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Assessment of Beneficial Ownership in China
This paper was composed with the sole purpose of studying the term “beneficial ownership” (BO) in the context of the prevailing China tax regulations and highlighting the assessment of BO under current international practices, including the OECD model and other jurisdictions. This paper conducts an in-depth discussion on Circular 601 and Announcement 30 promulgated in Mainland China and also the related articles of the OECD Model Convention. Relevant practical and court cases are provided to demonstrate the way(s) tax authorities observe the relevant rules from different perspectives. At the end of the paper, an attempt is made to summarise the development trend of Chinese tax rules on BO assessment, compare the tax regimes in other jurisdictions with regard to the determination of BO, and provide a general p icture of our findings and insights.