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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
  `" A: x$ p; {- y7 h上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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2 s7 B2 |" T. y. j' D/ SRefund Requests8 q+ C: R/ }5 F, u4 E4 C* Y8 q
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who: D5 H. Z: G# E1 ?) s
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part' s- z3 a" a2 M" L+ _
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if4 c' r% E% B7 d; }/ T5 v' G/ w
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to! [4 O3 c: Y, L0 F
Canada to the time of release;
0 x" A9 N3 K8 H% W(b) the quantity released is less than the quantity in respect of which duties were paid;* Y) J. \" V% C+ s# J) Q/ `" L& k
(c) they are of a quality inferior to that in respect of which duties were paid;
. F7 o. k" J7 Z  n3 r9 L(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential4 k5 M+ P* u( i# j- Q( X
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the5 |9 H( p- B8 s$ ^  z, C
case may be, was made in respect of those goods at the time they were accounted for under
5 W1 R* P$ n& Lsubsection 32(1), (3) or (5);/ K, Z- W; r5 d: o
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
1 p$ J- A$ f2 w/ q' B: N. }# Gpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are% [* F' y- x3 o9 L# X% q
accounted for under subsection 32(1), (3) or (5);" {5 ~* p1 o3 ]; L" F& ^4 J1 L( u, s5 ~
(d) the calculation of duties owing was based on a clerical, typographical or similar error;, E' _3 I  O4 S5 B* Y* l7 A
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
$ G$ h9 [) W# m9 m" lof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
" A6 M. N# c: d" W9 |- ^& Gvalue for duty in respect of the goods and the determination has not been the subject of a decision
1 z$ @! X2 H$ ~3 F+ sunder any of sections 59 to 61;: N8 P. N& \1 J( V
(f) [not applicable to non-commercial goods];
( }: i9 ?& B4 n. m5 O: t; e6 e(g) the duties were overpaid or paid in error for any reason that may be prescribed.
9 b1 Y- C" d  p9 H# m5 r: S$ q(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based, W$ g: L: q5 y' j+ `3 d. |
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
7 L, ~, V' S9 }4 D6 |  V, `this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).' P  [) V( B+ m7 e' P+ d
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
& I7 G$ X9 ?3 ?1 f) C& Eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.* m" j* s" m2 n8 S: y
(3) No refund shall be granted under subsection (1) in respect of a claim unless
0 q6 w  s. `/ h8 _8 b(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
3 x' i1 y5 n$ k5 Orespect of which the claim is made or otherwise verify the reason for the claim; and
1 o/ Y  O4 q2 p# _; U" G$ m" S" ~(b) an application for the refund, including such evidence in support of the application as may be: T2 t* ]1 `% A& k' U0 ]
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the5 V( y: e7 G9 X% V  |' S$ C
prescribed information within
6 ~- Q. j  U4 E" b(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)  @3 C$ _9 }( e/ n! H; A9 G; L
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and4 Z" o0 g) R% F  p7 F* Y
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods+ o+ ?5 _2 d+ x4 p1 u$ z
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.; x& M7 {. a- p$ L
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
2 s' n' a) j. P- ethis Act as if it were a re-determination under paragraph 59(1)(a) if
* O4 A' I2 l. r6 `7 Q1 Z! R: Y(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied* v8 u" z. N8 ]4 u/ P  t5 Z4 _& D/ `  w, M
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
7 j; h+ ~3 z8 i  Religible for preferential tariff treatment under a free trade agreement; or  W/ x7 {4 X8 Q/ \9 L: w, g# y7 m
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied+ G' s3 I7 c7 u4 v/ M2 {3 d$ I9 s
because the origin, tariff classification or value for duty of the goods as claimed in the application is
5 A; B+ R) E4 nincorrect.
% j4 \# i0 B& [( R, }& S(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) y4 M7 b9 v- w8 a7 o(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground0 y* p( ~. b6 P4 f, Z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it% m3 e& ]- q2 w2 J- r/ b
were a re-determination under this Act of origin, tariff classification or value for duty.
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