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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
+ i* C# i, M9 `) G3 z! d# K# m上面说 非商业 进口 可以免关税?
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5 v" }& k' D# e& m- t8 H) c) z9 x; u' ?9 a2 D: i  O' J
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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, B6 b0 l# p% \8 B1 XRefund Requests" Q$ S- n( b' Q' E* F
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who# M7 M, [) h" J: I- M
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
) s, a  U% k& n, e7 U  t$ p' o; }of those duties, and the Minister may grant to that person a refund of all or part of those duties, if. G1 R5 G* G) }3 ?5 O* ?7 H9 \! D. ^, U
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to: m8 M# H! W/ v# z
Canada to the time of release;- R4 D7 N- `% w/ H) \2 W! H
(b) the quantity released is less than the quantity in respect of which duties were paid;% e' t1 \+ O, A  q
(c) they are of a quality inferior to that in respect of which duties were paid;* |$ W& O! M0 K7 x- k: ~9 [0 \& q
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
5 T! A; U* i$ _) y; ptariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the9 _4 G9 g2 Z! x
case may be, was made in respect of those goods at the time they were accounted for under
: U9 w/ X5 i! ~3 \) }& ]subsection 32(1), (3) or (5);0 s" P# r1 L8 ~% ^; K' F* n
3
; d3 z% n  g2 k* ?0 r(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for% S8 \, e) a2 b1 k2 B  w! V
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are( d. Z& j. [( ~$ K
accounted for under subsection 32(1), (3) or (5);# w2 A7 i2 I$ ~+ ?+ d7 b
(d) the calculation of duties owing was based on a clerical, typographical or similar error;$ L: H3 P0 c6 B
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
! a! f9 x0 q& n6 `! Fof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
! Y( W; |0 [1 u  W6 M1 I4 A: z9 nvalue for duty in respect of the goods and the determination has not been the subject of a decision
; u* ]0 c) y. K1 e% vunder any of sections 59 to 61;" _; F3 T7 H: q
(f) [not applicable to non-commercial goods];
  ?1 L- \! Z% }" l4 X& ]- w( ?(g) the duties were overpaid or paid in error for any reason that may be prescribed.
7 h3 j7 V" [3 T8 s(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based+ ^4 q6 D, t0 Y1 `& o- G8 M
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of% f. N6 P, `0 L
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
" j$ w5 ^; o- X) F, z5 m(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim! b! M5 I. |1 y- z
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.  W9 W% Y/ G$ s" T# f
(3) No refund shall be granted under subsection (1) in respect of a claim unless
/ h: n) g7 {" ?: y8 ?  k(a) the person making the claim affords an officer reasonable opportunity to examine the goods in6 V* g; h) N7 s; a/ d
respect of which the claim is made or otherwise verify the reason for the claim; and+ U. Y7 P! S* S, r" i
(b) an application for the refund, including such evidence in support of the application as may be
( ]: M; l4 k; Uprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
7 V0 g" g4 f8 {6 u9 gprescribed information within
0 ~" D, S2 R6 R$ x* s(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
8 B9 ^! S7 r; uor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and& g  {: f; H) ~
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods5 j" _( W. u) {
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
3 N+ ]' N; @3 W) [3 V' N(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
' F8 @( T+ S1 Z6 N$ L# n8 Cthis Act as if it were a re-determination under paragraph 59(1)(a) if5 u; p* x. H1 J4 \; Y
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
4 @* F# R3 Z* Ybecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not3 ]: }3 u9 c" p& F3 {) [6 L# T
eligible for preferential tariff treatment under a free trade agreement; or
0 A1 m$ @# L; ~: C& h/ v- S7 T(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied4 G" |5 E6 {. }! g# u
because the origin, tariff classification or value for duty of the goods as claimed in the application is
/ Z% F2 ^) H, C" }; pincorrect.
# ~( j- H! X" B0 B* v6 t(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),+ l& t% G4 g+ Z5 p! A2 \
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
, C1 B9 M1 a' w! i' r4 u9 Nother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
6 e2 ?% J5 ~4 Z% @1 [6 Dwere a re-determination under this Act of origin, tariff classification or value for duty.' R2 q9 d  g) Q) @9 ^
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这到底是说可以还是不可以啊?
理袁律师事务所
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