AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE's REPUBLIC OF CHINA AND THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF PAKISTAN FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH
颁布时间:1989-11-15
Article 14 Capital Gains
1. Gains derived by a resident of a Contracting State from the
alienation of immovable property referred to in Article 6 and situated in
the other Contracting State may be taxed in that other Contracting State.
2. Gains from the alienation of movable property forming part of the
business property of a permanent establishment which an enterprise of a
Contracting State has in the other Contracting State or of movable
property pertaining to a fixed base available to a resident of a
Contracting State in the other Contracting State for the purpose of
performing independent personal services, including such gains from the
alienation of such a permanent establishment (alone or together with the
whole enterprise) or of such a fixed base, may be taxed in that other
Contracting State.
3. Gains from the alienation of ships or aircraft operated in
international traffic or movable property pertaining to the operation f
such ships or aircraft shall be taxable only in the Contracting State in
which the place of effective management of the enterprise is situated.
4. Gains from the alienation of shares of the capital stock of a
company the property of which consists directly or indirectly principally
of immovable property situated in a Contracting State may be taxed in that
Contracting State.
5. Gains from the alienation of shares other than those mentioned in
paragraph 4 representing a participation of at least 25 per cent in a
company which is a resident of a Contracting State may be taxed in that
Contracting State.
6. Gains derived by a resident of a Contracting State from the
alienation of any property other than that referred to in paragraphs 1 to
5 and arising in the other Contracting State may be taxed in that other
Contracting State.
Article 15 Independent Personal Services
1. Income derived by a resident of a Contracting State in respect of
professional services or other activities of an independent character
shall be taxable only in that Contracting State except in one of the
following circumstances, when such income also be taxed in the other
Contracting State:
(a) if he has a fixed base regularly available to him in the other
Contracting State for the purpose of performing his activities; in that
case, only so much of the income as is attributable to that fixed base may
be taxed in that other Contracting State; or
(b) if his stay in the other Contracting State is for a period or
periods exceeding in the aggregate 183 days in the calendar year
concerned; in that case, only so much of the income as is derived from his
activities performed in that other Contracting State may be taxed in that
other Contracting State.
2. The term "professional services" includes especially independent
scientific, literary, artistic, educational or teaching activities as well
as the independent activities of physicians, lawyers, engineers,
architects, dentists and accountants.
Article 16 Dependent Personal Services
1. Subject to the provisions of Article 17, 19, 20 and 21, salaries,
wages and other similar remuneration derived by a resident of a
Contracting State in respect of an employment shall be taxable only in
that Contracting State unless the employment is exercised in the other
Contracting State. If the employment is so exercised, such remuneration as
is derived therefrom may be taxed in that other Contracting State.
2. Notwithstanding the provisions of paragraph 1, remuneration derived
by a resident of a Contracting State in respect of an employment exercised
in the other Contracting State shall be taxable only in the
first-mentioned State if:
(a) the recipient is present in the other Contracting State for a
period or periods not exceeding in the aggregate 183 days in the calendar
year concerned; and
(b) the remuneration is paid by, or on behalf of, an employer who is
not a resident of the other Contracting State; and
(c) the remuneration is not borne by a permanent establishment or a
fixed base which the employer has in the other Contracting State.
3. Notwithstanding the provisions of paragraphs 1 and 2 of this
Article, remuneration derived in respect of an employment exercised aboard
a ship or aircraft operated by an enterprise of a Contracting State in
international traffic, shall be taxable only in the Contracting State in
which the place of effective management of the enterprise is situated.
Article 17 Director's Fees
1. Director's fees and other similar payments derived by a resident of
a Contracting State in his capacity as a member of the Board of directors
of a company which is a resident of the other Contracting State may be
taxed in that other Contracting State.
2. Salaries, wages and other similar remuneration derived by a
resident of a Contracting State in his capacity as an official in a
top-level managerial position of a company which is a resident of the
other Contracting State may be taxed in that other Contracting State.
Article 18 Artistes and Athletes
1. Notwithstanding the provisions of Articles 15 and 16, income
derived by a resident of a Contracting State as an entertainer, such as a
theatre, motion picture, radio or television artiste, or a musician, or as
an athlete, from his personal activities as such exercised in the other
Contracting State, may be taxed in that other Contracting State.
2. Where income in respect of personal activities exercised by an
entertainer or an athlete in his capacity as such accrues not to the
entertainer or athlete himself but to another person, that income may,
notwithstanding the provisions of Articles 7, 15 and 16, be taxed in the
Contracting State in which the activities of the entertainer or athlete
are exercised.
3. Notwithstanding the provisions of paragraphs 1 and 2 of this
Article, income derived from such activities as are referred to in
paragraph 1, performed under a cultural agreement or arrangement between
the Contracting States shall be exempt from tax in the Contracting State
in which the activities are exercised if the visit to that state is wholly
or substantially supported by public or government funds of either
Contracting State.
Article 19 Pensions
1. Subject to the provisions of paragraph 2 of Article 20, pensions
and other similar remuneration paid to a resident of a Contracting State
in consideration of past employment shall be taxable only in that
Contracting State.
2. Notwithstanding the provisions of paragraph 1, pensions paid and
other similar payments made by the Government of a Contracting State or a
local authority thereof under a public welfare scheme of the social
security system of that Contracting State shall be taxable only in that
Contracting State.
Article 20 Government Service
1. (a) Remuneration, other than pension, paid by the Government of a
Contracting State or a local authority thereof to an individual in respect
of services rendered to the Government of that Contracting State or a
local authority thereof, in the discharge of functions of a governmental
nature, shall be taxable only in that Contracting State.
(b) However, such remuneration shall be taxable only in the other
Contracting State if the services are rendered in that other Contracting
State and the individual is a resident of that other Contracting State
who:
(i) is a national of that other Contracting State; or
(ii) did not become a resident of that other Contracting State
solely for the purpose of rendering the services.
2. (a) Any pension paid by, or out of funds to which contributions are
made by, the Government of a Contracting State or a local authority
thereof to an individual in respect of services rendered to the Government
of that Contracting State or a local authority thereof shall be taxable
only in that Contracting State.
(b) However, such pension shall be taxable only in the other
Contracting State if the individual is a resident of, and a national of,
that other Contracting State.
3. The provisions of Articles 16, 17, 18 and 19 shall apply to
remuneration and pensions in respect of services rendered in connection
with a business carried on by the Government of a Contracting State or a
local authority thereof.
Article 21 Teachers and Researchers
1. An individual who is, or immediately before visiting a Contracting
State was, a resident of the other Contracting State and is present in the
first-mentioned Contracting State for the primary purpose of teaching,
giving lectures or conducting research at a university, college, school or
educational institution or scientific research institution accredited by
the Government of the first-mentioned State shall be exempt from tax in
the first-mentioned Contracting State, for a period of two years from the
date of his first arrival in the first-mentioned Contracting State, in
respect of remuneration for such teaching, lectures or research, and other
income received outside the first-mentioned Contracting State.
2. This Article shall not apply to income from research if such
research is undertaken primarily for the private benefit of a specific
person or persons.
Article 22 Students and Trainees
A student, business apprentice or trainee who is or was immediately
before visiting a Contracting State a resident of the other Contracting
Stated and who is present in the first-mentioned State solely for the
purpose of his education, training shall be exempt from tax within a
period of five years from the date of his first arrival in that
first-mentioned State on the following payments or income received or
derived by him for the purpose of his maintenance, education or training:
(a) payments derived from sources outside that Contracting State for
the purpose of his maintenance, education, study, research or training;
(b) grants, scholarships or awards supplied by the Government, or a
scientific, educational, cultural or other tax-exempt organization; and
(c) income derived from personal services performed in that
Contracting State.
Article 23 Other Income
1. Items of income of a resident of a Contracting State, wherever
arising, not dealt with in the foregoing Articles of this Agreement shall
be taxable only in that Contracting State.
2. The provisions of paragraph 1 shall not apply to income, other than
income from immovable property as defined in paragraph 2 of Article 6, if
the recipient of such income, being a resident of a Contracting State,
carries on business in the other Contracting State through a permanent
establishment situated therein, or performs in that other Contracting
State independent personal services from a fixed base situated therein,
and the right or property in respect of which the income is paid is
effectively connected with such permanent establishment or fixed base. In
such case the provisions of Article 7 or Article 15, as the case may be,
shall apply.
3. Notwithstanding the provisions of paragraphs 1 and 2, items of
income of a resident of a Contracting State not dealt with in the
foregoing Articles of this Agreement and arising in the other Contracting
State may be taxed in that other Contracting State.
Article 24 Elimination of Double Taxation
1. In Pakistan, double taxation shall be eliminated as follows:
(a) Subject to the provisions of the laws of Pakistan, regarding the
allowance as a credit against Pakistan tax, the amount of Chinese tax
payable, under the laws of China and in accordance with the provisions of
this Agreement, whether directly or by deduction, by a resident of
Pakistan, in respect of income derived from China, shall be allowed as a
credit against the Pakistan tax payable in respect of such income. The
amount of credit, however, shall not exceed the amount of the Pakistan tax
on that income computed in accordance with the taxation laws of Pakistan.
(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
Pakistan 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 China by the company paying dividend in respect of its income.
(c) For the purpose of sub-paragraphs (a) and (b), Chinese tax paid
shall 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:
(i) Article 5 and 6 of the Income Tax law of the People's Republic
of China concerning Joint Ventures with Chinese and Foreign Investment and
Article 3 of the Detailed Rules and Regulations for the implementation of
the Income Tax law of the People's Republic of China concerning Joint
Ventures with Chinese and Foreign Investment;
(ii) Articles 4 and 5 of the Income Tax Law of the People's Republic
of China concerning Foreign Enterprises;
(iii) Articles 1, 2, 3, 4 and 10 of Part 1, Articles 1, 2, 3, and 4
Part 2 and Article 1, 2 and 3 of Part 3 of the interim provisions of the
State Council of the People's Republic of China on Reduction in or
Exemption from Enterprise Income Tax and the Consolidated Industrial and
Commercial Tax for Special Economic Zones and Fourteen Coastal Cities;
(iv) Articles 12 and 19 of the State Council Regulations for the
Encouragement of Investment in the Development of Hainan Island;
(v) Articles 8, 9 and 10 of the State Council Regulations concerning
the Encouragement of Foreign Investment; and
(vi) Articles 1, 2 and 3 of the Interim Provisions of the Ministry
of Finance of the People's Republic of China regarding (reduction in or
exemption from) Enterprise Income Tax and Industrial and Commercial
Consolidated Tax for Encouraging Foreign Investment in the Coastal Open
Economic Areas;
(vii) any other similar special incentive measures designed to
promote economic development in the People's Republic of China which may
be introduced in the laws of the People's Republic of China after the date
of signature of this Agreement, and which may be agreed upon by the
competent authorities of the Contracting States.
2. In the case of China, double taxation shall be eliminated as
follows:
(a) Where a resident of China derives income from Pakistan 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 Pakistan is a dividend paid by a
company which is a resident of Pakistan 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 Pakistan by the company the dividend in respect of its income.
(c) For the purpose of sub-paragraphs (a) and (b), Pakistan tax paid
shall include:
(i) the amount of Pakistan tax which would have been paid if the
Pakistan tax had not been exempted, reduced or refunded in accordance with
the tax incentives granted under Pakistan Income Tax Ordinance, 1979, as
amended from time to time;
(ii) any other similar special incentive measures designed to
promote economic development in the Islamic Republic of Pakistan which may
be introduced in the laws of the Islamic Republic of Pakistan after the
date of signature of this Agreement, and which may be agreed upon by the
competent authorities of the Contracting States.
3. In the application of paragraph 1 (c) or paragraph 2 (c) of this
Article in relation to dividend, interest, royalty income and fees for
technical services to which Articles 10, 11, 12 and 13 respectively apply,
the amount of Pakistan tax or Chinese tax shall be deemed to be the amount
equal to:
(i) in the case of dividends, 15 per cent of the gross amount of
such dividends;
(ii) in the case of interest, 10 per cent of the gross amount of
such interest;
(iii) in the case of royalties, 15 per cent of the gross amount of
such royalties; and
(iv) in the case of fees for technical services, 15 per cent of the
gross amount of such fees.
Article 25 Non-Discrimination
1. Nationals of a Contracting State shall not be subjected in the
other Contracting State to any taxation or any requirement connected
therewith, which is other or more burdensome than the taxation and
connected requirements to which nationals of that other Contracting State
in the same circumstances are or may be subjected. The provisions of this
paragraph shall, notwithstanding the provisions of Article 1, also apply
to persons who are not residents of one or both of the Contracting States.
2. The taxation on a permanent establishment which an enterprise of a
Contracting State has in the other Contracting State shall not be less
favourably levied in that other Contracting State than the taxation levied
on enterprises of that other Contracting State carrying on the same
activities.
3. Except where the provisions of Article 9, paragraph 7 of Article
11, or paragraph 6 of Article 12, apply interest, royalties and other
disbursements paid by an enterprise of a Contracting State to a resident
of the other Contracting State shall, for the purpose of determining the
taxable profits of such enterprise, be deductible under the same
conditions as if they had been paid to a resident of the first-mentioned
State.
4. Enterprises of a Contracting State, the capital of which is wholly
or partly owned or controlled, directly or indirectly, by one or more
residents of the other Contracting State, shall not be subjected in the
first-mentioned State to any taxation or any requirement connected
therewith which is other or more burdensome than the taxation and
connected requirements to which other similar enterprises of the
first-mentioned State are or may be subjected.
5. Nothing contained in the preceding paragraphs of this Article shall
be construed as obliging either of the Contracting States, to grant to a
resident of the other Contracting State those allowances, relief,
reductions, credits and rebates for tax purposes which are by law
available only to resident of the Contracting State.
Article 26 Mutual Agreement Procedure
1. Where a person considers that the actions of one or both of the
Contracting States result or will result for him in taxation not in
accordance with the provisions of this Agreement, he may, irrespective of
the remedies provided by the domestic law of those States, present his
case to the competent authority of the Contracting State of which he is a
resident or, if his case comes under paragraph 1 of Article 25, to that of
the Contracting State of which he is a national. The case must be
presented within three years from the first notification of the action
resulting in taxation not in accordance with the provisions of the
Agreement.
2. The competent authority shall endeavour, if the objection appears
to it to be justified and if it is not itself able to arrive at a
satisfactory solution, to resolve the case by mutual agreement with the
competent authority of the other Contracting State, with a view to the
avoidance of taxation which is not in accordance with the provisions of
this Agreement. Any agreement reached shall be implemented notwithstanding
any time limits in the domestic law of the Contracting States.
3. The competent authorities of the Contracting States shall endeavour
to resolve by mutual agreement any difficulties or doubts arising as to
the interpretation or application of the Agreement. They may also consult
together for the elimination of double taxation in cases not provided for
in this Agreement.
4. The competent authorities of the Contracting States may communicate
with each other directly for the purpose of reaching an agreement in the
sense of the preceding paragraphs. The competent authorities shall through
consultations develop appropriate bilateral procedures, conditions,
methods and techniques for the implementation of the mutual agreement
procedure provided for in this Article.
Article 27 Exchange of Information
1. The competent authorities of the Contracting States shall exchange
such information as is necessary for carrying out the provisions of this
Agreement or of the domestic laws of the Contracting States concerning
taxes covered by the Agreement, insofar as the taxation thereunder is not
contrary to this Agreement, in particular for the prevention of evasion of
such taxes. The exchange of information is not restricted by Article 1.
Any information received by a Contracting State shall be treated as secret
and shall be disclosed only to persons or authorities (including courts
and administrative bodies) involved in the assessment or collection of,
the enforcement or prosecution in respect of, or the determination of
appeals in relation to, the taxes covered by the Agreement. Such persons
or authorities shall use the information only for such purposes. They may
disclose the information in public court proceedings or in judicial
decisions.
2. In no case shall the provisions of paragraph 1 be construed so as
to impose on a Contracting State the obligation:
(a) to carry out administrative measures at variance with the laws and
the administrative practice of that or of the other Contracting State;
(b) to supply information which is not obtainable under the laws or in
the normal course of the administration of that or of the other
Contracting State;
(c) to supply information which would disclose any trade, business,
industrial, commercial or professional secret or trade process, or
information, the disclosure of which would be contrary to public policy
(ordre public).
Article 28 Diplomatic Agents and Consular Officers
Nothing in this Agreement shall affect the fiscal privileges of
diplomatic agents or consular officers under general rules of
international law or under the provisions of special agreement.
Article 29 Entry into Force
Each of the Contracting States shall notify to the other the
completion of the procedures required by its law for the bringing into
force of this Agreement. This Agreement shall enter into force on the date
of the later of these notifications and shall thereupon have effect:
(a) in Pakistan:
(i) in respect of tax withheld at the source on amounts paid or
credited to non-residents on or after the first day of July of the year
next following that in which the Agreement enters into force; and
(ii) in respect of other taxes for assessment years beginning on or
after the first day of July of the year next following that in which the
Agreement enters into force.
(b) in China:
(i) in respect of tax withheld at the source on amounts paid or
credited to non-residents on or after the first day of July of the year
next following that in which the Agreement enters into force; and
(ii) in respect of other taxes for taxation years beginning on or
after the first day of January of the year next following that in which
the Agreement enters into force.
Article 30 Termination
This Agreement shall continue in effect indefinitely but either of the
Contracting States may, on or before the thirtieth day of June in any
calendar year beginning after the expiration of a period of five years
from the date of its entry into force, give written notice of termination
to the other Contracting State through the diplomatic channel. In such
event this Agreement shall cease to have effect as respects income derived
during the taxable years beginning on or after the first day of January in
the calendar year next following that in which the notice of termination
is given.
DONE at Islamabad, this 15th day of November, 1989, in duplicate in
the English and Chinese languages, both texts being equally authentic.
For the Government of the People's For the Government of the Islamic
Republic of China Republic of Pakistan