Double Taxation Avoidance Agreement Model

In recent years,[when?] the evolution of foreign investment by Chinese companies has grown rapidly and has become quite influential. Thus, the management of cross-border tax issues is becoming one of China`s main financial and trade projects, and cross-border tax issues continue to increase. To solve the problems, multilateral tax treaties are defined between countries, which can legally help companies on both sides to avoid double taxation and tax issues. In order to implement China`s “Going Global” strategy and help domestic enterprises adapt to globalization, China is committed to promoting and signing multilateral tax agreements with other countries in order to achieve common interests. By the end of November 2016, China had officially signed 102 double taxation treaties. Of this amount, 98 agreements have already entered into force. In addition, China has signed a double taxation agreement with Hong Kong and the Macao Special Administrative Region. China also signed a double taxation treaty with Taiwan in August 2015, which has not yet entered into force. According to the Chinese tax administration, the first double taxation agreement with Japan was signed in September 1983.

The most recent agreement was signed with Cambodia in October 2016. As for the state-disrupting situation, China would continue the agreement signed after the disruption. Thus, for the first time in June 1987, China signed a double taxation agreement with the Czechoslovak Socialist Republic. In 1990, Czechoslovakia split into two countries, the Czech Republic and Slovakia, and the original agreement signed with the Czechoslovak Socialist Republic was used continuously in two new countries. In August 2009, China signed the new agreement with the Czech Republic. And with regard to the particular case of Germany, China continued the agreement with the Federal Republic of Germany in Dennen after the reunification of two Germanys. China has signed a double taxation treaty with many countries. Among them, there are not only countries that have made significant investments in China, but also countries that are beneficiaries well oriented towards Chinese investment relations. As far as the quantity of contracts is concerned, China is now only next to Britain. For countries that have not signed double taxation treaties with China, some of them have signed information exchange agreements with China. [20] Several governments and organizations use model contracts as a starting point.

Double taxation treaties generally follow the OECD Model Convention[4] and the Official Commentary[5] and Members` Comments on this subject serve as guidance for each Member State`s interpretation. Other relevant models are the UN Model Convention[6] for contracts with developing countries and the US Model Convention[7] for treaties negotiated by the US. Second, the United States allows a foreign tax credit to deduct income tax paid to foreign countries from U.S. income tax due to foreign income that is not covered by this exclusion. The foreign tax credit is not allowed for taxes paid on business income excluded by the rules described in the previous paragraph (i.e. no double dipping). [17] The Third Protocol also introduces provisions that facilitate economic double taxation in transfer pricing cases. . . .

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