Tax Treaties Overview in the Era of COVID-19

Explore tax treaties between China and BRI jurisdictions, the impact of COVID-19 on tax treaties, and the application of tax treaties amidst the pandemic. The session delves into tax implications during the stay-at-home policy and travel restrictions in the context of tax treaties relieving double taxation.

• Tax treaties
• COVID-19
• Double taxation
• China
• BRI

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1. Tax Treaties during COVID-19 and Beyond Prof. Jinyan Li June 24, 2021, BRITACOM Webinar

2. Outline Outline 1. Tax treaties between China and BRI jurisdictions 2. COVID-19 and Tax Treaties 3. Tax Treaties beyond COVID-19

3. Tax Treaties between China and BRI Jurisdictions Tax Treaties between China and BRI Jurisdictions (https://green (https://green- -bri.org/countries bri.org/countries- -of of- -the http://www.chinatax.gov.cn/chinatax/n810341/n810770/index.html http://www.chinatax.gov.cn/chinatax/n810341/n810770/index.html the- -belt belt- -and and- -road road- -initiative initiative- -bri/?cookie bri/?cookie- -state state- -change=1624041452450; change=1624041452450; Asia Middle East + Africa Maylaysia (85) Korea (94) Indonesia (01) Zambia (90) Kuwait (89) Oman (02) Singapore (86) Papua New Guinea (94) Sri Lanka (03) Syria (10) Malta (93/10) Nigeria (02) New Zealand (86) Vietnam (95) Brunei (04) Uganda (12) UAE (93) Tunisia (02) Thailand (86) Bangladesh (96) Cambodia (16) Botswana (12) Sudan (97) Iran (02) Hong Kong (06) Laos ( (99) Macau (03) Zimbabwe (15) Egypt (97) Bahrain (02) Parkistan (89) Philippines (99) Kenya (17) Seychelles (99) Morocco (02) Mongolia (91) Nepal (01) Gabon (18) South Africa (00) Saudi Arabia (06) Congo (18) Algeria (06) Ethiopia (09) Angola (18)

4. 1. Overview of Tax Treaties between China and BRI Jurisdictions 1. Overview of Tax Treaties between China and BRI Jurisdictions Europe Latin America Bulgaria (89) Turkey (95) Uzbekistan (96) Brazil (91) Argentina (18) Albania (05) Romania (91/16) Belarus (95) Macedonia (97) Azerbaijian (05) Barbados (00) Cyprus (90) Slovenia (95) Portugal (98) Georgia (05) Cuba (01) Hungary (92) Ukraine (95) Estonia (98) Tajikistan (08) Trinidad and Tobago (03) Luxembourg (94) Armenia (96) Moldova (00) Turkmenistan (09) Ecuador (13) Russia (94/14) Italy (86/19) Kazakhstan (01) Czech (09) Chile (15) Croatia (95) Lithuania (96) Kyrgyzstan (02) Serbia and Montenegro

5. 2. COVID 2. COVID- -19 and Tax Treaties 19 and Tax Treaties Tax treaties are pre-existing COVID-19 affecting: a) Application of rules on distribution of taxing rights (source or residence) b) Dispute resolution through MAP OECD guidance (April 3, 2020; Jan.21, 2021) https://www.oecd.org/coronavirus/policy-responses/updated-guidance-on-tax-treaties-and-the- impact-of-the-covid-19-pandemic-df42be07/ 5

6. Treaty Application Treaty Application - - 1 1 Tax implications of stay home policy and travel restrictions during COVID-19 Nature of tax treaties relieving double taxation 183-day test (similar temporal tests) a) Residence of individuals (dual residency problem) b) Permanent establishment (PE) or fixed base c) Employment income (exemption from source country taxation) 6

7. Treaty Application Treaty Application - -2 2 Teleworking during COVID-19 Corporate residence effective management and control test tiebreaker Agency PE OECD guidance Treaty interpretation disputes and MAP 7

8. 3. Beyond COVID 3. Beyond COVID- -19 19 A bigger role for BRITACOM? Tailoring global instruments for BRI? Growing BRITACOM membership? BRI convention? Dispute resolution mechanism? 8