Bilateral Double Tax Agreements

Domestic Rules for Tax Residence

Certificate of tax residency

International Tax Coorperation

​International Tax Bodies

 



 

 

 

 

 

Double Tax Agreement - China

 

China has signed over 100 Agreement on Avoidance of Double Taxation (DTA), more than 10 tax information exchange agreements (TIEA), the multilateral convention of mutual administrative assistance in tax matters, and multilateral convention to implement tax treaty-related measures to prevent base erosion and profit shifting (the multilateral instrument). The DTA's of China basically followed the Model Treaty Convention of the OECD.

Details of the DTA are available at the website of the State Administration of Taxation. [Read-bilingual] | [English]

 

PRC treaty countries classified by geographic area

 

 

Tax Information Exchange Agreement

 

In the recent years, China has concluded TIEA with some jurisdictions that impose no tax on income, which includes the following:

Argentina, the British Virgin Islands, Bahamas, Bermuda, Cayman Islands, Guernsey, Isle of Man, Jersey, Liechtenstein, and San Marino.

 

Automatic Exchange of Information (AEOI)

 

AEOI at Country level {Read}

 

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Tax Treaty Credit For Foreign Investors 

Indirect tax credit

Most of the PRC tax treaties provide that the corporate level income taxes paid by the foreign investment enterprise are eligible for an indirect tax credit for foreign investors in their home jurisdictions.

Tax sparing credit

An investor, who is a resident of a PRC treaty country and owns the foreign investment enterprise, is deemed to have paid the income tax under the indirect tax sparing credit provision in respect of the tax concession being granted for income earned within China at both the Company and shareholder (investor) levels.

However, there is no tax sparing credit provision in the treaty concluded between the PRC and the USA.

 

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Double Tax Agreement - Hong Kong

 

Hong Kong residents are entitled to benefits of avoiding double income tax under the Arrangements concluded between the PRC Central People's Government and the Government of the Hong Kong Special Administrative Region.

 

Double Taxation Agreements

The information of HK's Comprehensive Double Tax Agreement (CDTA) - {Read}

The information of HK's DTA on Air Service Income - {Read}

The information of HK's DTA on Shipping Service Income - {Read}

 

Tax Rates on Dividends, Interest, Royalties and Technical Services

The withholding income tax rates for the above - {Read}

 

Tax Information Exchange Agreements

Hong Kong has concluded tax information exchange agreements (TIEA) with the following jurisdictions - {Read}

 

Automatic Exchange of Information (AEOI)

See AEOI at Country level {Read}

 

 

 

 

Double Tax Agreement - Macau

 

Double Taxation Agreement

Macau has entered into CDTA with Portugal, Mozambique, Republic of Cape Verde and Belgium.

 

Double Tax Agreement on Air Service Income

Macau signed a Double Taxation Agreement on Air service income with Taiwan on Dec 2015; {Read}

 

Tax Information Exchange Agreement

Macau has signed TIEA with 15 countries. See texts in Chinese: {Read};{Read}

 

Automatic Exchange of Information (AEOI)

See AEOI at Country level {Read}

 

 

 

 

Double Tax Agreement - Taiwan

 

As the end of 2016, Taiwan has concluded comprehensive double tax agreements with over 30 countries. In addition, Taiwan signed up 13 double tax agreements on air service income and shipping services income. 

 

Double Tax Agreement

See details of the CDTA and DTA on air and shipping services income: {Read-Chinese};{Read}; also [Read].

 

Tax Rates on Dividends, Interest, and Royalties

See the relevant tax rates at {withholding_tax}; {withholding tax-Chinese} ; also [Read].

 


     

 

   

 

Domestic rules for tax residence

  • Tax residence - China [Read]
  • Tax residence - Hong Kong [Read]
  • Tax residence - Macau [Read]
  • Tax residence - Taiwan [Read], [Read], [Read]

 

 

Certificate of tax residence

 

China [Read]

Hong Kong Special Administrative Region, China [Read]

 

 

 


       

 

 

 

China

International Tax Cooperation

中国签订的多边税收条约 Multilateral Convention signed by China

 

名称
Designation

签署日期
Signed on

生效日期
Effective from

执行日期
Applicable since

多边税收征管互助公约

The Multilateral Convention on Mutual Administrative Assistance in Tax Matters

2013.8.27

2016.02.01

2017.01.01

金融账户涉税信息自动交换多边主管当局间协议

Multilateral Competent Authority Agreement On Automatic Exchange Of Financial Account Information

2015.12.16

2017.5

2017.7

实施税收协定相关措施以防止税基侵蚀和利润转移的多边公约

Multilateral Convention To Implement Tax Treaty Related Measures To Prevent Base Erosion And Profit Shifting

2017.06.07

   

 

The Chinese Government signed the Mutual Administrative Assistance in Tax Matters (Multilateral Convention) in August 2013. The national people's congress ratified the Multinational Convention in July 2015. News about the ratification are available at the link [Read]. 

 

Details of the above Multilateral Convention

 

  1. Date of coming into force : 1st Feb 2016
  2. Date of Implementation : 1st Jan 2017 
  3. Excluded territories : the Special Administrative Regions of Hong Kong and Macau ***
  4. Scope of applications: (i) exchange of information; (ii) tax collections; and (iii) service of legal notice.
  5. Reservations: China has made reservation to tax collection and service of legal notice.

The legal texts of the Multilateral Convention is available at [Read].

*** In May 2018, the People's Republic of China extended the territorial scope of the Convention to the Hong Kong and Macau Special Administrative Regions pursuant to Article 29 of the Multilateral Convention. As such, The Convention will enter into force for both Hong Kong (China) and Macau (China) on 1 September 2018.

 


 

 

 

Hong Kong 

International Tax Cooperation

 

名称
Designation

签署日期
Signed on

生效日期
Effective from

执行日期
Applicable since

多边税收征管互助公约

The Multilateral Convention on Mutual Administrative Assistance in Tax Matters

2018.5.29 [i]

2018.06.25 [ii]

2018.09.01 [iii]

金融账户涉税信息自动交换多边主管当局间协议

Multilateral Competent Authority Agreement On Automatic Exchange Of Financial Account Information [CRS MCAA]

2018.3.20

2018.06.25

2018.09.01

Multilateral Competent Authority Agreemetn On Country-by-Country Reporting [CbC MCAA]

2018.07.26

 

2018.04.01

实施税收协定相关措施以防止税基侵蚀和利润转移的多边公约

Multilateral Convention To Implement Tax Treaty Related Measures To Prevent Base Erosion And Profit Shifting

2017.06.07

   
 

[i] China extended the application of the Convention to Hong Kong.

[ii] China deposited the unilateral declaration on the effective date for exchange of information with respect to AEOI to Hong Kong.

[iii] the Convention came into force for Hong Kong.

 

Hong Kong Domestic Tax Rules

 

名称
Designation

签署日期
Signed on

生效日期
Effective from

执行日期
Applicable since

税务(修订)条例 2018

Inland Revenue (Amendment) Ordinance 2018 [CRS domestic tax rule]

 

2018.02.02

2018.02.02 [i]

Inland Revenue (Amendment) (No. 6) Ordinance 2018 [CbC domestic tax rule]

 

2018.07.13

2018.04.01 [ii]

 

[i] For exchange of financial account information, the 2018 Inland Revenue (Amendment) Ordinance will take effect on 1st Jan 2019.

[ii] For CbC notification, it took effect for accounting period that begins on or after 1st Jan 2018. For master file and local file requirement, it took effect for accounting period commenced on or after 1st April 2018.

 

 

 


 

 

 

Global Forum

 

The Global Forum is short for "the Global Forum on Transparency and Exchange of Information for Tax Purposes".

China, Hong Kong, and Macau are members of the Global Forum.

See link to : {Global Forum}