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These notes are issued for the information of taxpayers and their tax - page 67 / 68

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into force of the Comprehensive Arrangement is exchanged, such information should not be used in the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes for the following years:

  • (1)

    In the Mainland: any taxable years before 1 January 2007;

  • (2)

    In Hong Kong: any years of assessment before 1 April 2007.

Article 25

MISCELLANEOUS PROVISIONS

158.

Article

25

states

clearly

that

nothing

in

the

Comprehensive

Arrangement shall prejudice the right of either Side to apply its domestic laws and measures to prevent tax avoidance. “To prevent tax avoidance” shall be construed as including the prevention of the abusive use of the Comprehensive Arrangement. In the case of Hong Kong, the laws and measures concerning tax avoidance include sections 5B, 9(1A), 9A, 15(1)(j), 15(1)(k), 15(1)(l), 16(2), 16(2A), 16(2B), 16(2C), 16(2D), 16(2E), 16(2F), 16E(2A), 16E(2B), 18D(2A),

20, 20AE, 21A(1)(a), 22B, 38B, 39E, 61, 61A and 61B of the Ordinance.

Article 26

ENTRY INTO FORCE

159.

In Hong Kong, the provisions of the Comprehensive Arrangement

shall apply to income derived in the years of assessment beginning on or after 1 April 2007; and in the Mainland, in the taxable years beginning on or after 1

January 2007. (paragraph 6 of

The relevant provisions of the Air Services Arrangement Article 11) signed between the Mainland and Hong Kong and

the the

Limited date on

Arrangement (see paragraph which the Comprehensive

1 above) shall cease to have Arrangement applies to the

effect on relevant

types of tax. The provisions of in the Shenzhen Bay Port Hong

the Comprehensive Arrangement shall apply Kong Port Area from its commencement of

operation on 1 July 2007.

63

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