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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
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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
" l& ]2 Y" Z; W3 c* Y上面说 非商业 进口 可以免关税?5 a' f! M7 ~) k4 F; H
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf! P, Y. s8 h# \
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Refund Requests8 \. p4 k' k! n" o  b6 n
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
9 A% Q- [6 j$ ?* u; k6 ^: L8 t8 B% Dpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
) |6 Z5 e- U6 u8 Sof those duties, and the Minister may grant to that person a refund of all or part of those duties, if+ c9 Z* n8 V6 Y, f* }: e" _
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ C- m/ Y/ y8 M
Canada to the time of release;
! @# F+ V% W% b' J: \(b) the quantity released is less than the quantity in respect of which duties were paid;& H) d* X* i9 v( C) r
(c) they are of a quality inferior to that in respect of which duties were paid;
, j. r  |; c$ l, P9 g  W(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential' e& D: v: F# \8 |8 _5 T3 Y5 M
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the+ Z6 o3 X, a. C$ M/ M7 O
case may be, was made in respect of those goods at the time they were accounted for under# O' K& `9 a8 L1 m& i5 }
subsection 32(1), (3) or (5);! N0 @4 c2 x( R9 f8 u5 J/ Z
36 Q. l5 [  A$ L, B; C7 m
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for' d( K8 j! v& q" g9 h0 X& B
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
& k" _7 }$ C  I- }( Q; Z! Q4 Zaccounted for under subsection 32(1), (3) or (5);9 S0 e6 E, ~# e' V- f# r
(d) the calculation of duties owing was based on a clerical, typographical or similar error;, x) n/ `6 G. O. I
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
, D$ p7 y. g  Y0 v& gof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
5 f; h) O: K; P: bvalue for duty in respect of the goods and the determination has not been the subject of a decision
, _) T( T1 T& R% Y3 punder any of sections 59 to 61;5 a8 O; I. W# Z; ]* o
(f) [not applicable to non-commercial goods];3 J; D3 {+ O7 I; E" a- T+ Q- b
(g) the duties were overpaid or paid in error for any reason that may be prescribed.2 D3 u: p; n6 z, i  A8 a
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
* v& \' E6 G7 s* w8 W) Q3 e1 v3 P" {2 Xon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
: }: P1 e7 w8 A2 U3 Y2 `this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
6 Z/ u- Y& ~: Z. O7 i(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim' _7 C) J7 \$ e# a) [
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.( {9 Y1 t  t" R+ q6 g. M. Z. B, Z$ Z
(3) No refund shall be granted under subsection (1) in respect of a claim unless
; y9 Y0 m) ^# I3 |- C$ m(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
: i# i$ ^" t. @0 Z3 Hrespect of which the claim is made or otherwise verify the reason for the claim; and7 u. h1 v* e( n. X$ J
(b) an application for the refund, including such evidence in support of the application as may be+ k5 }+ c7 X8 P8 V% R" y
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
. d4 P. \; m( z. [prescribed information within# J2 z; r4 W0 E
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)0 _1 I4 d* h6 ]8 W6 N& R
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and( i0 {( S  q( v# q1 O! s! B
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
3 H1 _- g, ^3 N- D4 U6 @were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
  r& L4 n/ A/ g% b1 ^9 F(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
' O8 k) C% f' v) ~this Act as if it were a re-determination under paragraph 59(1)(a) if* F) f0 B; I( A$ k, t& j, W$ y2 m' l
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
1 [% S% _1 A4 r6 Ubecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 H4 B3 C" U' A/ {# o0 Oeligible for preferential tariff treatment under a free trade agreement; or1 V; {3 ~6 \' f
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied) G1 ~) \/ i: ~: f+ o0 h( A0 B
because the origin, tariff classification or value for duty of the goods as claimed in the application is" C! w6 C8 }  w! O/ a9 }+ F, b
incorrect.) Q: s; M8 x( x9 U+ d! F
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),7 }, Y1 g7 U! E& {" G/ H
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 Q; `; B6 Q* O/ u# G2 \6 e$ Uother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it" r- d- j7 ^8 P8 k7 K
were a re-determination under this Act of origin, tariff classification or value for duty.- h, Y8 v8 X) C( J
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