国际税收课后习题答案 Modified by JEEP on December 26th, 2020.C h a p t e r 1is International TaxWhat does it mainly address(探讨)International Tax is a science focusing on a serious tax issues resulting from different and conflicting tax rules made by particular countries ,jurisdictions and resolutions(决议). International tax in a board sence covers not only income but also turnover taxes,etc.about differences between China and USA on taxation system1)The USA is a country with income taxes as a major tax while in China we have turn over taxes as our important taxes.2)The federal government,state government and local government of the USA have pretty rights to collect taxes,while the rights to collect taxes are mostly controlled in central government.3)The USA use comprehensive income tax system and deduct fees refers to different use itemized income tax system.4)In the respect of estate tax, real estate tax is the mainly object to be taxed .differences among Macau,China Continent and HongKong for the purpose of tax features according to table 11)The corporate income tax rates in China Continent is the highest in these three ,to 25%.The tax base of China Continent Is worldwide while the others are territorial.2)In China Continent we have taxes for interest,royalties,technical fees,management fees (all of them are 10% for non-resident,20%for resident ),while the others don’t have them.3)China Continent have value-added tax ,while the others don’t have t hem.differences among UK,China Continent and Spain for the purpose of Corporate income tax according to table 21)Spain has the highest corporate tax rate to %.2)UK doesn’t tax for many income which China Continent or Spain will tax such as Capital gains ,branch profits,dividends, technical fees and management fees.differences among China Continent and foreign jurisdictions for the purpose of withholding taxes according to table 31)For branch profits, interest ,technical fees and management fees most jurisdictions don’t collect tax except Ireland(collect for interest) and China Continent.2)Except Switzerland federal tax rates of dividends and interest are 35% and higher than China Continent ,other jurisdictions’ withholding tax rates are mostly lower or equal to China Continent.Chapter2International Income Taxationdoes a country generally design its income taxation system(book page50)1)territorial(领土模式）：2)Residency(属人模式）:tax on the worldwide income of residents, and impose tax on the income of nonresidents from certain sources within the country. USA.3)Exclusion(例外）:specific inclusion or exclusion of certain amounts,classes,or items of income in/from the base of taxation.4)Hybrid(混合模式):some governments have chosen for all or only certain classes of taxpayers, to adopt systems that are a combination of territorial, residency, or exclusionary.is it important to make clear source of incomeTo make clear source of income is important because it decidides that whether a individual or corporation should pay tax in a country and what credits can it enjoy.explanation:Thin Capitalization;Foreign tax Credit;Withholding tax; International tax treaty; Deferral system; International transfer pricingThin Capitalization:Thin capitalization is a method that taxpayers borrow too much money from oversea related party and pay much interest, so that they can enjoy much deduction before this way,they transfer profits from high tax burden countries to low tax burden countries or jurisdictions. Foreign tax Credit（外国税收抵免）：If you paid or accrued foreign taxes to a foreign country on foreign source income and are subject to resident country tax on the same income, you may be able to take a credit for those taxes.Taken as a credit, foreign income taxes reduce your own country tax liability.Withholding tax:Withholding tax is tax withheld by the country when a corporation making a payment to its resident country , in which the full amount owed to that corporation is reduced by the tax withheld.International tax treaty:International tax treaty is a treaty a country (or jurisdiction) signed with other countries (or jurisdiction) for affairs about taxation.Deferral system：Deferral system is a tax incentive (激励措施)to encourage domestic tax residence to makeinvestment broad.But it may cause international tax avoidance.(缺点：可能造成国际避税)International transfer pricing:International transfer pricing is a very important way for multinational company to avoid international tax.Transfer pricing refers to a kind of non-market pricing action taken by related corporations to shift profits form high tax rate countries or jurisdictions to low tax rete regions.Chapter3Tax Residenceis the main difference between a tax resident and a non-tax resident for tax liability purposeIn general, a tax resident bears infinite tax liability ,should pay tax for all of its income.A non-tax resident bears limited tax liability, should pay tax for income sourced from the country.you name some tests in determining whether a person is a residentfor corporation:place-of-incorporation test,place-of-management test,residence of the shareholders testfor individiual:a fact-and-circumstances test ;abode test; number of day test(in China:1~5year – temporary resident,>5year - long-term resident)an example to prove how different countries apply differing tests to judge a person's residence For example ,China for individual:domicile test,number of days(a full year);for corporation:place-of-incorporation test or place-of-management testireland for individual:number of days test(183 days),domicile testfor corporation:place-of-incorporation test or place-of-management testexplanation:Tax residence;dual resident;domicile test;Tax residence:If an individual or a corporation is a tax residence ,it bears infinite tax liabilitis to its own is, in common law jurisdictions.dual resident:dual resident means an individual or a corporation is resident taxpayer in two countries at the same often occurs when two use different standard for tax residence.domicile test:If an individual or a corporation has its domicile in a country ,it is the country's tax is a common tax jurisdiciton.Chapter4Income Source Jurisdiction and Rulesis source jurisdictionSource jurisdiction is one important form of income tax is the most important tax jurisdiction.(收入来源地管辖权是一种重要的，并且是最重要的税收管辖权)All country and jurisdiction adopt source jurisdiction(所有的国家和地区都使用来源地管辖权)So called source jurisdiction refers to that as long as an tiem of income is sourced within the territory, the government of the territory has rights to lavy income tax on it .(一笔所得只要来源于本国，就可以对其征税)to determine the source of employment and personal services incomeIf the income derived from personal services performed by an employee, it is source of employment.If the income is performed by an independent contractor or a professional ,it is source of personal service income.to determine the source location of business IncomeWhat is PEIf the income is attributable to a PE(permanent establishment) in the country(ues rule 归属原则 rule引力规则), it is the country’s source income.PE: permanent establishment，based on substance or people.(场所：辅助性、准备性不算；人：必须是非独立代理人，经常为公司签订合同的等)to determine the source of investment incomeDividend and interest the income is derived from ownership of equity ,it is the source of investment income.about US source rulesare China's source rulesAn RE(resident enterprise)must pay enterprise income tax to the Chinese government on all its income,regardless of whether such income is generated within or outside of defult tax rate for an RE ,prior to any special tax treatment, is 25 percent.An NRE(nonresident enterprise) that has any Operational Establishment in China is required to pay enterprise income tax only on its income sourced from tax rate is 10 percent.Chapter 5International Double Taxation and Reliefis International double taxationInternational double taxation is that the same item of asset is taxed twice or more than twice in a tax year.is the main difference between legal International double taxation and economic International double taxationLegal International double taxation is for the same taxpayers ,who are often branch companys, using direct credits.Economic International double taxation is for different taxpayers,who are often subside companys,using indirect credits.an example to prove International double taxation arising from the same tax jurisdiction and relief.approaches are used to solve International double taxation resulting from residence-source conflictsUnilateral,bilateral and multilateral approaches.Deduction method,exemption method,credit method and so on.is the main difference between deduction method and credit methodDeduction:reduce all kinds of fees from taxable income.Credit:reduce credit from tax due.specific relief methods does international community agree toThe OECD and UN models only authorize the credit and exemption method,not the deduction method.:fullexemption;partialexemption;limitation on credit;full exemption:only levy tax on income from resident company's own country.partial exemption:give resident company a part of tax exemption for overseas income.limitation on credit:the tax rate of resident company's own country multiply by the income in the country.If the taxpayer paied a amount of tax less than the limitation,it should pay tax in arrears. Chapter 6International Tax Avoidance and Tax Havenis tax havenTax haven is a country or jurisdiction which has low tax rate or no tax so that people choose to live or register company there to avoid the high tax burden in their own country or jurisdiction. Another definition:A tax haven is a country or territory where taxes are lavied at a low rate or not at all.(in the book)many types of tax havens are there in the worldThere.1）Nil-Tax Havens(零税率):do not have any of the three main direct taxes:No income tax or corporation tax;No capital gains tax,and No inheritance tax.2）Foreign Source Exempt Havens(外国来源豁免)：They only tax you on lacally derived income.3）Low-Tax Havens(低税率):Have special concessions or double tax treaties.some non-tax features of a tax havenGenerally,a tax haven have these features:1)Small territory2)Privacy3)Ease of residence4)Political stability5)Political stability6)Relaible communications7)Good life factors.does an international taxpayer make use of a tax haven(in book P104)methodology1)Change personal residency.(改变居民身份)Relocate themselves in low-tax jurisdiction.2)Asset holding.(资产持有)Utilize a trust or a company which will be formed in tax haven.3)Trading and other business activity.（生产经营）Set up many businesses which do not require a specific geographical location or extensive labor in tax havens to minimimze tax exposure.4)Financial intermediaries.（通过财务金融中介公司）Use funds,banking,life insurance and with the intermediary in the low-tax jurisdiction.China have anti-tax-haven rulesCFC rules.are the advantages of being a tax havenBeing a tax haven ,a jurisdiction can1) have divisions of multinational locating there and employ some of the local population;2)transfer needed skills to the local population;3)go a long way to attracting foreign companies.are the reasons for some jurisdictions desiring to be tax havensThe same as question6.Chapter 7International Transfer Pricing and Rulesis International transfer pricingTransfer pricing refers to a kind of non-market pricing action taken by related corporations to shift profits form high tax rate countries or jurisdictions to low tax rete regions.The main purposes are reduce tax burden and a series of non-tax purposes like 1)occupy market 2)change the subsidiary’s image in order to gain other interest 3)avoid currency control 4)minimize the expose to import duty 5)earn excess profit …an example to prove that International transfer pricing can be used to avoid international tax For example,A has a product can be sold at 1000 dollars, but A sold it to B at 100 B will sell it at 1000, 900 profit was shift to B’s countries or jurisdictions,and B was setup in tax haven,the group don’t have to pay much tax.the main contents of International transfer pricing rulesInternational transfer pricing rules are a series of tax manage rules made by countries or governments in order to prevent corporations particularly multinational corporations utilize International transfer pricing to avoid tax ,which cause government’s tax run off.:comparable uncontrolled price;costplus;resaleprice;transactional net margin method;profit split method;comparabilityanalysisChapter8Controlled Foreign Corporation and Rulesdoes a multinational firm use a CFC to avoid taxIn most cases,Chinese firms tend to not distribute or just distribute a little profit from CFC to its parent , foreign firms usually let the profit stay in the CFC.is CFCCFC refers to firms controlled by resident firms and theyare often set in low tax rate or no tax reigions.is the relationship between deferral system(延迟缴纳) and CFC rulesThe law of many countries does not tax a shareholder of a corporation on the corporation’s income until the income is distributed as a dividend.This dividend could be avoided indefinitely by loaning the earnings to the shareholder without actually declaring a dividend.The CFC rules were intended to cause current taxation to the shareholder where income was of a sort that could be artificially shifted or was made available to the the same time, such rule were designed to interfere with normal commercial practices.arethe main contents of a country’s CFC rulesThe main contents of a country’s CFCrules are to prevent residents (including individuals and firms) using controlled foreign corporation to avoid tax burden.were China’s CFC rules establishedYear 2009.you name any differences between China and foreign jurisdictions for purposes of CFC rules a foreign corporation which is established in a tax haven and controlled by our residents be a CFC for our tax purposeWhythe foreign corporation is1)a small corporation(the total profit a year is less than 5 millions);2)the main income was get from positive operating activities, it won’t be a CFC for our tax purpose.Chapter9Thin Capitalization and Rulesis thin capitalizationThin capitalization is a method that taxpayers borrow too much money from oversea related party and pay much interest, so that they can enjoy much deduction before this way,they transfer profits from high tax burden countries to low tax burden countries or jurisdictions.an example to prove that thin capitalization can be used to avoid tax.暂无are the main contents of thin capitalization rules1)The relationship between borrower and lender.2)Thedetermination of excessive interest.3)Treatment of excessive interest: deemed dividend and withholding tax is lavied.4)are the main features of the USA thin capitalization rulesabout thin capitalization rules in ChinaChina use ALP(arm’s lenth principle)/fixed Debt-to-Equity Ratio /Earnings stripping(收益剥离法)。