试 题 四
I. True or fal (10 marks, 2marks/each)
1. International juridical double taxation 卤鸡蛋怎么卤only occures whenever there is multiple taxation on the same income of different taxpayers. ( )
2. There are two types of tax jurisdiction: Source jurisdiction and citizen jurisdiction. ( )
3. Foreign-source income earned by residents of a country that us the deduction method generally is taxable at a higher effective rate than it would be under either the credit method or the exemption method.( )
4. Many countries u the prence period criterion to identify the residence of individual.( )
5. The chief difference between the UN Model treaty and OECD Model Treaty is that the UN Model Treaty impos fewer restrictions on the tax jurisdiction of the source country.( )
Ⅱ．Plea explain the following key terms. (12 marks,3 marks for each key term )
1. Residence tax jurisdiction
2. exemption method
3. arm迷你杜宾犬’s length price
4. transactional net margin method
Ⅲ. Questions ( 28 marks )
1. Plea explain what methods may be ud by resident country to eliminate the international double taxation caud by the conflicts between 领字组词the residence jurisdiction and source jurisdiction.(4 marks)
2. plea explain the meaning of unlimited tax liability,and who will bear the unlimited tax liability. (3 marks)
3. Plea explain the differences between branch and subsidiary.(6 marks)
4.Plea explain the operation of a direct conduit company by a figure.(6 marks)
5.Plea explain the main features of arm’s length principle and principle of Global Apportionment. (8 marks)
Ⅳ. Ca Study ( 20 marks )
一 De Beers Consolidated Mines, Limited was incorporated in South Africa and its main business, eg, diamond mining, processing was in South Africa. Its head office was t in Kimberley(金伯利）, also it had many branches in other countries. The company's most directors lived in London, and the board meetings mostly were held in London. In 1906, the British tax bureau asked the company to pay the income tax on its worldwide income. The company appealed to the Hou of Lord. Plea analyze the ca bad on the assumpution that South Africa and Britain have concluded a Double Tax Convention (DTC) along the lines of the UN Model Tax Convention.
Q银鱼汤的做法uestions:
Whether should De Beers company pay its tax to the government of Britain? And explain the reasons.
二 Mr. Xiao has a permanent home in China and works in a Chine resident company. On Jan.1,1999, Mr. Xiao was appointed to the company’s reprentative office in UK, and the term would be 2 years. He cancelled his houhold registration according to Chine government regulations before he went to UK. His family is still in China and his main economic relationship is clor with China. Plea analyze the ca bad on the assumpution that China and Britain have concluded a Double Tax Convention (DTC) along the lines of the UN Model Tax Convention雨前初见花间蕊.
Questions:
1.Which country will determine Mr. Xiao’s residenceship, Britain or China?
2. Which country will levy its tax on Mr. Xiao,Britain or China ?
3.What kind of conflict cau the issue of international double taxation?
V. Computation ( 30 marks)
一 HCo. is a resident company in Country A and earns income of 200, also gets dividend of 42.5 from its subsidiary Sco，established in Country B, which gets income of 100. Country A’ s income tax rate is 35%. Country B’s normal tax rate is 30%, but it offers halved tax rate to the subsidiary. Country A is willing to give a tax sparing credit to Hco, so calculate the tax Hco pays to the country A.
二 The parent company H situated in State A has a 50% owned subsidiary S in State B,木头人不许动 and S has a 40% owned subsidiary G located in state C. In a taxable year, H’s income is 240 and gets the dividend from S. S gets the pretax income of 200 and gets the dividend of 32 from G .G ‘s pretax income is 100,and pays its tax at the rate of 20%. A’s income tax rate is 40%, and B’s income tax rate is 30%, so if state A and B adopt the indirect credit method , calculate the tax paid by H to state A.
答案及评分标准
I.True and Fal ( 10marks, 2points/each): ××√√√
Ⅱ．Plea explain the following key terms. (12 marks,3 marks for each key term )
1. Residence jurisdiction: a principle of taxation under which all income accruing to residents of a country, regardless of its source ,is subject to tax by that country.
鳗鱼功效
2. Exemption method: exemption from domestic tax of some or all foreign-source income derived by residents.
3. arm’s lengthe price: a price t on a transfer of goods,rvices,or intangible property between related persons that corresponds to the price that would be t in the marketplace on a similar transder between unrelated persons.
4. transactional net margin method:a methodfordeterining transder prices in trancactions between related parties, typically bad on the ratio of prodits earned by parties engaged in similar activities to some economice indicator ,such as invested capital or gross receipts.
