國(guó)際稅收課后習(xí)題答案

1、is international taxwhat does it mainly address(探討)international tax is a science focusing on a serious tax issues resulting from different and conflictingtax rules made by particularcountries , jurisdictions and resolutions ( 決議).international tax in a board sence covers not only income but also tu

2、rnover 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

3、 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

4、 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 wehave taxes for int

5、erest, royalties, technicalfees, management fees (allof them are 10% for non-resident, 20%forresident ), while the others don t have them.3)china continent have value- added tax , while the others don，t have them.differences among uk, china continent and spain for the purposeofcorporate income tax a

6、ccording to table 2 1)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 andmanagement fees.differences among china continent and foreign jurisdictionsfor thepurpose of

7、 withholding taxes according to table 3l)for branch profits, interest ,technical fees and management fees most jurisdictions don，t collect tax except ireland(collect for interest)andchina continent.2) except switzerland federal tax rates of dividends and interest are 35%and higher than china contine

8、nt ,other jurisdictions 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 worldwideincome of residents, and impose tax

9、 on the income of nonresidents from certain sources within the country. usa.3） exclusion （例夕卜） ：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

10、 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.explanati

11、on:thin capitalization;foreigntax 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 ded

12、uction before this way, they transfer profits from high tax burdencountries to low tax burden countries or jurisdictions.foreign tax credit （外國(guó)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

13、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 red

14、uced 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 systemdeferral system is a tax incentive （ 激勵(lì)措施）to encourage domestic tax residence to make investment

15、broad.but it may cause international tax avoidance.（ 缺點(diǎn)： 可能造成國(guó)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 byshareholders test for ind

16、ividiual: a factand-circumstances test ;abode test; related corporations to shift profits form high tax rate countries or jurisdictions to low tax rete regions.chapterstax residenceis the main difference between a tax resident and a non-tax resident for tax liability purposein general, a tax residen

17、t 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-incorporationtest,place-ofmanagement test

18、,residenceof thenumber of daychin a: 1 5year - temp orary reside nt, 5year - ion g-term reside nt)an example to prove how different countries apply differing tests a test (in persons residencefor example ,to judgechina for individual:domicile test, number of days(a. full year);for corporation:place-

19、of-incorporation test or p1ace-of-management test ireland for individual:number of days test (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 ta

20、x 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

21、or a corporation has its domicile in a country , it is the countrys tax is a common tax jurisdiciton.chapter4income source jurisdiction and rules is source jurisdictionsource jurisdiction is one important form of income tax is the most important tax jurisdiction.（收入來(lái)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 coun

22、try and jurisdiction adopt source jurisdiction（所有的國(guó)家和地區(qū)都使用來(lái)源地管轄權(quán)）so called source jurisdiction 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(lái)源于本國(guó)，就可以對(duì)其征稅to determine the source of employment an

23、d 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 professional , it is source of personal service income.or ato determine the source location of business incomewhat is pe

24、if the income is attributable to a pe（permanent establishment） in the country（ues rule 歸屬原貝lj rule 弓i 力規(guī)貝u ）, it is the country income.pe: permanent establishment , based on substance or people, s source （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 a

25、nd in terest the in come is derived from own ersh ip of equity , it is the source of in vestme nt in come.about us source rules are chin as 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, regardless of whether such in come is g

26、en erated within or outside of defult tax rate for an re , p rior to any sp ecial tax treatme nt, is 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

27、.chap ter 5intern atio nal double taxatio n and relief is intern ati onal double taxati oninternational double 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

28、onal double taxati onlegal in ter nati onal double taxati on is for the sametax payers , who are ofte n branch companys, using direct credits.economic international double taxation is for different taxpayers, who are ofte n subside company s, us ing in direct credits.an exa mple to p rove intern ati

29、o nal double taxati on aris ing from the same tax jurisdicti on and relief.approaches are used to solve international double taxation resulting from 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

30、main differe nee betwee n deducti on method and credit methoddeducti on:reduce all kinds of fees from taxable in 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 th

31、e deduction method.:fullexemption;partialexemption;limitation on credit;full exemption: only levy tax on income from resident companys 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

32、 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 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

33、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(零稅率)：do not have

34、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 herita nee tax.2) foreign source exempt havens (外國(guó)來(lái)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 featur

35、es of a tax have ngen erally, a tax have n have these features:1) small territory2) p rivacy3) ease of reside 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)methodology1) chang

36、e 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 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(yíng))set up many businesseswhich do not require a specific geographical location or extensive lab

37、or in tax havens to minimimze tax exposure.4) financial intermediaries.(通過(guò)財(cái)務(wù)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 di

38、visions 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 pri

39、cing and rules is 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

40、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 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 so

41、ld at 1000 dollars, but a sold it tob at 100 b will sell it at 1000, 900 profit was or shift to b s countries jurisdictions,andb was setup in tax haven,the group much tax.don，t have to paythe main contents of international transfer pricing rulesinternational transfer pricing rules are a series of ta

42、x 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;transactionalnetmargin method;profit

43、 split method;comparabilityanalysischapterscontrolled 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 cfcto its parent , foreign firms usually let the profit stay in the cfc.is cfc

44、cfc refers to firms con trolled by reside nt firms and theyare ofte n set in low tax rate or no tax reigi ons.is the relati onship betwee n deferral system( 延遲繳納)and cfc rulesthe law of many coun tries does not tax a shareholder of a corpo rati on on th e corpo rati on s in come un til the in come i

45、s distributed as a divide nd. this divide nd could be avoided in defi nitely by loa ning the earnings 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

46、or was madeavailable to the the same time, such rule were designed to interfere with no rmal commercial p ractices.arethe main contents of a country s cfc rulesthe main contents of a country s cfcrules are to pr eve nt reside nts(in clud ingin dividuals and firms) using con trolledforeig n corpo rat

47、i on to avoid tax burde n.were chi na s cfc rules establishedyear 2009.you n ame any differe nces 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 f

48、oreig n corpo ratio n is1) a small corpo rati on (the total p rofit a. year is less tha n 5 millio ns);2) the main in come was get from p ositive op erat ing activities, it be a won t cfc for our tax purp ose.cha pter9thin cap italizati on and rulesis thin cap italizati onthin cap italizati on is a

49、method that tax payers borrow too much money from oversea related p arty and pay much in terest, so 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 italiz

50、atio n can be used to avoid tax.暫無(wú)are the main contents of thin cap italizati on rules l)the relatio nship betwee n borrower and len der.2)thedetermi natio n of excessive in terest.3) treatme nt of excessive in terest: deemeddivide nd and withhold ing tax is lavied.are the main features of the usa thi n cap italizatio n rulesabout thin cap italizati on ru