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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
. Y! y. O, X- I' F上面说 非商业 进口 可以免关税?2 g5 @- q2 L) q) r% |6 V/ t1 a, {7 ^. g
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8 \4 a3 F* q5 {3 v0 I6 U9 R) W  Jhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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  q6 D7 O& F* a1 m3 `8 a$ {$ k4 ^1 R9 x% ~0 }7 F& r
Refund Requests% N7 ^) f9 F% [0 n' t+ B  G1 Q
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
8 w) N, I* W2 ^; y9 t! v1 ypaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part2 f3 I0 k4 j& @! q* g1 g" r5 j, i
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if( U* y. ~4 |! `+ b5 _% T7 N
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to0 W- i+ e" }. C" I- h% X- |
Canada to the time of release;
+ V. P! Y7 o! _, V: t& j(b) the quantity released is less than the quantity in respect of which duties were paid;8 Q  t' m2 d( X# ?  T# x' `
(c) they are of a quality inferior to that in respect of which duties were paid;8 ?1 S; I. e' ^, E5 j) A8 W! H
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 i: s9 g/ T2 }tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
/ G  I- X- h: E6 U3 kcase may be, was made in respect of those goods at the time they were accounted for under
% J1 i8 J" @2 c  ]& m$ ?subsection 32(1), (3) or (5);
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6 `! ?9 o) {% d(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for$ Y7 D0 {1 ~! \3 \2 ^
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
' F, H7 H: F" n  d/ Faccounted for under subsection 32(1), (3) or (5);/ \, b$ l5 f/ {7 P2 U# ~& T$ l9 V
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
5 r1 x0 g+ V0 {$ s" s" g+ Q  Z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 ?0 z' G6 H; z5 P! [/ j6 n
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or* x$ G6 R4 f" Z/ u2 Z* ~
value for duty in respect of the goods and the determination has not been the subject of a decision2 ?* q3 [' d8 V; f( P; W& O
under any of sections 59 to 61;: g4 V4 C. f) v1 q
(f) [not applicable to non-commercial goods];
6 H9 f+ x, L( @! U+ E(g) the duties were overpaid or paid in error for any reason that may be prescribed.
' R5 V( J5 S1 K- f0 Y! q(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 y3 \" s1 Y. N, E: G, x+ Oon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
" c/ D/ X7 k0 X. B1 `  {1 L* Cthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
3 z6 @# Y4 S' {. D$ F(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
' _% f  z- [- _4 dunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
3 J- N: l8 {$ w(3) No refund shall be granted under subsection (1) in respect of a claim unless
9 t# e& Z! U* x, x$ L(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
- i  ~% R6 _4 P6 T" _  erespect of which the claim is made or otherwise verify the reason for the claim; and9 J7 d1 I5 d4 m4 \' k6 p: b
(b) an application for the refund, including such evidence in support of the application as may be2 ], N0 r6 U* l9 K: |8 r* Z  Z
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
, J( Y, B0 I2 y1 H" B! K8 v3 s4 O) Mprescribed information within
& N- y, R8 x% o) e  \5 h(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
" R' q' ^5 s5 V" T8 F' m8 Z/ P9 yor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and. A! x& f1 w3 A
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods2 h+ J6 y7 e" U* N# Z6 F
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
' Z6 F0 f$ I. s. B; V8 h(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of8 Z# T7 f, B2 X. X# ~
this Act as if it were a re-determination under paragraph 59(1)(a) if8 J/ f) d: x. L2 g) d5 |0 s+ z$ k3 t  G
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied1 E8 s. ~5 e; d
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not6 c! H9 \( S5 E. _
eligible for preferential tariff treatment under a free trade agreement; or& L; |+ T6 D( n0 ?. o9 X
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
$ l9 `) N  U5 b, e( k) Wbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
! |5 _4 h' W2 @7 N3 Tincorrect.4 J( |7 A" ~  h% z5 P, _) t! ?
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),4 e; ^2 ~+ J9 t! W4 s
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
7 p0 i9 X& C& i" W) Qother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
: c+ X6 B  d- K  A1 U& u1 ywere a re-determination under this Act of origin, tariff classification or value for duty.
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