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Notice Of The State Administration Of Taxation On The Entry Into Force Of The Protocol On The Avoidance Of Double Taxation And Prevention Of Tax Evasion By The Mainland And Macao

2010/10/18 16:38:00 48

State Administration of Taxation

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Notice on the entry into force of the protocol on the avoidance of double taxation and prevention of tax evasion by the mainland and Macao

Two thousand and ten

Year end

Fifteen

Number

The protocol on the avoidance of double taxation and prevention of tax evasion for the mainland and the Macao Special Administrative Region has been issued.

Two thousand and nine

year

Seven

month

Fifteen

The day was officially signed in Macao.

Two thousand and ten

year

Six

month

Twenty-five

Sunplus

Two thousand and ten

year

Nine

month

Fifteen

The mutual notification has completed the respective legal procedures necessary for the entry into force of the protocol.

According to the tenth provision of the protocol, the Protocol shall be self - contained.

Two thousand and ten

year

Nine

month

Fifteen

It takes effect from day to day and applies to

Two thousand and eleven

year

One

month

One

Income derived from tax year beginning on or after the date.

This is hereby announced.

State Administration of Taxation

Two

One

October 8th 2013

The mainland and the Macao Special Administrative Region

Arrangement for avoidance of double taxation and prevention of tax evasion "

protocol

The mainland and the Macao Special Administrative Region shall be amended.

Two thousand and three

year

Twelve

month

Twenty-seven

The mainland and Macao Special Administrative Region (Macao) signed an arrangement on Double Taxation Avoidance and prevention of tax evasion.

arrange

The agreement reached as follows:

Article 1

The provisions of article second, paragraph 1 (third) of the arrangement shall be abolished by replacing the following provisions:

(1) in the mainland

One

Personal income tax;

Two

Corporate income tax;

(hereinafter referred to as

Inland Revenue

)

Second article

The provisions of article fourth, paragraph 1, of the arrangement shall be abolished.

(1) in this arrangement,

One inhabitant

The term "one" means a person who has the duty to pay taxes on the other party in accordance with the law of that party, because of his domicile, residence, head office, place of establishment or actual administrative authority, or other similar standards.

However, the term does not include the person who has the duty to pay taxes on the other side only because of the income derived from the party.

Third article

The provisions of article fifth, paragraph third (two) of the arrangement shall be abolished by replacing the following provisions:

(two) a party shall provide services for the same project or other related items through its employees or other personnel employed, including consulting services, only for a period of twelve days or more than one hundred and eighty-three days.

Fourth article

The provisions of the tenth paragraph and the second paragraph of the arrangement shall be abolished.

Two, however, such dividends can also be taxed in accordance with the law of the other side of the company whose dividends are paid by the company.

However, if the beneficial owner is the resident of the other side, the tax shall be:

(1) if the beneficial owner is a company directly owned by a company that pays dividends at least twenty-five percent capital, excluding the partnership, it shall not exceed five percent of the total dividend.

(two) in other cases, it should not exceed ten percent of the total dividend.

The competent authorities of both sides should negotiate to determine the way to implement the limit tax rate.

This section shall not affect the corporate profits tax imposed on the company before paying dividends.

Fifth article

The provisions of the eleventh paragraph and the second paragraph of the arrangement shall be abolished.

Two, however, such interest can also be levied on the part of the interest that occurs on the basis of the law of that party.

However, if the beneficial owner of interest is a resident of another party, the tax shall not exceed seven percent of the total amount of interest.

The competent authorities of both sides should negotiate to determine the way to implement the limit tax rate.

Sixth article

The provisions of the twelfth paragraph and the second paragraph of the arrangement shall be abolished.

Two, however, these royalties can also be levied on the side of the party in accordance with the law of that party.

However, if the beneficiary of the royalties is the resident of the other side, the tax shall not exceed seven percent of the total royalties.

The competent authorities of both sides should negotiate to determine the way to implement the limit tax rate.

Seventh article

1. The thirteenth article and fourth paragraph of the arrangement shall be implemented according to the following provisions:

In the three years prior to the pfer of shares of the company by shares, the company's property at least fifty percent has been real property.

Two.

The provisions of the thirteenth paragraph and the fifth paragraph of the arrangement shall be abolished.

Five, in addition to the fourth paragraph, the income of a party's resident who pfers shares or other rights in the company's capital of another party shall be taxed at the other party directly or indirectly within twelve months prior to the pfer of the company's capital.

Eighth article

The twenty-second article of the arrangement is added as a third paragraph:

Three. Although the provisions of the first paragraph and the second paragraph, the income of one party's residents is not provided for in the above articles, and those on the other side may be taxed on the other side.

Ninth article

1. One additional arrangement is made as the twenty-seventh item:

Twenty-seventh article

Other rules

This arrangement does not prevent one party from exercising its duty to prevent tax evasion (whether or not it is called).

Tax avoidance

The right of law and measure, but it does not lead to conflict between the tax and this arrangement.

Two, the twenty-seventh and twenty-eighth articles in the arrangement are postponed to twenty-eighth and twenty-ninth.

Tenth article

This Protocol shall take effect from the date of notification by the last party after each of them has performed the necessary approval procedures and has written notice to each other.

This Protocol shall apply to the income obtained during the tax year commencement of the year January 1st after the entry into force of the protocol.

Eleventh article

This Protocol shall be effective in accordance with the arrangement.

The following representatives have been formally authorized to sign the protocol.

This protocol is based on

Two thousand and nine

year

Seven

month

Fifteen

The day is signed in Macao, in two copies, each in Chinese.

To be careful