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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: e1 C  }7 z! {5 E! ~5 L
上面说 非商业 进口 可以免关税?
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5 o& f5 P& K8 u# o+ X; f7 H8 x) j8 U8 |' D; y

: }) {" F3 e8 l" ghttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf; n5 q6 s+ w/ w$ }$ x
3 W+ ^2 u5 w  Y% z$ q7 \; B: h

  D: H9 e* j3 G8 N+ y  }, {Refund Requests! _& Y5 u/ q! m4 N- P
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
: B% m2 |/ ]- H1 X8 r# Apaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part" G& r. h9 g  V$ S2 `+ q2 N( {
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if- X' {' E# S" H
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to& f5 z; @3 Z% N+ f; }; ?- |9 G
Canada to the time of release;2 j3 q- {  Y5 ~2 z/ s! _
(b) the quantity released is less than the quantity in respect of which duties were paid;
  w6 t3 h$ V9 T, Z(c) they are of a quality inferior to that in respect of which duties were paid;; U1 X2 T# v# x$ Q0 Q) {4 K
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
' a9 s3 \4 E7 s" k, H; z3 G" ttariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
: H* P4 X2 @. A1 W: i9 v$ W; vcase may be, was made in respect of those goods at the time they were accounted for under. z& K* ~! l7 A+ m; k' D
subsection 32(1), (3) or (5);
: y8 n& `7 O5 `) r; o3
1 n9 [2 t4 `' i5 V) T  q(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for4 M" C; p3 D6 b: ]& M3 o
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are. Q7 N5 L% X- M/ p
accounted for under subsection 32(1), (3) or (5);
( m3 P; Q$ J* ?0 P' B4 x(d) the calculation of duties owing was based on a clerical, typographical or similar error;& D: ]) g9 X5 e
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)) Z1 D5 k6 ~' g) d8 G3 Y! A
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
9 x$ x% |) I1 }# Avalue for duty in respect of the goods and the determination has not been the subject of a decision6 k7 _( ^2 _4 \4 D1 R3 f& E# b; {% N$ i
under any of sections 59 to 61;: a8 Z( G4 {4 J- l9 p& G1 P
(f) [not applicable to non-commercial goods];
" q& X3 S& c; A6 u(g) the duties were overpaid or paid in error for any reason that may be prescribed.
7 j9 Q1 t! i* `1 p; ~3 Z(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based, G/ U* V+ u+ x
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
" t; Q: @9 D$ h5 Cthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
. ?. q7 A+ S) j3 _! u+ d4 K(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim- n; I* M7 X2 P
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.* [, ^9 N- r% y. a5 j
(3) No refund shall be granted under subsection (1) in respect of a claim unless, i: u/ R& {7 k+ I! A; H8 r4 I# s
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in) U! S5 D) V  c; Q
respect of which the claim is made or otherwise verify the reason for the claim; and
3 U, W) o! u0 Z: V. V8 S$ O(b) an application for the refund, including such evidence in support of the application as may be0 @/ d" @9 O3 G7 ~7 c2 W6 N
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
/ M3 L# x5 V  |1 P7 J( \prescribed information within
8 r9 Q+ }1 y' s9 y7 r(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)7 c% k7 A7 V' `
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and: m1 x* C2 O3 h- E* z
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
  ?8 F) s+ Y2 W+ U4 K& Jwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
3 @4 A4 y9 `$ b0 e3 _" w+ k(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
5 h$ P, @8 |9 {" Ethis Act as if it were a re-determination under paragraph 59(1)(a) if. c1 w+ j- i$ G/ r+ s" _: `7 ]
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
# j! C% x2 B1 m# i4 n% zbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not; D3 O7 ?) i- l1 _' ~: l0 k
eligible for preferential tariff treatment under a free trade agreement; or
+ y5 w3 ~' p' x8 V: T; o(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
5 y% c& [, F7 v& @because the origin, tariff classification or value for duty of the goods as claimed in the application is
, P' P  V6 _/ K- m; _incorrect.3 z& y$ O& ]5 `$ a* b. C
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),$ w* z2 z6 K: v2 z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
1 F7 e. k" I( G' L2 x8 Wother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
7 |# o# |; g. c8 v6 Gwere a re-determination under this Act of origin, tariff classification or value for duty.; i7 I2 P& |# q& H
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这到底是说可以还是不可以啊?
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