Research On The Impact Of The Multilateral Convention To Implement Tax Treaty Related Measures To Prevent Base Erosion And Profit Shifting On China's "Beneficial Owners" System

With the internationalization of taxpayers' income and the generalization of national income tax system,the problem of tax treaty abuse has increasingly become a key issue in the field of international taxation research.According to the agreement of the tax treaty,only the "beneficial owner" can apply a lower dividend withholding tax rate or tax exemption according to the preferential terms of the tax treaty of the contracting parties regarding dividends,interest,royalties and so on.However,taxpayers have adopted a conduit company and other means to take advantage of the differences in tax systems in various countries,which includes treaty shopping,rule shopping,etc.The situation of harming the tax interests of a contracting party has become increasingly fierce.International cooperation and consensus formation are badly needed.In this context,the BEPS Action Plan has specifically proposed Program VI – Preventing the Granting of Treaty Benefits in Improper Circumstances and writing some of the results into the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting.The Chinese Government has signed the Convention and has pledged to implement part of the Convention's requirements in domestic law and international tax treaties.Before the BEPS program,China achieved certain results through the anti-abuse system with the national taxation letter(601)and the international tax treaty as the core.After the BEPS plan,the PPT and LOB clauses required by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting are gradually implemented into the tax treaty system signed by China.Under the domestic law,the national tax 2018(9)announcement was represented,and the "beneficiary owner" system under the BEPS plan was perfected.This paper studies the transformation of the "beneficiary owner" system before and after the signing of the convention.It uses literature research and case analysis to sort out the principles of China's identification of "beneficiary owners" and the construction process and existence of China's unique institutional system.The issue of controversy analyzes the impact of the relevant principles of the Convention on China's "beneficiary owner" system and its ability to cope with tax avoidance in the new situation.It is of great theoretical and practical significance to understand theestablishment and implementation of China's "beneficiary owner" system before and after the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting and how to combine the principles advocated by the Convention with China's actual practice in tax practice.On this basis,this paper further analyzes the conditions and procedures of the preferential treatment of non-resident application agreements in China,and the advantages and risks of the "going out" enterprises in the application for investment in the preferential treatment of the investment after the signing of the Convention,in order to make recommendations on how to better adapt to the new "beneficiary owner" system in China.