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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
* ^3 j) d$ \% b5 E  A$ }( ~上面说 非商业 进口 可以免关税?
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; U7 g, r% D' l8 h; O; _3 d' D# L& _
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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/ \/ R, I8 b& K2 ~4 \1 y) N  \! }! G' @0 G; u2 i$ F  X" X
Refund Requests5 Z- p4 R" m. l+ t8 E3 ~
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who# D, \3 Y9 v  _3 e) [4 H1 l/ @8 W
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
8 r- a" n# I3 g3 l) t' Sof those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 ?0 ~; ]/ w5 s+ t! ]3 x$ L
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
, `' f4 O% O6 N1 z) gCanada to the time of release;
' [) U5 l# P" z(b) the quantity released is less than the quantity in respect of which duties were paid;  l4 H( Y+ E2 C2 e" A6 I% X
(c) they are of a quality inferior to that in respect of which duties were paid;
2 P; j* L% d0 f# `- ~" p, k: ^1 z(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential2 N5 S) F' ^9 z
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
$ Q1 y+ D: C8 n( {8 m* f2 Ecase may be, was made in respect of those goods at the time they were accounted for under6 d% b( f/ f" ^+ W2 @5 [
subsection 32(1), (3) or (5);, }# P, n9 p3 ^1 K. s
3
  h7 s+ A) M  S(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for9 d  Z4 b# ?9 `! Q1 b
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
6 M) v/ C: H  Y& d4 v( P. f* ?( j) Maccounted for under subsection 32(1), (3) or (5);
2 P! I3 d7 g1 |' l. U6 i3 w  k) n, h8 v(d) the calculation of duties owing was based on a clerical, typographical or similar error;
) o+ l6 `( @( H4 o3 U5 V(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 l% {" z) g, X1 G
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or7 Z2 y# N+ Y8 t2 r
value for duty in respect of the goods and the determination has not been the subject of a decision/ ?8 ^+ e" I8 S& s+ ]) s
under any of sections 59 to 61;
" ?# K* S' ?, \# v7 h, g(f) [not applicable to non-commercial goods];1 [/ ]* J& u& [) L% J3 O3 ?* ?
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# Q7 O4 _5 Y/ x6 c3 g(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
" L! Y: H/ s$ n, |# E5 g% @$ R! Gon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
' s3 j$ N# ^: w0 @  J* j$ g  Ythis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).3 ]$ ^4 a& b* g: k5 F
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim  e/ q/ K9 l4 F9 g# }6 h0 s2 W, y7 _6 ]
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 n+ d$ f  x% D/ g# m# i(3) No refund shall be granted under subsection (1) in respect of a claim unless
% M4 Z2 q: ]" Q/ C" ~7 y; s(a) the person making the claim affords an officer reasonable opportunity to examine the goods in& u5 s0 t2 X" W% z  u2 q
respect of which the claim is made or otherwise verify the reason for the claim; and* ~: z- ^: m( p8 F: v- s& Q
(b) an application for the refund, including such evidence in support of the application as may be
2 O* c7 Z* S. g1 h$ @prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the# n& ~0 y) N; j/ L$ @0 c
prescribed information within4 [+ x. h8 \$ e  H, L3 l1 Y& N4 y
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)& {! j6 m  a. M# G# c7 p
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
, r) Q, G2 d6 @(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* P. o- A3 Y5 D7 h
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) I0 e" [' Y. W8 p
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! V/ D" h* }7 @' ^* v# e- o7 a
this Act as if it were a re-determination under paragraph 59(1)(a) if& G" Z' ~$ m6 m
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
0 q* q8 v  Z. Ybecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
7 o3 K: h& ]' D& jeligible for preferential tariff treatment under a free trade agreement; or' j0 Z0 @+ r, _. E6 L0 o
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ `' t  Y  P. J$ f" N! B% {- sbecause the origin, tariff classification or value for duty of the goods as claimed in the application is, V0 y; K2 y2 @# B. i6 }/ T4 j
incorrect.
/ j& [! J* Z9 U, u(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),/ U/ S5 P9 E) R. w
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground/ ?& @' w! V" j: C& M
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it/ w6 S. Z* ~& a
were a re-determination under this Act of origin, tariff classification or value for duty.8 J1 c- k. L. D" o8 n0 F. g

  D! `2 C; j: a( w% x4 x这到底是说可以还是不可以啊?
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