The author in the end conceives the framework of China's CFC legislation, and renders his suggestions on how to resolve contradictions between the future CFC legislation and tax treaties.
Therefore, the experience and lessons of other countries' treaty practices in eliminating any contradictions between their CFC legislations and tax treaties show that it is necessary to incorporate a specific reserving clause in the tax treaty or to include a treaty-overriding provision in the CFC legislations.
To improve the procedure of tax treaty dispute settlement and accelerate the development of foreign economic,it is necessary to introduce the arbitration procedure in our country's tax treaties,and it is also feasible.
The international taxation principles (including sales tax, capital gain tax, tax adminational and tax treaties) made in accordance with the traditional economic trade may pose a lot of problems.
The common practice of preventing double taxation is usually achieved by negotiations between different tax jurisdictions, resulting in the sign of tax treaties. But when it comes to handling tax avoidance, the perceptions and approaches vary due to the disparities of history background, political and economical system, tax regime and legal system of countries around the world.
Robust to a wide variety of alternative specifications, we find little evidence that bilateral tax treaties increase FDI activity, contrary to OECD-stated goals for such treaties.
Lately,an increasing number of states introduce the arbitration provision in their tax treaties,and try to resolve the disputes by arbitration.To improve the procedure of tax treaty dispute settlement and accelerate the development of foreign economic,it is necessary to introduce the arbitration procedure in our country's tax treaties,and it is also feasible.On the problem of designing the arbitration provision,it is especially to take attention on the relation of the mutual ag...
Fair implementation of tax treaties can not only facilitate taxpayers to enjoy preferential tax policies and avoid double taxation but also contribute to protecting national tax benefits. In practice,however,relevant tax regulations fail to provide an efficient tool to address some difficult issues in implementing tax treaties due to their implicit wordings.Among them stands out two specific issues,namely the determination of permanent establishment(PE)a...
This article argues that tax treaties have another important objective besides avoiding double taxation of income tax. That is to prevent fiscal evasions. Anti-tax- evasion is an important content of tax treaties. To prevent the possibility of treaty shopping and fiscal evasion in tax treaties, the article enumerates from the viewpoint of tax evasion, and suggests that the model treaty be timely revised,correlative domestic legal system be accompli...