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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 Importations7 {* i' r" T" y/ n: Q& @
上面说 非商业 进口 可以免关税?
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  F, U: G9 h( @7 R# Thttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf+ }# t6 U0 a6 \
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Refund Requests' }1 {2 Q- Q3 R2 }
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who8 K# ^7 v( `& F* t" }% C- ?
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part! ~) S% o  s& `3 C) N
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if: H6 ~) ?* ^3 A% p
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ C/ U. z" V3 ^/ `
Canada to the time of release;8 c0 J$ x  z7 u: J: A7 c
(b) the quantity released is less than the quantity in respect of which duties were paid;' a* ~$ m- A$ K/ p; `3 _, ^
(c) they are of a quality inferior to that in respect of which duties were paid;
: H2 j' Y2 I. a(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential  ?4 W. x: I" D: a" Z3 f9 D+ p
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the- x( e6 B+ F- R0 S, S
case may be, was made in respect of those goods at the time they were accounted for under+ g- X5 ?, ?$ t0 \7 Z! c! [* ?
subsection 32(1), (3) or (5);
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& Z; j1 ^! r8 W; p# o+ i(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for. `% |  g. J5 }8 y/ t4 P* \* t
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are8 l) |& m& V0 W6 t9 V2 \
accounted for under subsection 32(1), (3) or (5);
- h/ Z1 O' Y* D* |8 v* h(d) the calculation of duties owing was based on a clerical, typographical or similar error;' g: ?3 X, |7 i' r& @4 v/ T- b
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
8 J! C% K& S% N. Q: X+ j/ e+ ]0 hof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or" u% y4 j" Q3 l  i" g
value for duty in respect of the goods and the determination has not been the subject of a decision
& a/ x8 O# K1 t, _% Junder any of sections 59 to 61;' |" K1 I5 O: L' R4 A) R" j
(f) [not applicable to non-commercial goods];7 b% s3 i1 [5 N" p9 F- r3 J* J
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
/ g/ C4 X- A& ~) K8 b0 z6 X(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based; _$ d2 e2 n0 V8 j- J- p6 K
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
2 J3 F4 J0 R2 h; |0 x5 i1 c7 b' _this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).# J; v) C# a1 r: R; ]2 y
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim2 V: s. P* X  o4 K+ f/ x- e
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
5 }( W( b) `, x0 Y: m+ {+ R(3) No refund shall be granted under subsection (1) in respect of a claim unless  |5 j# |8 m, V  m- k* r
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in- [! s' F4 Y0 a
respect of which the claim is made or otherwise verify the reason for the claim; and
3 j8 D4 J+ k+ R, }' q3 ~6 E' w0 i; M" R(b) an application for the refund, including such evidence in support of the application as may be/ l% ]) `9 G! T, g" A) h
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
7 ~! a! z/ i+ `. e, Uprescribed information within& _1 R+ u) a1 A  A' e
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)* p! N& \9 G. X5 q. h8 S8 O
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
6 [: F% E( @3 O, I2 l' ^& P(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods0 C3 s0 y( W1 Y" q: O! o0 ]+ N
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.* U: u# w, E  d4 J
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
4 F# G1 a6 A& {1 l( ]- K. Gthis Act as if it were a re-determination under paragraph 59(1)(a) if0 l0 a; |& I8 n2 k# v/ c' O! t
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied$ @7 d8 B+ P, G8 o
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not6 n2 Z8 F1 u2 Y& @( v7 r4 |7 c- `
eligible for preferential tariff treatment under a free trade agreement; or1 U) e) z2 k; r8 u+ b# b& L5 P
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied8 x8 R( K7 S0 [/ ?6 I
because the origin, tariff classification or value for duty of the goods as claimed in the application is
( u5 \. y1 s" B' a& J* D* b6 cincorrect.: C% D# W% V' m0 J" n6 R
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
( {( |9 m" d; y3 S; Z6 y(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
* X2 {+ J" }1 wother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
& D+ {* r# t+ Y. l! d, ]+ H! owere a re-determination under this Act of origin, tariff classification or value for duty.( ~/ O, P) [( e% N" Z5 f
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