& ~+ B: l1 t6 L9 p, V  h
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
, o! C4 _. j7 E7 O6 F. c& N5 Epreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
/ v7 q/ n! e% C! {accounted for under subsection 32(1), (3) or (5);+ M6 e9 ]" h5 x+ B7 `
(d) the calculation of duties owing was based on a clerical, typographical or similar error;  \3 C# H/ W8 U$ F" R
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
3 T7 g8 X7 Z- J+ wof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or4 \3 {/ j+ D5 M* \- C0 R# k
value for duty in respect of the goods and the determination has not been the subject of a decision, Q4 V1 z) y8 t, I" q/ C
under any of sections 59 to 61;
, Y: \' a- b. u- _8 B(f) [not applicable to non-commercial goods];
  H, I# V( B( _' {1 Y(g) the duties were overpaid or paid in error for any reason that may be prescribed.& g' M0 V) r+ E1 D/ I
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
$ r% k) |  i% ~2 q1 t8 u: \% Non tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
3 C* y- c5 D1 O2 c2 }this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
- J( k3 V* Z( L! E$ h' c+ v4 d(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim5 |' G6 F2 H' G7 c
unless written notice of the claim and the reason for it is given to an officer within the prescribed time., B3 q5 i* ?& Z" B0 T4 ^
(3) No refund shall be granted under subsection (1) in respect of a claim unless
8 y# V9 b& |: C$ [' Z; q* Z(a) the person making the claim affords an officer reasonable opportunity to examine the goods in( S5 i8 I' U* x+ u  u
respect of which the claim is made or otherwise verify the reason for the claim; and
' B" M/ x. B5 I- H' [(b) an application for the refund, including such evidence in support of the application as may be
/ n; V; U8 [, s8 j& W( Q; e2 }prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the% `& z; G. ~! {
prescribed information within
* M. u7 ~' F  Y: q0 ^(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
" _. ^& c2 {9 s- P! S5 f- @* vor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and) N) B: g1 ^1 I. ^9 u
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
" a1 u8 I4 a, m7 S7 k4 fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
+ s/ y5 F1 d8 A) G0 d0 }(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
% h+ a" I- }7 b) Y6 H! ^# fthis Act as if it were a re-determination under paragraph 59(1)(a) if
) P( W5 o8 ?  Q' o(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
4 N2 Q2 \. Z9 [because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
! H9 q$ [4 W# v! s  [* d7 {eligible for preferential tariff treatment under a free trade agreement; or
- I" y5 N( \3 q8 _! D8 C(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied  C" _  i- ^* T$ u6 j
because the origin, tariff classification or value for duty of the goods as claimed in the application is
: V& a5 c' q" Y) C6 yincorrect.
7 t- t) X3 L: ](5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, F8 F8 F% a* z1 [5 k
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground1 P) j" R' ?) t
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it# A9 h$ a: o+ I5 t5 N. W1 f8 S8 O& s
were a re-determination under this Act of origin, tariff classification or value for duty.* A+ M5 P& a* x# d" b# J7 F& H

9 J; H- Y  [4 s! N3 I这到底是说可以还是不可以啊?
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