Study On International Tax Treaty Between China And "One Belt And One Road" Countries

Since general secretary Xi Jinping put forward the "One Belt And One Road" initiative in2013,China’s trade with 65 countries along the "One Belt And One Road" route has become increasingly close.By July 2019,China’s total trade in goods with countries along the "One Belt And One Road" has exceeded $500 billion.With the frequent trade activities,it is inevitable that there will be conflicts of interest among countries,and the problem of cross-border tax also gradually emerges.The international tax treaties signed by bilateral countries not only provide a basis for both sides to resolve tax conflicts of interest,but also provide institutional guarantee for "going-out" enterprises in cross-border investment activities.By signing tax treaties,we can solve tax conflicts for both countries,coordinate tax interests,reduce tax risks of "going-out" enterprises,and improve the investment returns of both contracting countries.China signed the first double taxation avoidance agreement with Japan on September 6,1983.As of February 2020,China has officially signed tax treaties with 107 countries and 3 regions,forming a relatively complete tax agreement system.Among them,there are 55 tax treaties signed between China and countries along the “One Belt and One Road”,more than half of the total,effectively serving China’s “opening in”and“going out”strategy.This paper starts with the tax agreements signed between China and 55 countries under the "One Belt And One Road" initiative,which has certain practical significance for safeguarding the tax rights and interests of foreign investment enterprises,reducing cross-border tax disputes and promoting friendly trade between China and countries along the "One Belt And One Road".Bases on the "One Belt And One Road" initiative proposed by general secretary Xi Jinping,this paper studied the international tax agreements signed between China and 55 countries.Firstly,it introduces the research background,purpose,significance,research contents and methods,innovation and deficiencies.Secondly,it introduces the classification and basic contents of international tax agreement under the OECD model agreement and UN model agreement.Then introduces our country and "One Belt And One Road" all the way along the country’s tax treaty signed,including signing time 55 tax treaty,signed by the types and the main content of the sign,mainly from the international tax treaty applicable scope,investment income,the principle of non-discrimination treatment,avoid double taxation and consultation procedures five aspects are analyzed.Then put forward the our country and "One Belt And One Road" all the way along the country the 55 problems existing in the tax treaty signed,mainly includes two aspects: on the one hand,the problems existing in the tax treaty provisions,permanent establishment clause does not adapt to the development of the Internet economy,the lack of tax sparing clauses make foreign investment enterprises cannot really enjoy the preferential tax,mutual consultation procedure cannot solve disputes;On the other hand,in the process of implementing the tax agreement,the signing time is too long to meet the development of modern economy,the utilization rate of the tax agreement for cross-border investment enterprises is not high,and the level of tax collection and management of the contracting parties needs to be strengthened.In the end,two suggestions are put forward in view of the problems existing in the signing of the tax agreement: first,to increase the recognition clause of the permanent establishment in the Internet economy,to increase and refine the provisions of tax concession,to improve the negotiation procedure and to introduce the arbitration clause;Second,the content of the agreement shall be updated in a timely manner according to the trade exchanges between the two parties,the publicity of the tax agreement shall be strengthened at home and abroad,and the cooperation between the two countries in tax collection and administration shall be strengthened by raising the level of tax collection and administration.