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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
# }6 w/ W% p9 E( ?' n) G1 ?上面说 非商业 进口 可以免关税?
* f5 p! L/ e7 y& W( G3 z7 v1 }. i  ^. j! y# x8 i; H3 k

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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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! y/ l% ^% E6 m$ I# pRefund Requests& f) q9 B$ x, M; Z! n
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who; h5 E9 {* z7 E* K6 M
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part3 `( g0 \, O! }% L+ l) u9 s- o
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if0 {* C' b6 W& L4 g
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
% G& P1 F6 k4 @* n" Z! ECanada to the time of release;
* D. }9 r/ F6 y' p0 n(b) the quantity released is less than the quantity in respect of which duties were paid;( D5 K; P. O- ~7 G+ x+ j* {% m
(c) they are of a quality inferior to that in respect of which duties were paid;, Q: [1 H) \8 p6 ~
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
5 X: k7 m- X; H9 P" j* Q& O7 Ntariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
! m, Y9 A% h- \5 r( fcase may be, was made in respect of those goods at the time they were accounted for under
" Y& T7 y+ Q7 I; ^subsection 32(1), (3) or (5);
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  P+ x7 q& w' c' `, m(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for. m7 H6 ?9 H3 q! S2 t
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are& e! b9 r$ m5 V
accounted for under subsection 32(1), (3) or (5);
# h' E6 D  n6 t2 C& h8 ~( V(d) the calculation of duties owing was based on a clerical, typographical or similar error;
7 m! T: j- |, K. s0 k(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)% `4 q" h& T; W$ n9 P
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 v3 p6 A  g! D7 d% Y+ V9 Ovalue for duty in respect of the goods and the determination has not been the subject of a decision0 [& v$ L, C8 k% }! p$ V5 }
under any of sections 59 to 61;. j5 _8 k) n7 w8 Q
(f) [not applicable to non-commercial goods];
2 w* ], f& s7 [% k5 |. a(g) the duties were overpaid or paid in error for any reason that may be prescribed.  L) U' v, g4 p$ t  m  o# A
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
8 f0 o6 z4 _; c2 gon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
. o7 l" O* y) G1 z2 \3 R+ m; uthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
; |& ?. r* @) y# Q4 r2 g. }, v(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: m( g' \: b2 z; j  U4 |unless written notice of the claim and the reason for it is given to an officer within the prescribed time.* I0 c' B& x4 F, {* [
(3) No refund shall be granted under subsection (1) in respect of a claim unless
2 Z( h  @# P" L( T(a) the person making the claim affords an officer reasonable opportunity to examine the goods in* p+ M9 N; F$ w7 B% M9 L3 m
respect of which the claim is made or otherwise verify the reason for the claim; and, E- W+ l3 W3 T& t
(b) an application for the refund, including such evidence in support of the application as may be
% z! ?# r1 L* }* e$ @- A2 ^: \prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
5 X$ |7 z: c7 |$ f& u* |9 `prescribed information within. Z. ~  I: I% D& d9 k
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)1 g/ p9 G5 t# F% t7 I- q
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
- v0 Y2 C+ Z6 U, M(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
4 v- B2 ?" u6 y' y3 o) swere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.: U6 |/ ~% K- K2 [  \  ?* D
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of: f- t* O: f1 ^  u3 I- G4 ]
this Act as if it were a re-determination under paragraph 59(1)(a) if2 i0 }) Z: u/ l1 Z
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
4 }$ d  B$ D8 V) n) `because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
1 ~9 e) y: U" I0 ]& qeligible for preferential tariff treatment under a free trade agreement; or8 P+ u! L; z/ D9 W% ~9 }, v" A3 L
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied) N3 ]9 h3 e5 A, I! ~
because the origin, tariff classification or value for duty of the goods as claimed in the application is# [6 _% p3 c+ o4 U: I' }
incorrect.5 C/ |7 [( x1 B5 G8 L* e' Q
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
6 @3 v9 p  r, Y" P(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
' J7 q, C2 e1 j% `) R2 ?9 t) u5 y) jother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it; q* S0 F* z8 l- L* R+ _
were a re-determination under this Act of origin, tariff classification or value for duty.
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' q: k& L0 o7 l/ i9 E这到底是说可以还是不可以啊?
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