2. 5% when X receives it (agreement between C&A)
The total of 1& 2 will work out to be 10%. Thus X can save a total to 5% .
The basic of treaty shopping is the establishment of base companies solely for the purpose of enjoying the benefits of a particular treaty rules.
The majority of treaties limit tax 本文来自辣.文,论-文·网原文请找腾讯3249。114 between the beneficiary and the payer. The Ramsay rule
of United Kingdom, “Substance over form”42 doctrine of United States and various anti
treaty shopping rules enumerated in the tax treaties concluded between states is used as a defense mechanism to protect misuse of DTAA
Steps taken by the %ations to prevent Tax Evasion by M%C’s
The next major issue in the United Kingdom-United States Convention deals with problems of transfer pricing as an aspect of tax evasion. Article 9 provides that where an enterprise resident in one state is associated with an enterprise in another state, and the two enterprises would have paid taxes on income in the first state but for commercial or financial conditions imposed between the two entities which differ from those which would have been made between independent enterprises, then any income or payments affected by the conditions may be taken into account in computing the profits or losses of
that enterprise in the other state. The latter state must, however, make such adjustments
as may be appropriate to the amount of tax charged on those points. Any disagreements as to the amount taken into account in the computation process will be resolved by mutual agreement between the parties. Another principal clause in the United Kingdom-United States Convention details the exchange of information and mutual administrative assistance Authorities of each state are to exchange information available under their respective tax laws to execute the transforming provision, prevent tax fraud, and administer statutory provisions against legal avoidance of taxes.
The Singapore-Netherlands Agreement employs provisions very similar or identical to the United Kingdom-United States Convention. The Peoples' Republic of China-Japan Convention also contains provisions on these issues. First, profits are to be allocated (and taxed accordingly) to the subsidiary or branch operation on a pro rata basis as if it were a
wholly independent enterprise. The Denmark-Malaysia Agreement and the Denmark
Kenya Convention are also similar with respect to tax avoidance and evasion. Information is to be exchanged to carry out the agreements' provisions, prevent fraud,
prevent underpayment of taxes for reasons other than fraud (i.e., other fiscal evasion), or to
administer statutory provisions against legal avoidance.
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