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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
9 Y* e2 R% f# w* z* D/ N! a上面说 非商业 进口 可以免关税?& R- i6 [- ]+ h; t

7 |8 T3 I" h) }* B" b4 [& W  A2 W& ]! B8 ?4 I; M

& x; I- }! r9 q  Q! j; Z, lhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf. S) c# e" \  a3 [) {
. ?9 D( m) T, Y! ?+ ]0 F! D/ k% e
3 [  B5 G* [3 Z/ v9 _/ k: R' W
Refund Requests. G6 J: E4 Y- L- k7 H& `
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who) O) ]1 |* E. U+ _" o5 t+ i
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" M' _: {  B! O' {1 l/ V5 D' [of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
# b3 w1 s3 L2 S2 G(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
0 H9 M; g+ c* S  e! cCanada to the time of release;
; b0 j8 z$ c) [* e3 R(b) the quantity released is less than the quantity in respect of which duties were paid;0 i8 s6 T. }. F. ~% v7 K) |" M
(c) they are of a quality inferior to that in respect of which duties were paid;8 r# {' @) a1 B2 d/ Y) c
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential- f9 W' @- E$ L
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
- J4 {4 b. C: T7 Q" K0 R3 C. jcase may be, was made in respect of those goods at the time they were accounted for under0 _6 z, ^, ?' ^& j
subsection 32(1), (3) or (5);3 |; z3 M& j: y
3
6 b; s; \  e  Z' L+ Y/ p(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
" E4 h- \  ~0 U4 R" ppreferential tariff treatment under CIFTA was made in respect of those goods at the time they are7 P  a! C0 O+ U8 }6 `
accounted for under subsection 32(1), (3) or (5);; T% V, Q, J; z
(d) the calculation of duties owing was based on a clerical, typographical or similar error;8 l% x) W+ ]. J( P7 t
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)1 u% k% d' J0 d
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or2 f  }/ Z0 R  Y& K9 U/ c' k0 n# ]
value for duty in respect of the goods and the determination has not been the subject of a decision& D9 k% w: K+ b4 y& Z
under any of sections 59 to 61;
) f; f% _5 `" B) {/ ^1 L* r0 b(f) [not applicable to non-commercial goods];$ n: M- S( ^* ~1 V
(g) the duties were overpaid or paid in error for any reason that may be prescribed.$ {, P& K1 w7 }7 v5 n
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based* S! H( r* ~8 F- g9 E
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of# o' B  n& h# B# g$ ^
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
* _( n: ~! k, y(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim8 w8 z% C( v9 J0 n
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
1 E, q( K1 N9 p6 ^. n- q! O; A(3) No refund shall be granted under subsection (1) in respect of a claim unless
$ L) J3 a; q. {$ s: J(a) the person making the claim affords an officer reasonable opportunity to examine the goods in$ D- k# ]5 O% [! H* O
respect of which the claim is made or otherwise verify the reason for the claim; and
% f5 S: T3 H) ~( P3 m(b) an application for the refund, including such evidence in support of the application as may be
. ^' X: r8 q; v4 }prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the( b% M5 c4 Q! p% e
prescribed information within3 }& f+ {# W: s! _6 C; ?% R
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)* u3 Q2 M7 ~0 d" r1 V; W' N/ @/ o
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
$ r4 G1 s3 p, ^3 K3 F(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 g4 B/ D0 ~& U* X0 V
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
' \) b1 X! ~6 I! ~$ F(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of4 N; k% u; \$ g! K! R8 p8 g
this Act as if it were a re-determination under paragraph 59(1)(a) if
  q0 \, w" h  c8 l, G2 @- E" X1 b8 D(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
3 r, O. N& \- I9 dbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not6 e6 _- A' v0 L$ O5 y2 @
eligible for preferential tariff treatment under a free trade agreement; or2 `/ ?7 |/ N6 ^. ^0 d
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied# H& g' Z; {6 e$ L. }* N% J
because the origin, tariff classification or value for duty of the goods as claimed in the application is- K) y6 g% N+ h1 f) K; K7 h
incorrect.2 w2 P; M: V7 K
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
- U$ @- R  E+ m6 Q  b(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground- B3 C# M4 j  F; z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it7 N; P4 ?0 b" ^( X: F4 M8 h
were a re-determination under this Act of origin, tariff classification or value for duty.  T; z  [% T3 q6 T

8 r+ d5 [! b6 x$ y1 S/ d; j. E* S这到底是说可以还是不可以啊?
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