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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
4 K( l1 i" h1 n6 }. ^4 r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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( Q" O2 t7 K* t7 B) H) hRefund Requests
' v5 p! l3 H+ e0 r/ m74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who) x1 N5 m7 @7 k
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part. ~+ g: a9 e: o
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if  c4 z4 B7 x  z8 e( q3 v
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to) F% R( |! K9 g7 i0 F# N
Canada to the time of release;. q- `2 [& x1 x) _/ W+ V
(b) the quantity released is less than the quantity in respect of which duties were paid;
$ T9 x1 _+ z) n& n4 y- Y(c) they are of a quality inferior to that in respect of which duties were paid;
8 ?# H  H$ f& L+ ]+ \0 Q5 p- e(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential" I4 a& ?7 \. j" o# S' i( n
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the  c( p+ z3 m$ E* x+ E6 n
case may be, was made in respect of those goods at the time they were accounted for under
! e9 `# `( v7 q% {; Xsubsection 32(1), (3) or (5);
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$ _* Y5 Y- h6 \( [  r(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for) o$ j: i& d4 p2 C( c% e$ v# b
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are5 g5 {6 l, k5 r- z
accounted for under subsection 32(1), (3) or (5);
$ a9 z+ T3 s  z+ F. ?* V(d) the calculation of duties owing was based on a clerical, typographical or similar error;$ g5 E$ ?- c" a% H% d% `- q& S0 g
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)5 }5 `( l* c; C' ~% o
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
% n& A9 v) ~: [( B) D  M  pvalue for duty in respect of the goods and the determination has not been the subject of a decision
" h. r* \+ W8 }1 K/ G, Z  Funder any of sections 59 to 61;
$ I- y$ H$ \$ ^(f) [not applicable to non-commercial goods];) ^; Z: S1 h$ h, o2 M
(g) the duties were overpaid or paid in error for any reason that may be prescribed.3 N. J0 e/ u, ~8 ]7 G: J
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based; W9 }/ L% `4 |. m( D; y
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of5 e$ D6 ~& F) g( Q/ n
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
' J7 f# i* e, q# K7 ?8 h3 O(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 `% R& n" b; j9 M: r4 W' Punless written notice of the claim and the reason for it is given to an officer within the prescribed time.
! B, O7 w6 j# S1 |$ c: R+ X- ?(3) No refund shall be granted under subsection (1) in respect of a claim unless4 j( A2 E( o; Z3 v6 L' B6 B
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in+ c* a- l! F' B) k) @0 t( u
respect of which the claim is made or otherwise verify the reason for the claim; and! [0 @5 l. H6 H$ M; R
(b) an application for the refund, including such evidence in support of the application as may be
' f; ^. G9 }) Nprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
  ^4 ?4 y: @/ I- c: `9 zprescribed information within9 W! v# |) `) s8 L# N/ |6 Y/ i
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)! P6 m. ]9 p# ^+ \3 V1 Q
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
4 V% h2 _, k% Q4 o  Y$ O+ A(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
  p1 ]0 f% l; qwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
9 V, e( g, v9 ^7 ~(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! [" K5 s* q! `' M5 I, h8 Z3 ^) e
this Act as if it were a re-determination under paragraph 59(1)(a) if2 C! {# w) }+ h& l/ q8 f: h
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
! @$ x" e- I! h) e* Q0 j  a! cbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not" X1 e7 q9 f7 O9 L
eligible for preferential tariff treatment under a free trade agreement; or) c! M" I; V) s1 \/ J
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
" R1 E$ \0 L7 X; y* Qbecause the origin, tariff classification or value for duty of the goods as claimed in the application is0 ^' z0 @# t) r3 I" t  I- Q; y5 t' @
incorrect., T7 v" R  t( {" G3 x. ?$ |. y
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
$ R: P7 a- x3 C(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
% {; m' C# N: ]0 m3 f5 _4 T+ q: h1 uother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it" Z* O! `) y( t0 O8 U& G
were 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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