Global

Details

  • Service: Tax, International Corporate Tax, Global Compliance Management Services
  • Type: Regulatory update
  • Date: 11/15/2012

Denmark - Update on income tax treaty with China 

November 15:   A new income tax treaty between Denmark and China would reduce—from from 10% to 5%—the withholding tax rate on dividends that a company receives from another company in which it owns at least 25% of the capital.

Initially, it appeared that the new withholding and other provisions of the Denmark-China income tax treaty would not be effective until January 2014, but depending on each country’s completion of its ratification processes, it could be possible that the treaty provisions might have an earlier effective date.


The treaty is scheduled to enter into force 30 days after the two countries have notified each other that they have completed their respective ratification processes, so that the treaty provisions would then be effective as of the January the year following completion of the treaty’s ratification.


Initially, the Danish tax authorities suggested that the Danish ratification processes would not be completed until 2013—meaning the treaty’s provisions would be effective beginning 1 January 2014. However, observers note that it is possible that the Danish ratification measures could be completed by 30 November 2012, so that the treaty’s provisions could be effective beginning 1 January 2013.


Yet, ratification in China would also be required before the treaty could enter into force—regardless of action on the treaty in Denmark.

KPMG observation

Given that it may be possible that the treaty’s effective date could be as early as 1 January 2013, Danish parent companies satisfying the 25% holding requirement of capital ownership may want to consider whether there could be advantages for dividend payments from Chinese companies to be made after 30 November 2012.


Read a November 2012 report (Danish) prepared by the KPMG member firm in Denmark: Ny dobbeltbeskatningsoverenskomst med Kina – måske i 2013




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