Income Tax Treaties: Competent Authority Functions and Procedures of Selected Countries (A-C) (Portfolio 6885)

Tax Management Portfolio, Income Tax Treaties: Competent Authority Functions and Procedures of Selected Countries (A–C), No. 6885, discusses the competent authority functions and procedures of Australia, Austria, Belgium, Canada, Chile, and China. To view this Portfolio, visit Bloomberg Tax for a free trial.

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Description

Tax Management Portfolio, Income Tax Treaties: Competent Authority Functions and Procedures of Selected Countries (A–C), No. 6885, discusses the competent authority functions and procedures of Australia, Austria, Belgium, Canada, Chile, and China. Each chapter initially focuses on the mutual agreement procedure that is available to taxpayers subject to double taxation, and in that connection discusses such topics as the basic procedure for requesting competent authority relief, statute of limitations issues, the role of Appeals (if any), the small case procedure (if any), interest on deficiencies and refunds, and the possibility of arbitration. If a country also has procedures for Advance Pricing Agreements, those are also considered.

Each chapter then discusses the procedures relating to consultation between competent authorities regarding the interpretation or application of an income tax treaty, exchange of information, and assistance in collection. With respect to exchange of information, each chapter also considers procedures under any tax information exchange agreements to which the country is a party.

For competent authority functions and procedures of the United States, see 940 T.M., U.S. Income Tax Treaties — U.S. Competent Authority Functions and Procedures.

This Portfolio may be cited as Lewis, et al., 6885 T.M., Income Tax Treaties: Competent Authority Functions and Procedures of Selected Countries (A–C).



Authors

Dave Lewis, Esq.

Dave Lewis joined Deloitte Touche Tohmatsu in 2002 after a career in the Australian Taxation Office (ATO) spanning 38 years. He is the national director of Deloitte Touche Tohmatsu's Competent Authority Practice in Australia. While with the ATO, he served as Australia's Competent Authority.

Dr. Niklas J.R.M. Schmidt, TEP

Dr. Niklas J.R.M. Schmidt, TEP, is a partner at Wolf Theiss, the largest Austrian law firm. He has been admitted as a lawyer and as a tax adviser. His areas of specialization include tax law and private clients. Previously, Niklas worked for several years at a “Big Four” firm and as a research assistant in the tax law department of the University of Vienna. His publications include various books and articles in international tax journals. Niklas is frequently engaged as a speaker at tax conferences, and has been a visiting lecturer at various universities. Currently, he is a member of the examination commission for the “Certified Financial Planner” exam in Austria, and he sits on the editorial board of the “taxlex” and “SteuerExpress” magazines. Furthermore, Niklas is a member of the International Fiscal Association (IFA), the International Bar Association (IBA), the International Tax Planning Association (ITPA), and the Society of Trust and Estate Practitioners (STEP). He has been named one of Austria's top ten tax lawyers in the Austrian magazine FORMAT, and is ranked in band 1 by many international legal directories.



Dr. Eva Stadler

Dr. Eva Stadler is a senior associate at Wolf Theiss. She has been admitted as a lawyer and specializes in tax law and private client work. Eva regularly publishes articles on these topics in both national and international tax journals and acts as a speaker at international tax conferences. Furthermore, she is a member of the International Association of Young Lawyers (AIJA).

Patrick Cauwenbergh, Esq.,

Prof. Dr. Patrick Cauwenbergh has a PhD in Law (International Transfer Pricing) from the University of Antwerp and has a Master's degree in International and European Taxation from the Ecole Supérieure des Sciences Fiscales of Brussels. Patrick is an International Tax Partner with Deloitte Belastingconsulenten/Conseils Fiscaux in Brussels (Diegem), Belgium. He has 17 years of experience in the area of transfer pricing and tax-aligned supply chains. Patrick joined the Deloitte transfer pricing team in 1999. He is currently heading the Belgian transfer pricing practice and is co-heading the tax-aligned supply chain (tax and consulting) initiative for 22 European countries. He is a member of the EMEA TP Strategy Board within Deloitte. He has broad experience in transfer pricing for a number of industries, including the automotive, chemicals, construction goods, consumer goods, electronics, energy, financial services, industrial equipment, medical equipment, mining, pharmaceutical, and retail industries. Patrick is a professor at the University of Antwerp in international tax law and is a guest professor on transfer pricing-related topics at the University of Leuven, Ghent and Tilburg.

Ann Gaublomme, Esq.,

Ann Gaublomme has a Master's degree in Law from the University of Leuven and a Master's degree in Tax from the Vlerick School of Management of Ghent. After being a tax lawyer, she joined Deloitte Belastingconsulenten/Conseils Fiscaux in Brussels (Diegem), Belgium in 2001. A former Senior Manager with Deloitte, she was a member of the Global Transfer Pricing Team and has experience in internal tax and transfer pricing comprised of planning, documentation, and (bilateral) advance pricing projects for multinational corporations. She is an author of many transfer pricing-related articles in national and international magazines and lectures occasionally on transfer pricing.

Wouter Vanmechelen, Esq.

Wouter Vanmechelen graduated with a law degree from Leuven University (KUL) in June 2008 and obtained a Master's degree in Tax from Fiscale Hogeschool in 2010. In September 2008, he joined Deloitte Belastingconsulenten/Conseils Fiscaux in Brussels (Diegem), Belgium, and became part of Deloitte's international corporate tax team.

Henry Chong, Esq

Henry Chong is a Tax Lawyer with the Reorganizations Division of the Rulings Directorate of the Canada Revenue Agency and has practiced in all areas of Canadian and U.S. federal income tax, focusing on the corporate and international taxation of commercial transactions and reorganizations, including cross-border transactions between Canada and the United States, with prominent law firms in Toronto and New York City. He is admitted in Ontario and New York and received an LL.B and an LL.M in tax from Osgoode Hall Law School and an LL.M (U.S. Tax) from New York University Law School.

Jaime Carey, Esq.

Jaime Carey is the Managing Partner of Carey y Cía., Chile's largest law firm, and co-head of the firm's Tax Group. He also specializes in the areas of corporate law, mergers and acquisitions, and financing. Mr. Carey is currently a member of the Board of Directors of Austin International, Inc., MetLife Chile S.A., and Evercrisp S.A. (Frito Lay Chile). He is also a member of the Chilean Bar Association and was previously Co-Chair of the Corporate Section, member of the Taxation Committee, and Council Member and Assistant Treasurer of the Legal Practice Division of the International Bar Association.

In 1981, Mr. Carey was an Assistant Professor of Taxation at the Pontificia Universidad Católica de Chile. Before joining Carey y Cía., he served as Trainee at Steel, Hector & Davis, Miami, Florida, USA (1979). Mr. Carey studied law at the Pontificia Universidad Católica de Chile and was admitted to the Bar in 1979. He attended ICADE and the Universidad de Deusto, Spain (1972-1975). Thereafter, he was a semi-finalist in the Philip C. Jessup International Law Moot Court Competition in Washington, D.C. (1978). Additionally, he attended the Program of Instruction for Lawyers at Harvard Law School, Cambridge, Massachusetts, USA (1986).

Daniela Pfeffer, Esq.

Daniela Pfeffer has been a member of Carey y Cía.’s Tax Group since 2011. She advises clients in personal and corporate tax planning, local and international tax consulting, and tax litigation. She studied law at the Pontificia Universidad Católica de Chile, graduating with maximum distinction (summa cum laude), and was admitted to the Bar in 2012.

Patrick Cheung

Patrick Cheung is Deloitte's Financial Services Transfer Pricing Leader for the Greater China region, and is based in Hong Kong. He is also the Transfer Pricing Leader of the South China Region. Mr. Cheung has many years of international tax and transfer pricing experience, including work on many advance pricing agreements, competent authority proceedings, and tax-effective supply chain management projects. Mr. Cheung is listed as a leading transfer pricing advisor by Legal Media Group Euromoney's Guide to the World's Leading Transfer Pricing Advisers.

Jessica Tien

Jessica Tien is responsible for the leadership of Ernst & Young's Greater China Transfer Pricing practice. Ms. Tien has extensive experience in transfer pricing from an advisory perspective and as an in-house corporate executive. Her work includes the planning and implementation of transfer pricing structures designed to achieve business objectives while meeting transfer pricing compliance requirements and achieving tax efficiency, management of controversy resolution, and APA negotiations. Ms. Tien serves as the Vice Chairperson of the tax committee at the American Chamber of Commerce and has been designated as a leading transfer pricing advisor by Legal Media Group Euromoney's Guide to the World's Leading Transfer Pricing Advisers.

Becky Lai

Becky Lai is the leader of Ernst & Young's Greater China International Tax Services, as well as the China Leader of the Tax Policy team. Ms. Lai has over 25 years in the tax consulting field in Toronto, Beijing, and Hong Kong. Ms. Lai was listed as one of the World's Leading Tax Advisers in the Expert Guide to the World's Leading Tax Advisers 2010 (8th Edition). Ms. Lai maintains frequent dialogues with and works very closely with the PRC tax authorities on matters affecting cross-border taxation.

Table of Contents

Detailed Analysis
Chapter 10 — AUSTRALIA
10:I. Introduction
10:II. Australian Competent Authority
A. Functions in General
B. Identification
10:III. Mutual Agreement Procedure in Taxpayer Cases
A. Treaty Provisions on Mutual Agreement
1. OECD Model
2. Australian Income Tax Treaties
B. Background
1. Historical Background
2. Powers of Competent Authorities in MAP
3. Types of Cases
a. Allocation Cases
b. Nonallocation Cases
4. Program Evaluation
5. Self-Adjustment Not Permitted
C. The Process
1. Sources
2. Taxes and Issues Covered
3. Who Can Apply?
4. Timing of Requests
a. In General
b. Statute of Limitations and Other Procedural Limitations
5. Role of ATO Transfer Pricing Specialists
6. The Role of Appeals
7. Pre-Filing and Post-Filing Conferences
8. Presentation of Case
9. Small Case Procedure
10. Justification of Claim
11. Denial of Requests
12. Processing of MAP Cases
a. Stages of Procedure in the ATO
(1) Examination of Taxpayer's Claim
(2) Preparation of ATO Position
(3) Negotiation
(4) Decision on Taxpayer's Claim
b. Withdrawal of MAP Request
c. Court Proceedings
13. Confidentiality in Competent Authority Proceedings
a. Confidentiality of Returns and Return Information
b. Communication of Taxpayer Information Between Competent Authorities
c. Nondisclosure by Competent Authorities
14. Interest and Penalties
15. Remission of General Interest Charge Accrued During MAP
16. Payment of Tax During MAP
17. Repatriation of Funds After Reallocation
D. Arbitration
1. OECD Position
2. Need for Arbitration
10:IV. Advance Pricing Arrangements
A. Introduction
B. Prelodgement Meeting
C. Preparation and Lodgement
D. Documentation Requirements
E. Analysis and Evaluation of APA Application
F. Liaison with Other Competent Authority
G. Small Business APAs
H. Compensating Adjustments
I. Timeframe
J. Withdrawing from APA Process
10:V. Consultation Between Competent Authorities Regarding Treaty Interpretation or Application
10:VI. Exchange of Information
A. Exchange of Information Under International Agreements
B. Exchange of Information Under Income Tax Treaties
1. Liaison with Other Tax Administrations
2. Types of Exchanges
a. Exchanges Regarding Changes in Tax Laws
b. Automatic Exchange of Information
c. Spontaneous Exchange of Information
d. Specific Requests for Information
e. Industry-Wide and Issue-Specific Exchange of Information
3. Simultaneous Examinations and Joint Audits
a. Simultaneous Examinations
(1) Definition
(2) Specific Objectives
(3) Procedures
(4) Disclosure of Information
b. Joint Audits
4. Responding to Specific Information Requests Under Tax Treaties
a. Specificity of Request
b. Use of Revenue Powers to Obtain Information
c. Mutuality Clause
5. Business Secrets
6. Restrictions on Use and Disclosure of Exchanged Information
C. Tax Information Exchange Agreements
D. Exchange of Information Under FATCA IGA Concluded with the United States
1. Introduction
2. Implementation of the FATCA IGA in Australia
E. Exchange of Information Under the CRS
1. Introduction
2. Implementation of the CRS in Australia
10:VII. Assistance in Tax Collection
Chapter 15 — AUSTRIA
15:I. Introduction
15:II. The Competent Authority of Austria
15:III. The Mutual Agreement Procedure for Taxpayer Cases
A. In General
1. Competent Authority
2. Statistics
B. The Procedure
1. Sources of Official Information on the Mutual Agreement Procedure
2. Taxes and Persons Covered
3. Timing
4. Unilateral Relief
5. The Role of Appeals
6. Simultaneous Appeals Procedure
7. Denial of Mutual Agreement Procedure Requests
8. Processing of Cases
a. In General
b. Withdrawal of a Request
c. Effect on Domestic Proceedings
d. Court Proceedings
9. Interest on Deficiencies and Refunds
10. Penalties for Late Payment of Taxes
C. Arbitration
1. Arbitration Provisions Contained in Austria's Income Tax Treaties
2. Arbitration Under the EU Arbitration Convention
15:IV. Advance Pricing Agreements
A. Introduction
B. Bilateral APAs
C. Unilateral APAs
15:V. Consultation Between Competent Authorities Regarding Treaty Interpretation or Application
15:VI. Exchange of Information
A. In General
1. Exchange of Information Outside of International Agreements
2. Exchange of Information Under International Agreements
3. Statistics
B. Exchange of Information Under Income Tax Treaties
1. Scope of Treaty Provisions
a. Taxpayers Covered
b. Taxes Covered
c. Nature of Information
2. Types of Exchanges
a. Automatic Exchange of Information
b. Spontaneous Exchange of Information
c. Specific Request for Information
3. Simultaneous Examination Programs
4. Responding to Specific Information Requests Under Tax Treaties
a. In General
b. Specificity of Information Requests Under Tax Treaties
c. Use of Revenue Powers to Obtain Information
d. Mutuality Clause
5. Restrictions on Use and Disclosure of Exchanged Information
a. Use for Tax Purposes Only
b. General Restrictions on Disclosure: Public Policy and Data Protection
c. Business Secrets
d. Nondisclosure to Austria's Parliament
e. Nondisclosure to Third Countries
C. Exchange of Information Under Tax Information Exchange Agreements (TIEAs)
1. In General
2. Taxes Covered
3. Types of Exchanges
4. Procedure for Exchanges
5. Limitations in the Agreements
D. Exchange of Information Under the EU Mutual Assistance Directive
1. In General
2. Taxes Covered
3. Types of Administrative Assistance
a. Exchange of Information on Request
b. Mandatory Automatic Exchange of Information
c. Spontaneous Exchange of Information
d. Presence in Administrative Offices and Participation in Administrative Enquiries
e. Simultaneous Controls
f. Administrative Notifications
4. Disclosure of Information
5. Transmission of Information
a. Involving Only EU Member States
b. Involving Non-EU States
E. Exchange of Information Under the Convention on Mutual Administrative Assistance in Tax Matters (Multilateral Convention)
1. In General
2. Taxpayers Covered
3. Taxes Covered
4. Types of Exchanges
a. In General
b. Exchange of Information on Request
c. Automatic Exchange of Information
d. Spontaneous Exchange of Information
e. Simultaneous Tax Examinations
f. Tax Examinations Abroad
F. Exchange of Information Under the Withholding Tax Treaties Concluded with Switzerland and Liechtenstein
G. Exchange of Information Under the FATCA IGA Concluded with the United States
1. Introduction
2. Implementation of the FATCA IGA in Austria
3. Explanation and Commentary of FATCA IGA
H. Exchange of Information under the CRS
1. Introduction
2. Implementation of the CRS in Austria
15:VII. Assistance in Tax Collection
A. Assistance in Tax Collection Under Income Tax Treaties
B. Assistance in Tax Collection Under the EU Recovery Directive
1. In General
2. Exchange of Information
3. Notification of Documents
4. Recovery of Taxes
5. Precautionary Measures
6. Disputes
7. Limits to Austria's Obligations
C. Assistance in Tax Collection Under the Convention on Mutual Administrative Assistance in Tax Matters
Chapter 20 — BELGIUM
20:I. Introduction
20:II. The Belgian Competent Authority
20:III. The Mutual Agreement Procedure
A. Introduction
B. Scope of Application: Three Different Areas of MAP Cases
1. First Area: “Specific-Case” Mutual Agreement Procedure
2. Second Area: “General” Mutual Agreement Procedure
3. Third Area: Mutual Agreement in Cases Not Provided in the Convention
C. Making a MAP Request
1. Who Can Make the MAP Request?
2. Format of MAP Request
3. Time Limit to Present a MAP Request to the Competent Authority
4. Double Taxation Not in Accordance with Double Tax Convention
5. Use of Information Within MAP Process
D. How MAP Works
1. First Phase: Unilateral Treatment of MAP Request
2. Second Phase: Mutual Agreement Between Competent Authorities
a. Negotiations Between Competent Authorities
b. More than a Duty to Negotiate?
c. Timing
d. Role of the Taxpayer?
e. Special Investigation Powers for the Competent Authority?
f. Suspension of Collection Procedures
3. Third Phase: Execution of the Settlement
E. Interest and Penalties
F. Secondary Adjustments
G. Interaction with Domestic Procedures
1. “General” MAP
2. “Specific-Case” MAP
a. Interaction Between MAP and Internal Administrative Measures
b. Interaction Between MAP and Court Appeal
H. Binding Arbitration
1. Introduction
2. Implementation of the Arbitration Clause in Double Tax Conventions
3. Procedural Aspects
a. Initiation of a Case
b. Selection and Remuneration of the Arbitrators
c. The Arbitration Process
4. Relation with Domestic Procedures
I. Internal Law and International Double Taxation
20:IV. Advance Pricing Agreements
20:V. Consultations Between Competent Authorities Regarding Treaty Interpretation or Application
20:VI. Exchange of Information and Administrative Assistance
A. Introduction
B. Scope of Application
1. Information that Is (Foreseeably) Relevant
2. Information with Respect to Taxes
3. Information with Respect to Taxpayers
C. Forms of Exchange of Information
D. Limitations on the Exchange of Information
1. In General
2. Bank Secrecy
E. Exchange of Information Under FATCA IGA Concluded with the United States
1. Introduction
2. Implementation of the FATCA IGA in Belgium
F. Exchange of Information Under the CRS
1. Introduction
2. Implementation of the CRS in Belgium
20:VII. Assistance in Collection
Chapter 30 — CANADA
30:I. Introduction
Introductory Material
A. Canada's Competent Authority
B. Competent Authority Functions
30:II. Mutual Agreement Procedure
A. Introduction
B. Who Can Request MAP Assistance
C. To Whom Is the Request for MAP Assistance Made
D. Typical Cases Addressed Under a MAP
E. Relationship of Audit and MAP
F. Making a MAP Request
1. Notification
2. Limitation Periods for MAP Assistance
a. Introduction
b. Initiating the MAP
c. Implementing MAP Agreement
d. Limitation Period for Initial Adjustments
e. Limitation Periods for Related Persons Adjustments
f. Protective Measures and Extending Limitation Periods
g. The MAP Process
3. Accelerated Competent Authority Procedure
4. Acceptability of Request
5. Unilateral Resolution of Requests
6. Resolution by Negotiation under MAP
7. Role of the Taxpayer
8. Effect of Mutual Agreement
G. Resolution by Arbitration
1. Introduction
2. Arbitration under Canada-U.S. Income Tax Treaty
a. Scope of Arbitration
b. Cases Eligible for Arbitration
c. Cases Ineligible for Arbitration
d. The Arbitration Procedures
(1) Introduction
(2) Time for Commencing Arbitration
(3) Operation of the Arbitration Board
(4) Special Rules for Arbitration of PE Issues
(5) Impact of Arbitration
H. Domestic Appeal Process and the MAP
I. Limits on Foreign Tax Credits
J. Collection Action and MAP
K. No MAP Adjustments for Interest and Penalties
L. MAP and Secondary Adjustments
M. Provincial Income Tax Excluded from MAP
30:III. Advance Pricing Arrangements
A. Introduction
B. Section 247 of the Act
C. What Is an APA
D. Requesting an APA
1. Introduction
2. Initiating the APA
3. Pre-Filing Meetings
4. APA Submission
5. Acceptance of Request
6. Processing the APA Request
E. Documenting the APA
F. Legal Effect of the APA
G. Administration of the APA
H. APA Process for Small Business
30:IV. Consultation Between Competent Authorities on Treaty Matters
30:V. Competent Authority and Limitation on Benefits
30:VI. Exchange of Information
A. Introduction
B. Exchange of Information under Income Tax Treaties and TIEAs
C. Scope of Treaty Provisions
1. Taxpayers Covered
2. Notifying the Taxpayer
3. Types of Exchanges
a. Automatic Exchange of Information
b. Spontaneous Exchange of Information
c. Simultaneous Examination Programs
d. Specific Requests for Information
D. Scope of Information Request
E. Nature of Information
F. Gathering Information
G. Exchange of Information Under FATCA IGA Concluded with the United States
1. Introduction
2. Implementation of the FATCA IGA in Canada
3. Explanation and Commentary of FATCA IGA
4. The Canada IGA
a. Introduction
b. IGA Obligations on Canada
c. Obligations on RCFIs
d. Default under the Canada IGA
e. General Administration of the Canada IGA
f. Overview of Canadian Implementing Legislation
H. Exchange of Information Under the CRS
1. Introduction
2. Implementation of the CRS in Canada
I. Making an EOI Request in Canada
J. Restrictions on Use and Disclosure of Exchanged Information
30:VII. Assistance in Tax Collection
A. Introduction
B. Collection of Foreign Tax Debts and Canadian Common Law
C. Collection Assistance under Canada's Tax Treaties
D. The Collection Assistance Process
E. Accepted Revenue Claims
F. Citizenship Rule
Chapter 35 — CHILE
35:I. Introduction
35:II. Mutual Agreement Procedure in Chile's Income Tax Treaties
A. Comparison of the Chilean Provisions to Those in the OECD Model Treaty
1. Time Limits
2. Arbitration
B. The Chilean Competent Authority
1. Identification
2. General Functions
C. Application of the MAP Article in Taxpayer Cases
1. Lack of a Special Procedure
2. Causes for Lack of a Special Procedure
a. Lack of Regulation, Specialization, and Oversight of Transfer Pricing Issues
b. Low Trade Volume
3. Rules Applicable in the Absence of a Special Procedure
4. Experience
35:III. Exchange of Information
A. In General
B. Exchange of Information Under Income Tax Treaties
1. Scope of Treaty Provisions
a. Taxpayers Covered
b. Taxes Covered
2. Types of Exchange
3. Restrictions on Use and Disclosure of Exchanged Information
C. Multilateral Convention on Mutual Administrative Assistance in Tax Matters and TIEAs
D. Administrative Agreements for the Exchange of Information
E. Exchange of Information Under FATCA IGA Concluded with the United States
1. Introduction
2. Implementation of the FATCA IGA in Chile
F. Exchange of Information Under the CRS
1. Introduction
2. Implementation of the CRS in Chile
35:IV. New Transfer Pricing Rules Introduced by the Tax Reform
A. Transfer Pricing
B. Advance Pricing Agreements
Chapter 40 — CHINA
40:I. Introduction
A. Overview of China
B. Provisions for Mutual Agreement in China's Income Tax Treaties
40:II. The Competent Authority of China
A. General Functions of the SAT
B. Identification of the Competent Authority
40:III. The Mutual Agreement Procedure for Taxpayer Cases
A. In General
B. Background
1. Historical Background
2. Powers of Competent Authorities in a MAP
3. Types of Cases
4. Program Evaluation
5. Exclusive Dispute Resolution Mechanism
C. The Process
D. Arbitration
E. Availability of Foreign Tax Credits to Mitigate Double Taxation
F. Application of a MAP to Special Administrative Regions of China
40:IV. Advance Pricing Arrangements
A. Introduction
B. Scope of APAs
C. Timeframe
D. Pre-Filing
E. Formal Application
F. Review and Evaluation
G. Negotiation and Signing
H. Withdrawal from the APA Process
I. Duration
J. Retroactive Effect
K. Monitoring
L. Renewal of an APA
M. Minimum Threshold for APA Application
N. Compensating Adjustments
40:V. Consultation Between Competent Authorities Regarding Treaty Interpretation or Application
40:VI. Exchange of Information
A. In General
1. Exchange of Information Within China
2. Exchange of Information Under International Agreements
B. Exchange of Information Under Income Tax Treaties
1. Scope of Treaty Provisions
2. Types of Exchanges
3. Procedures for Specific Exchange of Information, Automatic Exchange of Information, and Spontaneous Exchange of Information
a. Registry and Filing
b. Review and Categorization
c. Communication with Provincial Tax Authorities
d. Encryption
4. Procedures for Simultaneous Examination, Tax Examination Abroad, and Industry-Wide Exchange of Information
5. Secrecy Levels for Tax Information
6. Reasons the SAT May Decline to Exchange Information
C. Exchange of Information Under Tax Information Exchange Agreements
D. Exchange of Information Under FATCA IGA Concluded with the United States
1. Introduction
2. Implementation of the FATCA IGA in China
E. Exchange of Information Under the CRS
1. Introduction
2. Implementation of the CRS in China
40:VII. Assistance in Tax Collection

Working Papers

Table of Worksheets
Worksheet 21 Austrian Resources
Worksheet 31 Draft Model Tax Convention for Treaty Negotiations — Belgium, June 2010
Worksheet 32 Overview of the Time Limits to Introduce a MAP Under the Treaties Belgium Has Concluded
Worksheet 33 Memorandum of Understanding Between the Competent Authorities of the Kingdom of Belgium and the United States of America of May 6, 2009
Worksheet 34 Agreement Between the Competent Authorities of the United States of America and Belgium concerning the meaning of the term “equivalent beneficiary” for purposes of Article 21 (Limitation on Benefits), October 15, 2009
Worksheet 35 Arrangement Between the Competent Authorities of the United States of America and Belgium Concerning Mutual Coordination and Administrative Assistance with Respect to Taxes on Income
Worksheet 41 Sample Article XIII(8) Agreement
Worksheet 42 Sample Article XXIX(5) Agreement
Worksheet 43 Sample Article XXIX B(5) Agreement
Worksheet 44 Sample Non-disclosure Letter with respect to MAP Arbitration
Worksheet 45 Sample Non-disclosure Letter (Authorized Representative) with respect to MAP Arbitration
Worksheet 46 Sample APA Request Letter
Worksheet 47 Sample APA Response Letter
Worksheet 51 Electronic Resources
Worksheet 52 Servicio de Impuestos Internos de Chile, Circular N° 8 of 2005, Circular N° 33 of 2005, Circular N° 57 of 2009 (Entry into force of new income tax treaties and application of the most favored nation clause. Appointment of the SII Commissioner as the Competent Authority for purposes of income tax treaties)
Worksheet 53 Servicio de Impuestos Internos de Chile, Circular N° 57 of 2009 (Beneficial owner and anti-abuse rules in income tax treaties signed by Chile)
Worksheet 54 Servicio de Impuestos Internos de Chile, Circular N° 46 of 2010 (Guidelines on the amendments introduced to the Tax Code by Law N° 20,406, in relation to the procedure for the tax authority to request bank information of certain persons)
Worksheet 55 Servicio de Impuestos Internos de Chile, Resolution N° 67 of 2013 (Procedure for requesting amendment of the price, value, or profitability of related-party transactions, pursuant to Article 41, N° 8 of the Income Tax Law)
Worksheet 56 Servicio de Impuestos Internos de Chile, Ruling N° 825 of 2013 (Request for application of the mutual agreement procedure of the income tax treaty between Chile and Mexico)
Worksheet 57 Mensaje Nº 182-360 del Presidente de la República de fecha 2 de agosto de 2012 por el que inicia el proyecto de Ley N° 20.630 (Preamble of the Bill of Law N° 20,063, introduced by the Chilean President to the Chilean Congress on August 2, 2012) [EXCERPT]
Worksheet 58 Servicio de Impuestos Internos de Chile, Circular N° 29 of 2013 (Guidelines on the transfer pricing regulation introduced by Law N° 20,063 to the Income Tax Law)
Worksheet 59 Servicio de Impuestos Internos de Chile, Resolution N° 68 of 2013 (Guidelines on Transfer Pricing Advance Pricing Agreements, as per N° 7 of Article 41 of the Income Tax Law)
Worksheet 60 Servicio de Impuestos Internos de Chile, Resolutions N° 94 of 2011 and N° 75 of 2013 (Establishes names, attributes, obligations, responsibilities, and functions of SII Departments dependent on the Subdirection of Audit, which includes the International Audit Department)
Worksheet 61 Functional Departments Under the SAT
Worksheet 62 China Advance Transfer Pricing Arrangement Annual Report (2012)
Worksheet 63 Additional SAT Resources