國際稅收課后習(xí)題答案

1、探討)is International TaxWhat does it mainly address(International Tax is a science focusing on a serious tax issues resultingfrom different and conflictingtax rules made by particular決議 ).countries ,jurisdictions and resolutions(International tax in a board sence covers not only income but also turno

2、ver 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 taxe

3、s,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

4、,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 areterritorial.2)In China Continent wehavetaxes for interest,roya

5、lties,technicalfees,management fees (allofthem are 10% for non-resident,20%fort have them.resident ),while the others donof3)China Continent have value- added tax ,while the others don't have them.differences among UK,China Continent and Spain for the purposeCorporate income tax according to tab

6、le 2 1)Spain has the highest corporate tax rate to %.2)UK doesn't tax for many income whichChina Continent or Spain will taxsuch as Capital gains ,branch profits,dividends,technicalfeesandmanagement fees.differences among China Continent and foreign jurisdictionsforthepurpose of withholding taxe

7、s according to table 3and1)For branch profits, interest ,technical fees and management fees mostjurisdictionsdon't collect tax except Ireland(collect for interest)China Continent.2) Except Switzerland federal tax rates of dividends and interest are 35%and higher than China Continent,other jurisd

8、ictions ' withholding taxrates are mostly lower or equal to China Continent.Chapter2International Income Taxation does a country generally design its income taxation system（book page50）1）territorial（ 領(lǐng)土模式）： 2）Residency（ 屬人模式） : tax on the worldwide income of residents, and impose tax on the inco

9、me 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

10、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.tax Credit;Withholding t

11、ax;explanation:Thin Capitalization;ForeignInternational 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 t

12、his way,they transfer profits from high tax burdencountries to low tax burden countries or jurisdictions.Foreign tax Credit （外國稅收抵免） ：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

13、 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

14、 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 systemDeferral system is a tax incentive (激勵(lì)措施 )to encourage domestic taxresidence to make investment broad.But it may

15、 cause international tax avoidance.(缺點(diǎn)：可能造成國際避稅 ）International transfer pricing:International transfer pricing is a very important way for multinationalcompany to avoid international tax.Transfer pricing refers to a kind of non-market pricing action taken byrelated corporations to shift profits form

16、 high tax rate countries orjurisdictions to low tax rete regions.Chapter3Tax Residenceis the main difference between a tax resident and a non-tax resident fortax liability purposeIn general, a tax resident bears infinite tax liability ,should pay taxfor all of its income.A non-tax resident bears lim

17、ited tax liability, should pay tax for incomesourced from the country.you name some tests in determining whether a person is a residentfor corporation:place-of-incorporationtest,pIace-of-management test,residenceof theshareholders test for individiual: a fact-and-circumstances test ;abode test; numb

18、er of dayChin a:15year- temp orary reside nt,>5year - Ion g-term reside nt)test(into judgean example to prove how different countries apply differing tests a person's residenceFor example ,China for individual:domicile test,number of days(a full year);ireland for individual:number of days tes

19、t(183 days),domicile test for corporation:place-of-incorporation test or place-of-management test explanation: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

20、 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.If an individualdomicile test:or a corporation has its domicile in a country ,it is the country's tax is a common tax jur

21、isdiciton.Chapter4Income Source Jurisdiction and Rules is source jurisdictionSource jurisdiction is one important form of income tax is the mostimportant tax jurisdiction.(收入來源地管轄權(quán)是一種重要的，并且是最重要的稅收管轄權(quán) )All country and jurisdiction adopt source jurisdiction(所有的國家和地區(qū)都使用來源地管轄權(quán) )So called source jurisdic

22、tion refers to that as long as an tiem of incomeis sourced within the territory, the government of the territory has rightsto lavy income tax on it .(一筆所得只要來源于本國，就可以對(duì)其征稅or as sourceto determine the source of employment and personal services incomeIf the income derived from personal services performe

23、d by an employee, it is source of employment.If the income is performed by an independent contractor 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 ru

24、le 歸屬原則 rule 引力規(guī)則 ), it is the country income.PE: permanent establishment ， based on substance or people.( 場(chǎng)所：輔助性、準(zhǔn)備性不算；人：必須是非獨(dú)立代理人，經(jīng)常為公司簽訂合同的to determ ine the source of in vestme nt in comeDivide nd and in terest the in come is derived from own ersh ip of equity ,it is the source of in vestme nt in

25、 come.about US source rules are Chin a's source rulesAn RE(reside nt en ter pnse)must pay enterp rise in come tax to the Chin esegover nment on all its in come,regardlessof whether such in come is gen erated within or outside of defult tax rate for an RE ,p rior to any sp ecial tax treatme nt, i

26、s 25 p erce nt.An NRE( non reside nt enterp rise) that has any Op eratio nal Establishme nt inChi na is required to pay enterp rise in come tax only on its in come sourced from tax rate is 10 p erce nt.Chap ter 5Intern atio nal Double Taxatio n and Relief is Intern ati onal double taxati onInternati

27、onaldouble taxation is that the same item of asset is taxed twice or more tha n twice in a tax year.is the mai n differe nee betwee n legal In ter nati onal double taxatio n and econo mic In ter nati onal double taxati onLegal In ter nati onaldouble taxati on is for the sametax payers ,who are ofte

28、n branch companys, using direct credits.Economic Internationaldouble taxation is for differenttaxpayers,who are ofte n subside company s,us ing in direct credits.an exa mple to p rove Intern atio nal double taxati on aris ing from the same tax jurisdicti on and relief.approaches are used to solve In

29、ternationaldouble taxation resultingfrom reside nce-source con flictsUn ilateral,bilateral and multilateral app roaches.Deducti on method,exe mp ti on method,credit method and so on.is the main differe nee betwee n deducti on method and credit methodDeducti on:reduce all kinds of fees from taxable i

30、n come.Credit:reduce credit from tax due.sp ecific relief methods does intern ati onal com mun ity agree toThe OECD and UN models on ly authorize the credit and exe mp ti on method ,not the deduction method.:fullexemption;partialexemption;limitation on credit;full exemption: only levy tax on income

31、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,i

32、t should pay tax in arrears.Chapter 6International Tax Avoidance and Tax Haven is 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 definit

33、ion: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( 零稅率): do not have any of the three main direct taxes:No in come tax or corpo ratio n tax;No cap ital gains tax,a nd No in

34、 herita nee tax.2) Foreign Source Exempt Havens(外國來源豁免)：They only tax you on lacally derived in come.3) Low-Tax Havens(低稅率):Have sp ecial con cessi ons or double tax treaties.some non-tax features of a tax have nGen erally,a tax have n have these features:1) Small territory2) P rivacy3) Ease of resi

35、de nee4) Political stability5) P olitical stability6) Relaible com muni cati ons7) Good life factors.does an intern atio nal tax payer make use of a tax have n(in book P 104)methodologv1) Change personal residency.(改變居民身份)Relocate themselves in low-tax jurisdicti on.2) Asset hold in g.( 資產(chǎn)持有)Utilize

36、 a trust or a company which will be formed in tax have n.3) Trading and other business activity.生產(chǎn)經(jīng)營) Set up many businesseswhich do not require a specific geographical location or extensive labor in tax havens to minimimze tax exposure.4) Financial intermediaries. (通過財(cái)務(wù)金融中介公司) Use funds,banking,lif

37、e 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 t

38、o 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 Rules is International transfer pricingTransfer pricing refers to a kind of non-market pricing act

39、ion 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 purposeslike 1)occupy market 2)change the subsidiary 's image in order to gain other interest 3)avoid currency

40、control 4)minimize the expose to import duty5) earn excess profit an example to prove that International transfer pricing can be used to avoid international taxFor example,A has a product can be sold at 1000 dollars, but A sold it toshift to B 's countriesdon't have to payB at 100 B will sel

41、l it at 1000, 900 profit was or jurisdictions,andB was setup in tax haven,the group much tax.the main contents of International transfer pricing rulesInternationaltransfer pricing rules are a seriesof tax manage rules madeby countriesor governments in order to prevent corporations particularlymultin

42、ationalcorporations utilize International transfer pricing to avoidtax ,which cause government 's tax run off.:comparable uncontrolled price;costplus;resaleprice;transactionalnetmargin method;profit split method;comparabilityanalysisChapter8Controlled Foreign Corporation and Rulesdoes a multinat

43、ional firm use a CFC to avoid taxIn most cases,Chinese firms tend to not distribute or just distribute alittle profit from CFCto its parent , foreign firms usually let the profitstay in the CFC.is CFCCFC refers to firms con trolled by reside nt firms and theyare ofte n set in low tax rate or no tax

44、reigi ons.延遲繳納）and CFC rulesis the relati onship betwee n deferral system(The law of many coun tries does not tax a shareholder of a corpo rati on onth e corpo rati on ' s in come un tilthe in come is distributed as a divide nd.This divide nd could be avoided in defi nitely by loa ning the earni

45、ngs to the shareholder without actually declari ng a divide nd.The CFC rules were inten ded to cause curre nt taxati on to the shareholder where in come was of a sort that could be artificially shifted or was madeavailable to the thesame time, such rule were designed to interferewith's CFC rules

46、no rmal commercial p ractices.arethe main contents of a countryThe main contents of a country 's CFCrules are to pr eve nt reside nts(in clud ingin dividualsand firms)using con trolledforeig ncorpo rati ontoavoid tax burde n.were Chi na s CFC rules establishedYear 2009.you n ame any differe nces

47、 betwee n China and foreig n jurisdicti ons for purp oses of CFC rules a foreig n corpo ratio n which is established in a tax have n and con trolledby our reside nts be a CFC for our tax purp oseWhythe foreig n corpo ratio n iswon t1) a small corpo rati on (the total p rofit a year is less tha n 5 m

48、illio ns);2) the main in come was get from p ositive op erat ing activities, it be a CFC for our tax purp ose.Cha pter9Thin Cap italizati on and Rulesis thin cap italizati onThin cap italizati on is a method that tax payers borrow too much money from oversea related p arty and pay much in terest, so

49、 that they can enjoy much deducti on before this way,they tran sfer pr ofits from high tax burde n coun tries to low tax burde n coun tries or jurisdicti ons.an exa mple to p rove that thin cap italizatio n can be used to avoid tax.暫無are the main contents of thin cap italizati on rules 1)The relatio nship betwee n borrower and len der.2)Thedetermi natio n of excessive in terest.3) Treatme nt of excessive in terest:deemed divide nd and withhold ing tax is lavied.are the main features of the USA thi n cap italizatio n rulesabout thin cap italizati on rules in China4)