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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% D, u8 M* U- _: d7 W! F( E9 |- J
上面说 非商业 进口 可以免关税?. r) [* x% h  X# o3 j

4 u1 n$ a/ |$ _& w5 U9 E0 e/ x+ }4 y
, @0 R& f3 R/ d2 X# ?' R5 R
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
6 h) @' V. X8 f  R- }2 z; `74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! ?: f1 L8 |2 W; spaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
* I( L7 t3 V; Q: a9 Iof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
4 u; @* T* F2 s: R) _& x- |(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to; e0 G" z" C* \3 A$ `0 B0 p
Canada to the time of release;
8 o; k6 ~5 @. m( V: ]% C( o(b) the quantity released is less than the quantity in respect of which duties were paid;
$ q$ x5 _% S$ W. b1 X3 r(c) they are of a quality inferior to that in respect of which duties were paid;
, ~8 w3 @5 I* Q9 a% f# ]% z4 l+ p(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential9 e: G# _: ]$ d0 w+ T
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
- B" z( p: O7 Pcase may be, was made in respect of those goods at the time they were accounted for under9 F- m0 ]- T* ~" C. o' p
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 for
( L2 s/ D! C! o2 S" b# E; Xpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 I3 l" }# ?1 v0 r5 n, Z0 u
accounted for under subsection 32(1), (3) or (5);( c$ I" H  a+ T" {9 n2 B
(d) the calculation of duties owing was based on a clerical, typographical or similar error;# n2 s$ c; f# z. v3 g7 X3 l
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)" a4 q9 D! b5 R
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
9 F+ k, e6 V. i  Z6 svalue for duty in respect of the goods and the determination has not been the subject of a decision
. K( {. v+ p2 m9 N8 c2 K2 Kunder any of sections 59 to 61;' l9 X' I% n# `4 x2 E  ]
(f) [not applicable to non-commercial goods];. E' A$ {# a+ ~
(g) the duties were overpaid or paid in error for any reason that may be prescribed., |) t- g9 c- \
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 Y( b1 I- l1 `4 I2 I7 U5 Eon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
' Q2 l# X* y6 }7 i' Z4 z* g4 xthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
+ P6 N1 W1 m" m# g(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
( M/ `- M/ _9 z# B) R8 Aunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
# i1 b2 ]" \, O" b9 T: B0 s(3) No refund shall be granted under subsection (1) in respect of a claim unless, y# d" O/ K4 F9 x$ E
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( M% w# `1 l6 l- F, e- ^3 H9 X1 c  Qrespect of which the claim is made or otherwise verify the reason for the claim; and
& C& b" m+ V0 T, q(b) an application for the refund, including such evidence in support of the application as may be
6 w9 Q+ J$ h  x$ Y% X- Nprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the! Q6 s+ g) S/ d
prescribed information within
6 q0 X" _! p: T! E(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
+ C) T+ [; Y# g* Uor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) b' q# ]# q0 i. W/ {/ [4 I(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods: [6 u/ M6 D9 H) `1 \3 n% w
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
- v5 z4 q8 ?( g9 W# M1 H, Q(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of5 g( R5 u. ?4 s$ k4 M9 I
this Act as if it were a re-determination under paragraph 59(1)(a) if
# T  u( W+ C; s, e9 U% U(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
& p/ K# ~  S0 b7 `3 U8 G% abecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not  H# L) ]( a$ {
eligible for preferential tariff treatment under a free trade agreement; or
. i8 f5 K4 _: I* i, Q7 j! ~8 n(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied7 n" |' u+ d! ]& Y5 o2 ?
because the origin, tariff classification or value for duty of the goods as claimed in the application is
- l2 d5 N8 m2 Jincorrect.
+ x- g. u, k8 X$ ]( A(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),/ g4 p3 R* U2 `* F, t
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground  E0 V9 N! Y* K- n5 P, i% v; c
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it* n$ u; c' i' X
were a re-determination under this Act of origin, tariff classification or value for duty.
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9 T4 j% v, r( W这到底是说可以还是不可以啊?
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