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These notes are issued for the information of taxpayers and their tax - page 10 / 68

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Article 3

GENERAL DEFINITIONS

15.

To facilitate the accurate interpretation and implementation of the

Comprehensive Arrangement by both Sides, definitions of some of its key

terms have been included in Article 3.

16.

The term “person” has been defined widely in the Comprehensive

Arrangement to include an individual, a company, a trust, a partnership and any

other body of persons.

17.

The term “enterprise” applies to the carrying on of business activities

of any form. services and “enterprise of

The term “business” includes the performance of other activities of an independent character. One Side” and “enterprise of the Other Side” mean

professional The terms respectively

“an enterprise carried on by a resident on by a resident of the Other Side”.

of One Side”, and “an enterprise carried An enterprise carried on by a resident

includes an enterprise carried on by a resident

company, a

resident

individual,

a

resident partnership, or a resident body of persons.

18.

Paragraph 3 of Article 3 expressly states that as regards the

application of the Comprehensive Arrangement by One Side (e.g. tax is imposed in accordance with the Comprehensive Arrangement), any term not defined therein shall, unless the context otherwise requires, have the meaning which it has at the time of the application under the laws of that Side

concerning the relevant taxes.

Article 4

RESIDENT

19.

In view of the differences between the taxation systems in the

Mainland and Hong Kong, both Sides define the term “resident of One Side”

differently.

6

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