英文摘要 |
A scheme for resolving international tax issues raised by cross- border service transactions in the context of digital economy shall be based on the consensus among related countries and a higher level international tax administrative assistance. Such a scheme should be adapted to the nature of digital economy and the characteristics of network transactions, and be in conformity with the principle of fair and reasonable distribution of international tax interest. People cannot expect that the scheme may, at the same time and to the same extent, meet the requirements of five principles raised by OECD in the report' Electronic Commerce: Taxation Framework Conditions'. In order to address the serious unbalance of international tax interest distribution which exists in the application of current international tax rules in the context of digital economic environment and resolve the global issue of base erosion and profit shifting faced by both developed and developing countries, a relatively effective and feasible way is that digital service import country abandon the traditional principle of permanent establishment in respect of taxation on the profits of various digital service transactions carried out by non-resident taxpayers through internet or other computer communication networks, and levy a withhold tax at the reduced rate provided in bilateral tax treaty on the gross amount of payment made by the customers to non-resident sellers for purchased digital services. The withholding tax levied by digital service import country should be entitled to the treatment of foreign tax credit in resident country of digital service suppliers. Not only should the withholding tax scheme be applied to B2B cross-border digital service transactions, but also to B2C cross-border digital service transactions. |