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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
5 z% {* ~$ G* `+ @5 M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* L" \. t/ g3 G+ W1 u% s- c
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0 @5 U5 P$ L1 e4 W/ CRefund Requests% q9 i) j8 _$ Q+ x/ j
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who) `. h+ P3 z3 c; v6 h8 a, B
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part# D% l- P* ~% v) C; L
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if1 C5 X6 \" x, r* j/ l. F6 R
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to7 `6 d' K. U" n4 p7 O
Canada to the time of release;+ a' f1 ]- v! I
(b) the quantity released is less than the quantity in respect of which duties were paid;9 _. i9 B2 S) B) f/ L2 N# j- E
(c) they are of a quality inferior to that in respect of which duties were paid;
  d1 I! ]9 Y& W1 F: y4 B. t(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential6 U& w  H( e2 E+ i* g
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
+ v1 g- w) @8 Q2 d& A% w& K9 Xcase may be, was made in respect of those goods at the time they were accounted for under7 Z- x4 q& g# m1 e% z
subsection 32(1), (3) or (5);5 }- e" M8 E6 n5 b
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for, A' M: x6 p& f: `/ `$ P
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
$ @6 }* m5 E8 o( y( s) Xaccounted for under subsection 32(1), (3) or (5);1 \, @( s) u% D! F; u5 O( J1 H
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
1 f1 n7 e) L; I0 P0 ]1 D(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)) d7 G1 o; M4 o9 F& H4 R
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' }6 _& F: {8 M2 B' \% n9 kvalue for duty in respect of the goods and the determination has not been the subject of a decision# ^; V2 Q# p# Y+ p- \
under any of sections 59 to 61;
/ L- \2 M& x9 d. ^1 R$ o, v(f) [not applicable to non-commercial goods];
5 K6 I4 V" V; C% U) U(g) the duties were overpaid or paid in error for any reason that may be prescribed.
, x: @" q% ^; _+ A(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
* K5 x1 }3 d, mon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
) F" Y5 G- u3 ]1 A7 I. Sthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
- Q9 w* H* |& G0 P0 j. H* h(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim6 u* v& c3 h, M9 u& ?
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.0 v/ W$ N, N! l, w8 S
(3) No refund shall be granted under subsection (1) in respect of a claim unless) S, Z% W  ?  C9 }' C' S1 N
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in: Y7 P, S& N: `" f/ U
respect of which the claim is made or otherwise verify the reason for the claim; and
' {2 S$ ^% ^# _+ s4 h# ~0 Z(b) an application for the refund, including such evidence in support of the application as may be
( |# I8 F7 {* q* V0 c- Cprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
& [. m: z7 Y5 ~prescribed information within
3 R( }7 b( s2 x* x(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)( `- t" @- L: I8 C9 m# x7 k: j
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
9 b0 n: I9 G* J9 ^6 G(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods. q8 O8 P5 W$ w6 Y* B. {) t7 {
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
) A4 ^* g8 \% c% W% |# f(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! v  y% O7 S) h5 ]7 ?
this Act as if it were a re-determination under paragraph 59(1)(a) if
0 D: h2 Z' b8 @1 d(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
# [- F+ w* J; f8 |! bbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
) {& I  J7 O1 `7 v- ]& T' {eligible for preferential tariff treatment under a free trade agreement; or# V6 X" M; r, J4 Y5 ?2 H$ K
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied. b- \% J+ g6 Y, I+ \) A
because the origin, tariff classification or value for duty of the goods as claimed in the application is
4 Q. N- m" a6 y* yincorrect.
" `6 p. K( G  O+ T. t(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),  e$ {+ l5 q& k, n2 Z. t+ ?
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
+ {$ L7 |7 N' y0 x$ k, U' ^other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
& ~8 t2 p# q5 n2 o/ N3 Cwere a re-determination under this Act of origin, tariff classification or value for duty.0 g; b" Q2 D, D! z
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这到底是说可以还是不可以啊?
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