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Frontiers of Law in China

ISSN 1673-3428

ISSN 1673-3541(Online)

CN 11-5742/D

Postal Subscription Code 80-981

Front. Law China    2020, Vol. 15 Issue (2) : 227-248    https://doi.org/10.3868/s050-009-020-0013-2
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When the Belt and Road Initiative Meets BEPS: Reforming China's Foreign Tax Credit Rules in the New Era
ZHENG Yi()
Associate Researcher, School of Law, Sun Yat-sen University, Guangzhou 510275, China.
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Abstract

Today, international taxation is at an inflection point. The implementation of action plan on base erosion and profit shifting (BEPS) and enforcement of the Belt and Road Initiative are reshaping taxation rules and principles. As a crucial aspect of outbound taxation, foreign tax credit is expected to embrace the normative objectives of the new era, which emphasize the importance of subjecting all trans-border business activities to equitable, efficient, and coordinated taxation. Currently, China’s foreign tax credit prescribes in an incompatible pattern; it lacks clear legislative intent, despite marking specific rules with archaic unilateral characters. To reform this regime, legislative principle should reflect the latest consensus on the economic activities’ nexus and ensure that the income derived from trans-border transactions falls under a minimum tax. Regarding specific rules, it is strongly suggested that active and passive incomes be distinguished and the equity holding threshold of obtaining indirect credit be lowered. China’s foreign tax credit reform should take an inclusive perspective, actively participating in the cooperation between countries.

Keywords foreign tax credit      base erosion and profit shifting (BEPS)      Belt and Road Initiative (BRI)      coordinated tax     
Issue Date: 09 July 2020
 Cite this article:   
ZHENG Yi. When the Belt and Road Initiative Meets BEPS: Reforming China's Foreign Tax Credit Rules in the New Era[J]. Front. Law China, 2020, 15(2): 227-248.
 URL:  
https://academic.hep.com.cn/flc/EN/10.3868/s050-009-020-0013-2
https://academic.hep.com.cn/flc/EN/Y2020/V15/I2/227
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[2] Bruno da Silva. Taxing Digital Economy: A Critical View around the GloBE (Pillar Two)[J]. Front. Law China, 2020, 15(2): 111-141.
[3] LU Haina. Adding a Gender Perspective to China’s Belt and Road Initiative as an International Human Rights Obligation[J]. Front. Law China, 2019, 14(4): 445-477.
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