China: New China-France double tax agreement signed

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

China: New China-France double tax agreement signed

ho.jpg

lu.jpg

Khoonming Ho


Lewis Lu

A new China-France double tax agreement (DTA), set to replace the 1984 China-France DTA and its associated protocol of the same year, was signed on November 26 2013 alongside a new protocol. Assuming the remaining approval procedures are completed in the course of 2014, the new DTA could take effect from as early as January 1 2015. The old DTA provides no incremental benefit for a French company driving dividends from China. The new DTA goes further providing that a 5% rate will apply to a French company where direct shareholdings of 25% and above are held in a Chinese company.

The change to the capital gains article, clarifying that taxing rights on gains not dealt with elsewhere in the article are reserved to the residence country, helps to settle a long-running ambiguity as to whether gains on disposals of Chinese shareholdings of less than 25% would be exempt from Chinese withholding tax (WHT) under the China-France DTA. Further, the protocol provides that 0% WHT will apply to dividends, interest and capital gains, other than those in relation to immovable properties, derived by qualified, listed sovereign wealth funds (SWF).

Another salient point is the detailed provision concerning the application of the DTA in situations involving partnerships. Where China sourced income arises to a French partnership, then DTA benefits may be granted to the French partnership, if it is a taxable person under the French tax law, or granted to the French partners, if they are instead treated as the taxable persons under the French tax law. In other words, the characterisation of the French partnership by France controls in this case. In contrast, where China sourced income arises to a Chinese partnership with French partners, DTA benefits may be denied if either France or China views the Chinese partnership as non-transparent.

The new DTA also provides clearer definitions of permanent establishment (PE) and the PE profit attribution methodology, which should be of particular benefit to French investors into China. Construction and installation projects, which are now expanded to include associated supervisory services, now only constitute a PE if they continue for more than 12 months, as against six months in the old DTA. In addition, the shift from the six months test to the 183 days for the service PE is positive for French investors.

Specific anti-avoidance limitation on benefits (LOB) clauses, which exclude the application of DTA benefits where the main purpose or one of the main purposes of an arrangement is to take advantage of the terms of the DTA, have been included in each of the dividend, interest, royalties and other income articles. This means that the Chinese general anti-avoidance rule (GAAR) may be applied where appropriate.

Khoonming Ho (khoonming.ho@kpmg.com)

KPMG, China and Hong Kong SAR

Tel: +86 (10) 8508 7082
Lewis Lu (lewis.lu@kpmg.com)

KPMG, Central China

Tel: +86 (21) 2212 3421

more across site & shared bottom lb ros

More from across our site

Shiny new offices like Ryan’s in London Bridge aren’t just a cost – they signal that a firm is willing to align with its clients’ interests
Darren Graves will succeed Richard Houston, who is set to lead Deloitte EMEA; in other news, Morgan Lewis hired a three-partner tax team in New York
India also signed its first-ever bilateral APAs with France, Ireland, Indonesia and Sweden last year, the CBDT revealed
Chile’s revamped GAAR marks a shift toward structural scrutiny, pushing MNEs to strengthen tax governance, economic substance and compliance strategies
New reforms represent the most seismic shift in Canadian TP legislation since its enactment and a clear inflection point for MNEs, ITR has heard
Spain did not transpose EU VAT rules for SMEs or works of art; in other news, an increased VAT threshold came into force in South Africa
While the IBS incorporates taxable events previously covered by state and municipal taxes, its governance and operational logic represent a significant departure from the legacy model
The new office on the fourth floor of 4 More London will span 14,230 square feet, with the potential to expand to the first and second floors
MNEs now face a shift from modelling to execution as the side‑by‑side deal forces tax teams to upgrade systems, harmonise data, and prevent costly pillar two mismatches
As recent surveys suggest a disconnect between AI adoption and employee engagement, the big four risk digging themselves into a strategic hole
Gift this article