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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
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations. V3 i- L1 T- O
上面说 非商业 进口 可以免关税?
* E6 S! C- n/ R6 N  C& ^  Q& T1 g* B* l( p, l$ ~, n  {/ R
% O2 U( ?) Y; Z+ A) M8 R$ E
0 h+ ~0 \( I* U& X$ T
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
1 t7 |) W& _: Y# J- n- x6 z% O9 f3 v7 p' T; z8 f
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Refund Requests
) t% a' w5 y; |9 ?" e' Q; u" @74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* n6 g5 l7 T5 a+ n' f, d/ B' ~paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part3 d: `. H1 ]. G- v, H
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if( b( h$ j* W8 j/ h' a
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
# ?" e/ H* @8 i; b2 K# gCanada to the time of release;
  I1 ]6 I; H- K5 n(b) the quantity released is less than the quantity in respect of which duties were paid;
1 a# N9 ^3 K9 D) L* y3 m( a(c) they are of a quality inferior to that in respect of which duties were paid;. S" E. L8 G$ M0 M4 @! v) G. r
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential& k, K& F3 _$ Q1 |5 ^& F
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the1 r, l7 L' Q! M5 r! m6 L* U' h2 ^
case may be, was made in respect of those goods at the time they were accounted for under
+ f7 E/ I; E: \6 x! e; q+ D7 t( osubsection 32(1), (3) or (5);1 t/ _7 z' L. D% j+ G( H) H2 k
3
& p* s+ ?- S0 D5 h6 [(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for! c; l$ n* T" J: u4 I
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are8 F* d0 p2 r; |. P$ w5 g$ k9 A' _
accounted for under subsection 32(1), (3) or (5);
1 `+ D+ n5 |9 ~& g- e2 n(d) the calculation of duties owing was based on a clerical, typographical or similar error;
2 D" b0 j0 R* g7 h# x# D+ ^! p(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2). W; z3 k1 Y/ ]7 U) h
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
( ?* t# T1 F3 z! W5 S' G/ pvalue for duty in respect of the goods and the determination has not been the subject of a decision: ]5 G/ V, A8 O+ K1 w+ [+ Z
under any of sections 59 to 61;
3 Q# z0 s4 @3 C5 D, i* _(f) [not applicable to non-commercial goods];6 L/ Y& n2 Q0 i% I+ O* P; R& b; `
(g) the duties were overpaid or paid in error for any reason that may be prescribed.. ^" Q4 \+ ~( U4 n$ F/ z& ]' L
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
/ c) g! o% k- t! Hon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of9 R  q" ^. V  j* u
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).0 [0 R8 y# S8 a5 t, A- [+ `
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim4 y7 E  G. Q: x, G# F
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.5 K. C# X+ b6 `6 g9 z& W6 Z. n
(3) No refund shall be granted under subsection (1) in respect of a claim unless) ]% H2 e) M/ o' I5 G+ k5 E
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in. |7 K4 {1 {" Z
respect of which the claim is made or otherwise verify the reason for the claim; and) K- V3 Q! O$ h+ I
(b) an application for the refund, including such evidence in support of the application as may be
: Q. o6 T$ j# }0 Fprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the! G9 h( O4 s& u# \$ o
prescribed information within7 X5 E2 j- S: |  B
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
6 v* }1 `) S, Cor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and) n3 k- z  |0 Q" ~( ]
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 a- |1 J) \" O( U1 S+ S( K/ |/ P
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
- m4 n& ^( U% u* G1 e; m( G(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of) }; |8 k3 z" ~: v7 l; @: ^
this Act as if it were a re-determination under paragraph 59(1)(a) if
% v1 e8 N$ X% B1 l; \# D' ~(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
; R! b) @6 O2 _+ Lbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
. y% ]: D# \9 geligible for preferential tariff treatment under a free trade agreement; or' [& F* ^4 D  O9 B2 S7 Z4 v2 p' \
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
; h( x7 @6 `7 N3 g5 [* t4 @5 jbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
! L. I/ {# [3 M0 uincorrect.( X" z# t. K- w
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
2 w; [* h) U' d$ q6 n0 q(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
1 I2 q( I7 E, u6 qother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
/ q0 h2 r0 g$ i6 zwere a re-determination under this Act of origin, tariff classification or value for duty.
) K( i- K8 Y) K1 m: w$ q
& G+ b$ ]2 @" f! ^. j: X这到底是说可以还是不可以啊?
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