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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
7 ~' Z0 N* d8 u3 X上面说 非商业 进口 可以免关税?6 H) n6 H6 g; s$ s$ h- S9 Q- p
' Y- T, g4 x3 l& V- R& y
/ o# B$ T" h: b# ]5 U
* y/ z4 v; x- u+ k! s
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
* F8 X! X3 i5 I6 u* b4 U. t/ q) C$ \* j0 x3 c0 i# u; |" W5 n. h
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Refund Requests
2 v5 l9 P8 k9 ^* |. C+ @: W3 @8 R74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who" z- u% ~; a$ v; e
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
7 {$ l* W$ o+ x# wof those duties, and the Minister may grant to that person a refund of all or part of those duties, if  y" H$ a2 x. _# K/ [0 R5 M  M
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to3 |. l/ A: M6 G2 ^1 W( k
Canada to the time of release;7 V+ L( f, H& i, g6 O7 q
(b) the quantity released is less than the quantity in respect of which duties were paid;
) E2 }* t5 K+ E- y(c) they are of a quality inferior to that in respect of which duties were paid;7 X' Q  u1 o& d6 h1 K9 v" w1 Y
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
+ N1 a8 E6 U2 @% f/ ^% p$ ^0 V- Ctariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
8 L" |3 ^  Y' B$ C9 icase may be, was made in respect of those goods at the time they were accounted for under
3 p& o$ B1 m- r. {; W/ jsubsection 32(1), (3) or (5);
+ `" N; Y' p# o9 G$ `0 m+ {' f0 L( ~/ n& @3
0 T& v1 M6 O8 m6 ]- F( c+ {8 m% o(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for: @$ L2 o6 Y, b: e- X+ ?! @" Z
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 @% L6 ~6 j( G3 B, V' s
accounted for under subsection 32(1), (3) or (5);
/ _( g, o3 b8 m) V+ P(d) the calculation of duties owing was based on a clerical, typographical or similar error;+ ~7 r& Z* l, V1 y. {: o! S0 W! k
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
2 V. j( Q# ^6 w# ?of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or# F: z) Y- q6 t* u& W3 s! y
value for duty in respect of the goods and the determination has not been the subject of a decision
! V8 P4 ?( _  i* Y: Vunder any of sections 59 to 61;
1 G- X) Z) P0 t: Y* N6 y8 ^) o(f) [not applicable to non-commercial goods];
# t2 w4 {. ?  u3 v0 J(g) the duties were overpaid or paid in error for any reason that may be prescribed., [* Q  c4 t0 [. q6 n
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
( I9 s: d' `+ \) D' |) q1 B( don tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of, x$ w- [+ q+ F0 z
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).7 }) E) W* V+ y, n  x, \/ T
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim4 v9 L6 o# a/ ]& E5 p* q
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.3 e; e- C) s  Z* x; n
(3) No refund shall be granted under subsection (1) in respect of a claim unless
) x& h9 u; e6 m: N(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
. ?: }7 i6 l: R; qrespect of which the claim is made or otherwise verify the reason for the claim; and& ^/ ?: _8 e/ f, b7 [2 s8 Q& k
(b) an application for the refund, including such evidence in support of the application as may be9 p4 A3 T5 r: |9 k. W
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the) s2 H4 `3 Q; ]4 v4 \# M- g
prescribed information within
! X! p2 T6 M/ X8 v- e9 |(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
/ [1 H/ }& |& m& E( F! B  j7 eor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and6 \# @5 r, l% I2 ]2 |* ^5 r3 h
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
- p. p# ?. r2 G/ Q! n; O# zwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.  m3 N" H9 K& [" V
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
3 }; U5 X1 r6 E0 h4 `this Act as if it were a re-determination under paragraph 59(1)(a) if% g5 Q+ W6 K5 V& @
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied4 S# n* A/ w7 N6 u
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not% t/ B* p4 |* T3 j+ F
eligible for preferential tariff treatment under a free trade agreement; or; a/ ?( `- ^) E" E
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied2 @8 }, f* m! t/ L% T
because the origin, tariff classification or value for duty of the goods as claimed in the application is
) z* z$ c% Y' D" y: n' F7 G9 p6 {" Wincorrect.
! S5 }# _/ Q# e(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
9 y* F, J7 w" a4 [% W+ O# B. b(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
! E9 F" ?+ m  Y$ ]# y. m, q& A4 h! aother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
! e% r# h5 X1 C+ c, w) P7 Qwere a re-determination under this Act of origin, tariff classification or value for duty.
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( ]: R6 e& z' e; z8 M! n这到底是说可以还是不可以啊?
理袁律师事务所
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