Concept of “Beneficial Ownership” in OECD and Chinese Tax Law - similarity and difference
(2024) HARN60 20241Department of Business Law
- Abstract
- The term of Beneficial Ownership is a widely recognized term in international double tax treaties for the purpose of preventing tax evasion and avoidance regarding the cross-border payments of dividends, interests and royalties. OECD model is the most commonly used tax model for countries negotiating and conclusion the tax treaties. However, over the past half decades of OECD model’s progress, there is no clear definition of Beneficial Ownership and countries have developed various interpretation based on their own judicial practice. In 2017, the latest OECD tax model has been released by taking into consideration of BEPS Action Plan.
China has been developed this concept since 2009 in the context of domestic law and in 2018, the... (More) - The term of Beneficial Ownership is a widely recognized term in international double tax treaties for the purpose of preventing tax evasion and avoidance regarding the cross-border payments of dividends, interests and royalties. OECD model is the most commonly used tax model for countries negotiating and conclusion the tax treaties. However, over the past half decades of OECD model’s progress, there is no clear definition of Beneficial Ownership and countries have developed various interpretation based on their own judicial practice. In 2017, the latest OECD tax model has been released by taking into consideration of BEPS Action Plan.
China has been developed this concept since 2009 in the context of domestic law and in 2018, the Announcement 9 was released and be valid till today.
In this paper, a briefly overview of the development of the Beneficial Ownership concept under the context of both OCED model and China domestic law will be conducted, to compare the similarities and differences under the two models. Besides, some recommendations will also be made based on the observation of the comparison. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9156905
- author
- Zhao, Jinwen LU
- supervisor
- organization
- course
- HARN60 20241
- year
- 2024
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- Beneficial Ownership, tax treaty, tax benefit, OECD, BEPS, China
- language
- English
- id
- 9156905
- date added to LUP
- 2024-06-10 09:20:43
- date last changed
- 2024-06-10 09:20:43
@misc{9156905,
abstract = {{The term of Beneficial Ownership is a widely recognized term in international double tax treaties for the purpose of preventing tax evasion and avoidance regarding the cross-border payments of dividends, interests and royalties. OECD model is the most commonly used tax model for countries negotiating and conclusion the tax treaties. However, over the past half decades of OECD model’s progress, there is no clear definition of Beneficial Ownership and countries have developed various interpretation based on their own judicial practice. In 2017, the latest OECD tax model has been released by taking into consideration of BEPS Action Plan.
China has been developed this concept since 2009 in the context of domestic law and in 2018, the Announcement 9 was released and be valid till today.
In this paper, a briefly overview of the development of the Beneficial Ownership concept under the context of both OCED model and China domestic law will be conducted, to compare the similarities and differences under the two models. Besides, some recommendations will also be made based on the observation of the comparison.}},
author = {{Zhao, Jinwen}},
language = {{eng}},
note = {{Student Paper}},
title = {{Concept of “Beneficial Ownership” in OECD and Chinese Tax Law - similarity and difference}},
year = {{2024}},
}