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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
% l5 n; r- o5 {6 K% d5 F; J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.pdf8 p& k, _* b1 M

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Refund Requests; [- v4 D2 \2 B' W
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
# C& J0 F3 s/ w- `2 D) ~; fpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
7 T+ i+ _* b" g) x9 t& S* v, Jof those duties, and the Minister may grant to that person a refund of all or part of those duties, if6 ?5 h! O9 ~& S% {! G1 H
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
8 t  T0 D1 j# T: x- V: ^Canada to the time of release;+ `: J: ^; c4 @3 T
(b) the quantity released is less than the quantity in respect of which duties were paid;9 q) J; m( ]; t- Z/ H: A
(c) they are of a quality inferior to that in respect of which duties were paid;+ t( }! U7 q- r( w' W! D
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: F7 O# G3 I  Y; p/ {3 b6 ctariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
' Y2 ~* r% C! e, l6 M0 Q. Fcase may be, was made in respect of those goods at the time they were accounted for under; o( `0 I! ]) h6 K: Y
subsection 32(1), (3) or (5);' J6 ^, v& I: C5 ]% A
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( Z- n# M; b. E* A) \/ R(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
0 K6 q; Q6 L% lpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
+ C4 H$ Y3 R. ?# Laccounted for under subsection 32(1), (3) or (5);& }% A& \1 g% ~9 U, s& S
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
9 ~* \5 \8 u  V9 o" K(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)8 w$ U! K6 r' s% l' s! j
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or6 b% ~$ t' e  K+ p, Q0 J
value for duty in respect of the goods and the determination has not been the subject of a decision
0 I3 x! x0 ]5 {- `1 L: G; [under any of sections 59 to 61;: Z" H% t" X, F: J' J5 _9 D
(f) [not applicable to non-commercial goods];
8 F; ?9 w! ]' n# X  _: u* \( R: r  H(g) the duties were overpaid or paid in error for any reason that may be prescribed.
/ v- x. T( G; p# a2 `& w(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
  T+ Z+ q" \1 s- _& H: Don tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
. ^4 w' k" D4 |. Ithis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
" ~  a# Z/ c% a/ ?+ R" k(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim& v- M# ]2 z% y& f7 \* X4 O2 C  N9 Q
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.5 R/ r( q( T# @6 L4 T5 b$ U6 n
(3) No refund shall be granted under subsection (1) in respect of a claim unless" K. ?. X- a0 }6 X; C
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in  ?# P& g& V/ Z/ i6 Y" j
respect of which the claim is made or otherwise verify the reason for the claim; and
# H" t/ H) J' _4 t7 @9 j(b) an application for the refund, including such evidence in support of the application as may be
& Q7 P) i4 w1 uprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the5 h" M7 }3 i/ ]+ R
prescribed information within! E. |% d4 V$ @: S+ l0 L
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
  y( Y, n- h- ]* Sor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
- P0 ^) e* U$ s! x& S* S(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* A/ K: ?9 d; T7 Y: ?5 g% k# x' m, Q/ B
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
) J5 V! v4 t8 b7 [+ f) g(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of  c' Q$ i& g1 F- P+ @3 d6 _
this Act as if it were a re-determination under paragraph 59(1)(a) if8 Y% D1 U' L' @, d
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied; ?* n% m" R( a5 W" p8 X
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
# s5 g" Q5 S7 G5 w- A4 o9 U/ geligible for preferential tariff treatment under a free trade agreement; or" B* d' a1 F/ u) _; y- P5 |5 o9 j8 d
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
; m9 j$ }2 [5 Q( zbecause the origin, tariff classification or value for duty of the goods as claimed in the application is+ h0 ^, g+ t7 @8 ]" o# b2 q$ M
incorrect.0 I( E. K* M: ~& w' F
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),4 ^) A" ~* X, Z! A7 t2 M
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground+ \3 @8 S+ k! `. W
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
0 X& j# W  r. Q$ o/ Bwere a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊?
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