METHODS FOR THE ELIMINATION OF DOUBLE TAXATION Sample Clauses

METHODS FOR THE ELIMINATION OF DOUBLE TAXATION. 1. In China, double taxation shall be eliminated as follows: (a) Where a resident of China derives income from Mauritius the amount of tax on that income payable in Mauritius in accordance with the provisions of this Agreement, may be credited against the Chinese tax imposed on that resident. The amount of credit, however, shall not exceed the amount of the Chinese tax on that income computed in accordance with the taxation laws and regulations of China. (b) Where the income derived from Mauritius is a dividend paid by a company which is a resident of Mauritius to a company which is a resident of China and which owns not less than 10 per cent of the shares of the company paying the dividend, the credit shall take into account the tax paid in Mauritius by the company paying the dividend in respect of the profits out of which the dividend is paid. 2. In Mauritius, double taxation shall be eliminated as follows: (a) Where a resident of Mauritius derives income from China, the amount of tax on that income payable in China in accordance with the provisions of this Agreement, may be credited against the Mauritius tax imposed on that resident. The amount of credit, however, shall not exceed the amount of the Mauritius tax on that income computed in accordance with the taxation laws and regulations of Mauritius. (b) Where the income derived from China is a dividend paid by a company which is a resident of China to a company which is a resident of Mauritius and which owns not less than 10 per cent of the shares of the company paying the dividend, the credit shall take into account the tax paid in China by the company paying the dividend in respect of the profits out of which the dividend is paid. 3. The tax paid in a Contracting State mentioned in paragraphs 1 and 2 of this Article, shall be deemed to include the tax which would have been payable but for the legal provisions concerning tax reduction, exemption or other tax incentives of the Contracting State for the promotion of economic development.

METHODS FOR THE ELIMINATION OF DOUBLE TAXATION. 1. In China, double taxation shall be eliminated as follows: (a) where a resident of China derivesincome from Poland, the amount of tax on that income payable in Poland, in accordance with the provisions of this Agreement, may be credited against the Chinese tax imposed on that resident. The amount of credit, however, shall not exceed the amount of the Chinese tax on that income computed in accordance with the taxation laws and regulations of China. (b) Where the income derived from Poland is a dividend paid by a company which is a resident of Poland to a company which is a resident of China and which owns not less than 10 percent of the shares of the company paying the dividend, the credit shall take into account the tax paid to Poland by the company paying the dividend in respect of its income. 2. In Poland, double taxation shall be eliminated as follows: (a) Where a resident of Poland derives income which, in accordance with the provisions of this Agreement may be taxed in China, Poland shall, subject to the provisions of sub-paragraphs (b) to (d) of this paragraph, exempt such income from tax. (b) Where a resident of Poland derives income which, in accordance with the provisions of Articles 10, 11 and 12 of this Agreement may be taxed in China, Poland shall allow as a deduction from the tax on the income of that resident an amount equal to the tax paid in China. Such deduction shall not, however, exceed that part of the tax, as computed before the deduction is given, which is appropriate to such income derived from China. (c) For the purpose of sub-paragraph (b) the Chinese tax to be deducted shall be deemed to be 10 per cent of the gross amount of dividend, interest or royalties. (d) Where in accordance with any provisions of the Agreement income derived by a resident of Poland is exempt from tax in Poland, Poland may in calculating the amount of tax on the remaining income of such resident apply the rate of tax which would have been applicable if the exempted income had not been so exempted.

METHODS FOR THE ELIMINATION OF DOUBLE TAXATION. 1. In China, double taxation shall be eliminated as follows: (a) Where a resident of China derives income from Israel the amount of tax on that income payable in Israel in accordance with the provisions of this Agreement, may be credited against the Chinese tax imposed on that resident. The amount of credit, however, shall not exceed the amount of the Chinese tax on that income computed in accordance with the taxation laws and regulations of China. (b) Where the income derived from Israel is a dividend paid by a company which is a resident of Israel to a company which is a resident of China and which owns not less than 10 per cent of the shares of the company paying the dividend, the credit shall take into account the tax paid to Israel by the company paying the dividend in respect of its income. 2. In Israel, double taxation shall be eliminated as follows: (a) subject to the laws of Israel regarding the allowance as a credit against Israeli tax of tax paid in any country other than Israel (which shall not affect the general principle hereof), Chinese tax paid in accordance with the provisions of this Agreement shall be allowed as a credit against Israeli tax payable in respect of that income. The amount of credit shall not, however, exceed the portion of Israeli tax which is attributable to that income. (b) where the income derived from China is a dividend paid by a company which is a resident of China to a company which is a resident of Israel and which owns not less than 10 per cent of the rights to participate in the profits of the company paying the dividend, the credit referred to in subparagraph a shall also include tax paid by the company paying the dividend in respect of its profits out of which the dividend is paid.

METHODS FOR THE ELIMINATION OF DOUBLE TAXATION. (1) In the case of Austria, double taxation shall be eliminated as follows: a) Where a resident of Austria derives income or owns capital which, in accordance with the provisions of this Convention, may be taxed in Mongolia, Austria shall, subject to the provisions of subparagraphs b) to e), exempt such income or capital from tax. b) Where a resident of Austria derives items of income which, in accordance with the provisions of Articles 10, 11 and 12, may be taxed in Mongolia, Austria shall allow as a deduction from the tax on the income of that resident an amount equal to the tax paid in Mongolia. Such deduction shall not, however, exceed that part of the tax, as computed before the deduction is given, which is attributable to such items of income derived from Mongolia. c) For the purpose of the credit referred to in subparagraph b) of this paragraph the Mongolian tax shall be deemed to be 10 per cent of the gross amount in the case of income referred to in Article 10 paragraph 1 subparagraph b), Article 11 paragraph 2, Article 12 paragraphs 2 and 3. d) Dividends in the sense of subparagraph a) of paragraph 1 of Article 10 paid by a company which is a resident of Mongolia to a company which is a resident of Austria shall be exempt from tax in Austria, subject to the relevant provisions of the domestic law of Austria, however, notwithstanding any deviating minimum participation requirements provided for by that law. e) Where in accordance with any provision of the Convention income derived or capital owned by a resident of Austria is exempt from tax in Austria, Austria may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted income or capital. (2) In the case of Mongolia, double taxation shall be eliminated as follows: Where a resident of Mongolia derives income or owns capital from Austria the amount of tax that is payable in Austria in accordance with the provisions of this convention may be deducted from the Mongolian tax imposed on that resident. The amount of the deduction, however, shall not exceed the amount of the Mongolian tax on that income or capital computed in accordance with the taxation laws and regulations of Mongolia.

METHODS FOR THE ELIMINATION OF DOUBLE TAXATION. 1. Double taxation shall be eliminated as follows: (a) In China, where a resident of China derives income from Seychelles the amount of tax on that income payable in Seychelles in accordance with the provisions of this Agreement, may be credited against the Chinese tax imposed on that resident. The amount of the credit, however, shall not exceed the amount of the Chinese tax on that income computed in accordance with the taxation laws and regulations of China. (b) In Seychelles, Chinese tax paid by residents of Seychelles in respect of income taxable in China, in accordance with the provisions of this Agreement, shall be deducted from the taxes due according to Seychelles fiscal law. Such deductions shall not, however, exceed an amount which bears to the total Seychelles tax payable the same ratio as the income concerned bears to the total income. 2. For the purposes of paragraph 1 of this Article, the terms “Seychelles tax paid” and “Chinese tax paid” shall be deemed to include the amount of tax which would have been paid in Seychelles or China, as the case may be, but for an exemption or reduction granted in accordance with laws designed to promote economic development in that Contracting State.

METHODS FOR THE ELIMINATION OF DOUBLE TAXATION. 1. In China, double taxation shall be eliminated as follows: Where a resident of China derives income from Brunei Darussalam the amount of tax payable on that income in Brunei Darussalam in accordance with the provisions of this Agreement, may be credited against the Chinese tax imposed on that resident. The amount of the credit, however, shall not exceed the amount of the Chinese tax on that income computed in accordance with the taxation laws and regulations of China. 2. In Brunei Darussalam, double taxation shall be eliminated as follows: Subject to the provisions of the laws of Brunei Darussalam regarding allowance as a credit against Brunei Darussalam tax of tax payable in a territory outside Brunei Darussalam (which shall not affect the general principle hereof), tax payable under the laws of Brunei Darussalam and in accordance with this Agreement, whether directly or by deduction, on profits or income from sources within China shall be allowed as a credit against any Brunei Darussalam tax computed by reference to the same profits or income on which the Chinese tax is computed. 3. For the purposes of this Article, the term “tax payable” shall be deemed to include the amount of tax which would have been paid if the tax had not been exempted or reduced in accordance with the relevant special incentive laws designed to promote economic development in either Contracting State. The provision of this paragraph shall be effective for a period of 10 years starting from the entry into force of this Agreement. However, the period may be extended by mutual agreement of the competent authorities of the Contracting States.

METHODS FOR THE ELIMINATION OF DOUBLE TAXATION. Double taxation shall be eliminated as follows:

METHODS FOR THE ELIMINATION OF DOUBLE TAXATION. 1. The laws in force in either of the Contracting States shall continue to govern the taxation in the respective Contracting State except where provisions to the contrary are made in this Agreement. 2. It is agreed that double taxation shall be avoided in accordance with the following paragraphs of this Article. 3. In the case of the U.A.E.: If a resident of the U.A.E. owns items of income which are taxable in China, the U.A.E. may tax these items of income and may give credit for the Chinese taxes suffered in accordance with the provisions of its domestic law. In such a case, the U.A.E. may deduct from the taxes so calculated the tax paid in China but in an amount not exceeding that proportion of the aforesaid U.A.E.'s tax which such items of income bear to the entire income. 4. In the case of China: (a) where a resident of China derives income from the U.A.E., the amount of tax on that income payable in the U.A.E. in accordance with the provisions of this Agreement, may be credited against the Chinese tax imposed on that resident. The amount of credit, however, shall not exceed the amount of the Chinese tax on that income computed in accordance with the taxation laws and regulations of China. (b) Where the income derived from the U.A.E. is a dividend paid by a company which is a resident of the U.A.E. to a company which is a resident of China and which owns not less than 10% of the shares of the company paying the dividend, the credit shall take into account the tax paid to the U.A.E. by the company paying the dividend in respect of its income. 5. For the purposes of the credit referred to in paragraph 3, the amount of Chinese tax imposed on items of income under Articles 10, 11 and 12 shall be deemed to have been paid at: (a) 20% of the gross amount of dividends; (b) 20% of the gross amount of interest; (c) 20% of the gross amount of royalties. 6. For the purposes of the credit referred to in paragraph 3, Chinese tax payable shall be deemed to include the amount of Chinese tax which would have been paid if the Chinese tax had not been exempted, reduced or refunded in accordance with: (a) The provisions of Articles 7, 8, 9 and 10 of the Income Tax Law of the People's Republic of China for Enterprises with Foreign Investment and Foreign Enterprises, and the related provisions in Chapter 6 "Tax Preference" of the Detailed Rules and Regulations for the Implementation of the Income Tax Law of the People's Republic of China for Enterprises with Foreign Invest...

METHODS FOR THE ELIMINATION OF DOUBLE TAXATION. 1. In the Netherlands, double taxation shall be eliminated as follows: (a) The Netherlands, when imposing tax on its residents, may include in the basis upon which such taxes are imposed the items of income which, according to the provisions of this Agreement, may be taxed in China. (b) However, where a resident of the Netherlands derives items of income which may be taxed in China and are included in the basis referred to in sub-paragraph (a), the Netherlands shall exempt such items of income by allowing a reduction of its tax. This reduction shall be computed in conformity with the provisions of Netherlands law for the avoidance of double taxation. For that purpose the said items of income shall be deemed to be included in the total amount of the items of income which are exempt from Netherlands tax under those provisions. (c) Notwithstanding the provisions of sub-paragraph (b), the Netherlands shall allow a deduction from the Netherlands tax so computed for the items of income which according to paragraph 2 of Article 10, paragraph 2 of Article 11, paragraph 2 of Article 12, paragraphs 1 and 2 of Article 17 and paragraph 3 of Article 22 of this Agreement may be taxed in China to the extent that these items are included in the basis referred to in sub-paragraph (a) . The amount of this deduction shall be equal to the tax paid in China on these items of income, but shall not exceed the amount of the reduction which would be allowed if the items of income so included were the sole items of income which are exempt from Netherlands tax under the provisions of Netherlands law for the avoidance of double taxation. (d) For the purposes of sub-paragraph (c), the tax paid in China on interest to which paragraph 2 of Article 11 applies and on royalties to which paragraph 2 of Article 12 applies shall be deemed to be 10 per cent of the gross amount of such interest and 15 per cent of the gross amount of such royalties. 2. In China, double taxation shall be eliminated as follows: (a) Where a resident of China derives income from the Netherlands the amount of tax on that income payable in the Netherlands in accordance with the provisions of this Agreement, may be credited against the Chinese tax imposed on that resident. The amount of credit, however, shall not exceed the amount of the Chinese tax on that income computed in accordance with the taxation laws and regulations of China. (b) Where the income derived from the Netherlands is a dividend paid by a company whi...

METHODS FOR THE ELIMINATION OF DOUBLE TAXATION. 1. In Nigeria, double taxation shall be eliminated as follows: a) Chinese tax payable under the laws of China and in accordance with this Agreement, whether directly or by deduction, on profits, income, or chargeable gains from sources within China (excluding in the case of a dividend, tax payable in respect of the profits out of which the dividend is paid) shall be allowed as a credit against any Nigerian tax computed by reference to the same profit, income or chargeable gains by reference to which Chinese tax is computed; b) in the case of a dividend paid by a company which is a resident of China to a company which is a resident of Nigeria and which controls directly or indirectly at least ten per cent of the voting power in the company paying the dividend, the credit shall take into account (in addition to any Chinese tax for which credit may be allowed under the provisions of sub-paragraph (a) of this paragraph) Chinese tax payable by the company in respect of the profits out of which such dividend is paid. 2. In China, double taxation shall be eliminated as follows: Where a resident of China derives income from Nigeria the amount of tax on that income payable in Nigeria in accordance with the provisions of this Agreement, may be credited against the Chinese tax imposed on that resident. The amount of the credit, however, shall not exceed the amount of the Chinese tax on that income computed in accordance with the taxation laws and regulations of China.