China - Brazil Tax Treaty

AGREEMENT BETWEEN

THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA

AND

THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL

FOR

THE AVOIDANCE OF DOUBLE TAXATlON AND

THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME

The Government of the People’s Republic of China and The Government of the Federative Republic of Brazil;

Desiring to conclude an Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income;

Have agreed as follows:

ARTICLE 1 PERSONAL SCOPE

This Agreement shall apply to persons who are residents of one or both of the Contracting States.

ARTICLE 2 TAXES COVERED

The existing taxes to which the Agreement shall apply are:

(a) in the case of the People’s Republic of China:

(i) the individual income tax;

(ii) the income tax concerning joint ventures with Chinese and
foreign investment;

(iii) the income tax concerning foreign enterprises; and

(iv) the local income tax. (hereinafter referred to as “Chinese tax” ) .

(b) in the case of the Federative Republic of Brazil:

the federal income tax, excluding the supplementary income tax and the tax on activities of minor importance.

(hereinafter referred to as “Brazilian tax” ) ;

The Agreement shall also apply to any identical or substantially similar taxes which are imposed after the date of signature of the Agreement in addition to, or in place of, the above-mentioned existing taxes. The competent authorities of the Contracting states shall notify each other of any substantial changes
which have been made in their respective taxation laws.

ARTICLE 3 GENERAL DEFINITIONS

For the purposes of this Agreement, unless the context otherwise requires:

(a) the term “China” means the People’s Republic of China; when
used in geographical sense, means all the territory of the People’s Republic
of China, including its territorial sea, in which the Chinese laws
relating to taxation apply, and any area beyond its territorial sea, within which
the People’s Republic of china has sovereign rights of exploration for and exploitation of resources of the seabed and its sub-soil and
superjacent water resources in accordance with international law;

(b) the term “Brazil” means the Federative Republic of Brazil;

(d) the term “tax” means Chinese tax or Brazilian tax, as the context requires;

(e) the term “person” includes an individual, a company and any other body of persons;

(f) the term “company” means any body corporate or any entity
which is treated as a body corporate for tax purposes;

(g) the terms “enterprise of a Contracting State” and “enterprise of the other Contracting State” mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State;

(h) the term “nationals” means all individuals possessing the nationality of a Contracting State and all juridical persons created or organized under the laws of that Contracting State; as well as any organizations without juridical personality treated for tax purposes as juridical persons created or organized under the laws of that Contracting State;

(i) the term “international traffic” means any transport by a ship or aircraft operated by an enterprise which has its head office (i. e. effective management) in a Contracting State, except when the ship or aircraft is operated solely between places in the other contracting State;

(j) the term “competent authority” means:

(i) in the case of China, the State Tax Bureau or its authorized representative;

(ii) in the case of Brazil, the Minister of Economy, Finance and Planning, the Departement of Federal Revenue or their authorized representatives.

As  regards  the  application  of  this  Agreement  by  a  Contracting

State, any term not defined therein shall, unless the context otherwise requires, have the meaning which it has under the laws of that Contracting State
concerning the taxes to which this Agreement applies.

ARTICLE 4 RESIDENT

For the purposes of this Agreement, the term “resident of a
Contracting State” means any person who, under the laws of that Contracting State, is
liable to tax therein by reason of his domicile, residence, place of head office
(i. e. effective management) of any other criterion of a similar nature.
Where by reason of the provisions of paragraph 1, an individual is a resident of both Contracting States, then his status shall be determined as follows:

(a) he shall be deemed to be a resident of the Contracting State in which he has a permanent home available to him; if he has a permanent home available to him in both Contracting States, he shall be deemed to
be a resident of the Contracting State with which his personal and economic relations are closer (centre of vital interests) ;

(b) if the State in which he has centre of vital interests cannot be determined, or if he has not a permanent home available to him in either Contracting State, he shall be deemed to be a resident of the State in which he has an habitual abode;

(c) if he has an habitual abode in both Contracting States or in neither of them, he shall be deemed to be a resident of the Contracting State of which he is a national;

(d) if he is a national of both Contracting States or of neither
of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.

Where by reason of the provisions of paragraph 1, a person
other than an individual is a resident of both Contracting States, then it shall
be deemed to be a resident of the Contracting State in which its place of head office
(i. e. effective management) is situated.

ARTICLE 5 PERMANENT ESTABLISHMENT

For the purposes of this Agreement, the term “permanent establishment” means a fixed place of business through which the business of an enterprise is wholly or partly carried on.
The term “permanent establishment” includes especially:

(a) a place of management;

(b) a branch;

(d) a factory;

(e) a workshop; and

(f) a mine, an oil or gas well, a quarry or any other place of
extraction of natural resources.

The term “permanent establishment” likewise encompasses:

(a) a building site, a construction, assembly or
installation project or supervisory activities in connection therewith, but only where such site, project or activities continue for a period of more than six months;

(b) the furnishing of services, including consultancy services,
by an enterprise of a Contracting State through employees or other engaged personnel in the other Contracting State, provided that such activities continue for the same project or a connected project for a period or periods aggregating more than six months within any twelve-month period.

Notwithstanding the provisions of paragraphs 1 to 3, the
term “permanent establishment” shall be deemed not to include:

(a) the use of facilities solely for the purpose of storage, display or delivery of goods of merchandise belonging to the enterprise;

(b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery;

(c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise;

(d) the maintenance of a fixed place of business solely for the
purpose of purchasing goods or merchandise or of collecting information, for the enterprise;

(e) the maintenance of a fixed place of business solely for the
purpose of carrying on, for the enterprise, any other activity of a preparatory or of auxiliary character.

Notwithstanding the provisions of paragraphs 1 and 2, where a
person—other than an agent of an independent status to whom the provisions of
paragraph 6 apply—is acting in a Contracting State on behalf of an enterprise of the other Contracting State, has and habitually exercises an authority to conclude contracts in the name of the enterprise, that enterprise shall be deemed to
have a permanent establishment in the first-mentioned Contracting State in respect of
any activities which that person undertakes for the enterprise, unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised
through a fixed

place of business, would not make this fixed place of
business a permanent establishment under the provisions of that paragraph.

An enterprise of a Contraction State shall not be deemed to
have a permanent establishment in the other Contracting State merely because it carries on business in that other Contracting State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business. However, when the activities of such an agent are devoted wholly or almost wholly on behalf of that enterprise, he will not be considered an agent of an independent status within the meaning of this paragraph.
The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other.

ARTICLE 6

INCOME FROM IMMOVABLE PROPERTY

Income derived by a resident of a Contracting State from
immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other Contracting State.
The term “immovable property” shall have the meaning which it has
under the law of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property,
livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and
rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources. Ships and aircraft shall not be regarded as immovable property.
The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of immovable property.
The provisions of paragraphs 1 and 3 shall also apply to the
income from immovable property of an enterprise and to income from immovable property used for the performance of independent personal services.

ARTICLE 7 BUSINESS PROFITS

The profits of an enterprise of a Contracting State shall be taxable only in that Contracting State unless the enterprise carries on business in the
other contracting State through a permanent establishment situated therein. If the enterprise carries on business as aforesaid, the profits of the enterprise may be taxed
in the other Contracting State but only so much of them as is attributable to
that permanent establishment.
Subject to the provisions of paragraph 3, where an enterprise
of a Contracting State carries on business in the other Contracting State
through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar
activities under the same or similar conditions and dealing wholly independently with the
enterprise of which it is a permanent establishment.
In determining the profits of a permanent establishment, there shall be allowed as deductions expenses which are incurred for the purposes of
the permanent establishment, including executive and general administrative expenses so incurred.
Insofar as it has been customary in a Contracting State to determine the profits to be attributed to a permanent establishment on the basis of an
apportionment of the total profits of the enterprise to its various parts, nothing in paragraph 2 shall preclude that Contracting State from determining the profits to be
taxed by such an apportionment as may be customary. The method of apportionment adopted shall, however, be such that the result shall be in accordance with the principles contained in this Article.
No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise.
For the purpose of paragraphs 1 to 5, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary.
Where profits include items of income which are dealt with separatedly in other Articles of this Agreement, then the provisions of those Articles shall not be affected by the provisions of this Article.

ARTICLE 8

SHIPPING AND AIR TRANSPORT

Profits from the operation of ships or aircraft in international traffic shall be taxable only in the Contracting State in which the place of head office (i. e. effective management) of the enterprise is situated.
If the place of head office of a shipping enterprise is aboard a ship, then it shall be deemed to be situated in the Contracting State in which the home harbour of the ship is situated, or if there is no such home harbour, in the Contracting State of which the operator of the ship is a resident.
The provisions of paragraph 1 shall also apply to profits from the participation in a pool, a joint business or an international operating agency.

ARTICLE 9 ASSOCIATED ENTERPRISES

Where

(a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other
Contracting State, or

(b) the same persons participate directly or indirectly in the
management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State,

and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would,
but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that
enterprise and taxed accordingly.

ARTICLE 10 DIVIDENDS

Dividends paid by a company which is a resident of a
Contracting State to a resident of the other Contracting State may be taxed in that other Contracting State.
However, such dividents may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that

Contracting State, but if the recipient is the beneficial owner of the dividends the tax so charged shall not exceed 15 per cent of the gross amount of the dividends, the provisions of this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.

The   term  “dividends”   as  used   in  this   Article   means   income

from shares, “jouissance” shares or “jouissance” rights. mining shares, founders
shares or other rights, not being debt-claims, participating in profits, as well as
income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the State of which the company making the
distribution is a resident.

The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on
business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that
Contracting State independent personal services from a fixed base situated therein, and the
holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply.
Where a resident of a Contracting State has a permanent
establishment in the other Contracting State, this permanent establishment may be subject
to a tax withheld at source in accordance with the law of that other
Contracting State. However, such tax cannot exceed 15 per cent of gross amount of the profits of that permanent establishment determined after the payment of the corporate tax related to such profits.
Where a company which is a resident of a Contracting State
derives profits or income from the other Contracting State, that other Contracting State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other Contracting State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other Contracting State, nor
subject the company’s undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly
of profits or income arising in such other Contracting State.

ARTICLE 11 INTEREST

Interest  arising  in  a  Contracting  State  and  paid  to  a  resident

of the other Contracting State may be taxed in that other Contracting State.

However, such interest may also be taxed in the Contracting State in which in arises and according to the laws of that Contracting State, but if the recipient is the beneficial owner of the interest the tax so charged shall not exceed 15 per cent of the gross amount of the interest.
Notwithstanding the provisions of paragraphs 1 and 2, interest
arising in a Contracting State and derived by the Government of the other
Contracting State, a political subdivision, a local authority and the Central Bank thereof or any financial institution wholly owned by that Government, including interest from
government securities, bonds or debentures issued by them, shall be exempt from tax in the first mentioned Contracting State.
The term “interest” as used in this Article means income from
debt-claims of every kind, whether or not secured by mortgage and whether or not carrying a right to participate in the debtor’s profits, and in particular, income
from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures. Penalty charges for late payment shall not be regarded as interest for the purpose of this Article.
The provisions of paragraphs 1, 2 and 3 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business
in the other Contracting State in which the interest arises, through a permanent
establishment situated therein, or performs in that other Contracting State
independent personal services from a fixed base situated therein, and the debt-claim in respect of which the interest is paid is effectively connected with such permanent
establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply.
Interest shall be deemed to arise in a Contracting State when
the payer is the Government of that Contracting State, a political subdivision, a local authority thereof or a resident of that State. Where, however, the person paying the interest, whether he is a resident of a Contracting State or not, has in a Contracting
State a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne
by such permanent establishment or fixed base, then such interest shall be deemed to
arise in the Contracting State in which the permanent establishment or fixed base is situated.
Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of
the interest, having regard to the debt-claim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the
last-mentioned amount. In such case, the excess part of the payments shall remain taxable according

to the laws of each Contracting State, due regard being had to the other provisions of this Agreement.

The tax rate limitation provided for in paragraph 2 shall not
apply to interest arising in a Contracting State and paid to a permanent establishment of an enterprise of the other Contracting State which is situated in a third State.

ARTICLE 12 ROYALTIES

Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other Contracting State.
However, such royalties may also be taxed in the Contracting State in which they arise and according to the laws of that Contracting State , but if the recipient is the beneficial owner of the royalties the tax so charged shall not exceed:

(a) 25 per cent of the gross amount of the royalties arising from the use or the right to use trade marks;

(b) 15 per cent of the gross amount of the royalties in all other cases.

The  term  “royalties”  as  used  in  this  Article  means  payments  of

any kind received as a consideration for the use of, or the right to use,
any copyright of literary, artistic or scientific work including cinematograph films and films or tapes for radio or television broadcasting, any patent, know-how,
trade mark, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or
for information concerning industrial, commercial or scientific experience.

The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on
business in the other Contracting State in which the royalties arise, through a permanent
establishment situated therein, or performs in that other Contracting State
independent personal services from a fixed base situated therein, and the right or
property in respect of which the royalties are paid is effectively connected with
such permanent establishment of fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply.
Royalties shall be deemed to arise in a Contracting State when the payer is the Government of that Contracting State, a political subdivision, a local authority thereof or a resident of that Contracting State. Where, however, the person
paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting

State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred, and such royalties are borne by
such permanent establishment of fixed base, then such royalties shall be deemed to
arise in the Contracting State in which the permanent establishment or fixed base is situated.

Where,  by  reason  of  a   special  relationship  between  the  payer

and the beneficial owner or between both of them and some other person, the amount of the royalties, having regard to the use, right or information for
which they are paid, exceeds the amount which would have been agreed upon by the payer
and the beneficial owner in the absence of such relationship, the
provisions of this Article shall apply only to the last-mentioned amount. In such case,
the excess part of the payment shall remain taxable according to the
laws of each Contracting State, due regard being had to the other
provisions of this Agreement.

ARTICLE 13 CAPITAL GAINS

Gains  derived  by  a  resident  of  a  Contracting  State  from  the

alienation of immovable property referred to in Article 6 and situated in the other Contracting State may be taxed in that other Contracting State.

Gains from the alienation of movable property forming part of
the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or of movable property pertaining to a fixed base available to a resident of a Contracting State in the other
Contracting State for the purpose of performing independent personal services, including such gains
from the alienation of such a permanent establishment (alone or together with
the whole enterprise) or of such a fixed base, may be taxed in that other Contracting State.
Gains from the alienation of ships or aircraft operated in international traffic or movable property pertaining to the operation of such ships or aircraft shall be taxable only in the Contracting State in which the place of head office
(i.e. effective management) of the enterprise is situated.
Gains from the alienation of any property other than that referred to in paragraphs 1, 2 and 3, may be taxed in both Contracting State.

ARTICLE 14 INDEPENDENT PERSONAL SERVICES

Income derived by a resident of a Contracting State, in respect
of professional services or other activities of an independent character shall be taxable
only in that

Contracting State except in one of the following circumstances, when
such income may also be taxed in the other Contracting State:

(a) if he has a fixed base regularly available to him in the other
Contracting State for the purpose of performing his activities; in that case,
only so much of the income as is attributable to that fixed base may be taxed in that other Contracting State;

(b) if the remuneration for his activities in the other Contracting State is paid by a resident of that other Contracting State or is borne by a permanent establishment or fixed base situated in that other Contracting State; in that case, only so much of the remuneration as derived therefrom may be taxed in that other Contracting State.

The  term  “professional  services”   includes  especially  independent

scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, lawyers, engineers, architects, dentists and accountants.

ARTICLE 15 DEPENDENT PERSONAL SERVICES

Subject to the provisions of Articles 16, 18, 19, 20 and 21,
salaries, wages and other similar remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that Contracting State unless the employment is exercised in the other Contracting State. If the employment is so
exercised, such remuneration as is derived therefrom may be taxed in that other Contracting State.

Notwithstanding  the  provisiona  of  paragraph  1,  remuneration

derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the firstmentioned State if:

(a) the recipient is present in the other Contracting State for a
period or periods not exceeding in the aggregate 183 days in the calendar year concerned; and

(b) the remuneration is paid by, or on behalf of, an employer who
is not a resident of the other Contracting State; and

(c) the remuneration is not borne by a permanent establishment or a fixed base which the employer has in the other Contracting State.

 Notwithstanding   the   provisions   of   paragraphs   1   and   2   of

this Article, remuneration derived in respect of an employment exercised aboard a
ship or

aircraft operated by an enterprise of a Contracting State in international traffic, shall be taxable only in the Contracting State in which the place of head affice (i.e. effective management) of the enterprise is situated.

ARTICLE 16 DIRECTORS' FEES

Directors’ fees and other similar payments derived by a resident of a Contracting State in his capacity as a member of the board of directors or
similar council of a company which is a resident of the other Contracting State may be taxed in that other Contracting State.

ARTICLE 17 ARTISTES AND ATHLETES

Notwithstanding the provisions of Articles 14 and 15, income
derived by a resident of a Contracting State as an entertainer, such as a
theatre, motion picture, radio or television artiste, or a musician, or as an athlete, from his personal activities as such exercised in the other Contracting State, may be taxed
in that other Contracting State.
Where income in respect of personal activities exercised by an entertainer or an athlete in his capacity as such accrues not to the entertainer or athlete himself but to another person, that income may, notwithstanding the provisions of Articles 7, 14 and 15, be taxed in the Contracting State in which the activities of
the entertainer or athlete are exercised.

Notwithstanding  the  provisions  of  paragraphs  1  and  2,  income

derived by entertainers or athletes who are residents of a Contracting State
from the activities exercised in the other Contracting State under a plan of cultural exchange between the Governments of both Contracting States shall be exempt from tax in
that other Contracting State.

ARTICLE 18 PENSIONS

Subject to the provisions of paragraph 2 of Article 19, pensions and other similar remuneration paid to a resident of a Contracting State in
consideration of past employment shall be taxable only in that Contracting State.
Notwithstanding the provisions of paragraph 1, pensions paid and
other similar payments made by the Government of a Contracting State, a political subdivision or a

local authority thereof under a public welfare scheme of the social security system of that Contracting State shall be taxable only in that Contracting State.

However, such pensions and other similar remuneration may also be taxed in the other Contracting State if the payment is made by a resident of that other Contracting State or a permanent establishment situated therein.

ARTICLE 19 GOVERNMENT SERVICE

(a ) Remuneration, other than pension, paid by the Government of a Contracting State, a political subdivision or a local authority thereof to an individual in respect of services rendered to the Government of that Contracting State, a political subdivision or a local authority thereof, shall be taxable only in that Contracting State.

(b) However, such remuneration shall be taxable only in the other Contracting State if the services are rendered in that other Contracting State
and the individual is a resident of that other Contracting State who:

(i) is a national of that other Contracting State; or

(ii) did not become a resident of that other Contracting State solely for the purpose of rendering the services.

(a) Any pension paid by, or out of funds to which contributions are made by, the Government of a Contracting State, a political subdivision or a
local authority thereof to an individual in respect of services rendered to the Government of that Contracting State, a political subdivision or a
local authority thereof shall be taxable only in that Contracting State.

(b) However, such pension shall be taxable only in the other Contracting State if the individual is a resident of, and a national of, that other
Contracting State.

The provisions of Articles 15, 16, 17 and 18 shall apply to
remuneration and pensions in respect of services rendered in connection with a business carried on by the Government of a Contracting State, a political subdivision or a
local authority thereof.

ARTICLE 20 TEACHERS AND RESEARCHERS

An individual who is, or was immediately before visiting a Contracting State,
a resident of the other Contracting State and who, at the
invitation of the first-mentioned Contracting State or of a university, college, school, museum or other cultural institution in that first-mentioned Contracting State or under an official programme of cultural exchange, is present in that Contracting State for a period not exceeding two years solely for the purpose of teaching, giving lectures or carrying out research at such institution shall be exempt from tax in that Contracting State on his remuneration for such activity, provided he is subject to tax thereon in the other Contracting State.

ARTICLE 21 STUDENTS AND TRAINEES

Payments which a student or business apprentice who is or was
immediately before visiting a Contracting State a resident of the other Contracting State and who is present in the first-mentioned Contracting State solely for the purpose of his education or training receives for the purpose of his maintenance, education or training shall not be taxed in that Contracting State, provided that such payments arise from sources outside that Contracting State.
In respect of grants, scholarships and remuneration from employment not covered by paragraph 1, a student or business apprentice described in
paragraph 1 shall, in addition, be entitled during such education or training to the same exemptions, reliefs or reductions in respect of taxes available to residents of the Contracting State which he is visiting.

ARTICLE 22 OTHER INCOME

Items of income of a resident of a Contracting State, arising in
the other Contracting State and not dealt with in the foregoing Articles of this Agreement, may be taxed in that other Contracting State.

ARTICLE 23

METHODS FOR ELIMINATION OF DOUBLE TAXATION

In China, double taxation shall be eliminated as follows:

(a) where a resident of China derives income from Brazil, the amount of tax on that income payable in Brazil in accordance with the provisions of this Agreement, shall be credited against the Chinese tax imposed on that resident. The amount of credit, however, shall not exceed the amount of the Chinese tax on that income computed in accordance with the taxation laws and regulations of China;

(b) in addition to the provisions of subparagraph (a), where the
income derived from Brazil is a dividend paid by a company which is a resident of Brazil to a company which is a resident of China and which owns not less than 10 per cent of the shares of the company paying the dividend,
the credit shall take into account the tax paid in Brazil by the company paying the dividend in respect of its income.

In Brazil, double taxation shall be eliminated as follows:

where a resident of Brazil derives income from China, the amount of tax on that income payable in China in accordance with the provisions of this Agreement,
shall be credited against the Brazilian tax imposed on that resident. The amount of credit, however, shall not exceed the amount of the Brazilian tax on that income computed in accordance with the taxation laws and regulations of Brazil.

ARTICLE 24

NON-DISCRIMINATION

Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith, which is other or more burdensome than the taxation and connected requirements to which nationals of that other Contracting State in the same circumstances are or may be subjected.
The taxation on a permanent establishment which an enterprise of a Contracting State has in the other Contracting State shall not be less favourably levied in that other Contracting State than the taxation levied on enterprises of that
other Contracting State carrying on the same activities. The provisions of this
paragraph shall not be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, reliefs and reductions for taxation purposes on account of civil status of family responsibilities which it grants to its own residents.
Except where the provisions of Article 9, paragraph 7 of Article 11, or paragraph 6 of Article 12, apply, interest, royalties and other disbursements paid by an enterprise of a Contracting State to a resident of the other Contracting State
shall, for the purpose of determining the taxable profits of such enterprise, be deductible under the same conditions as if they had been paid to a resident of the first-mentioned State.
Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned State to any
taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which other similar enterprises of the first-mentioned State are or may be subjected.
In this Article, the term “taxation” means taxes to which this Agreement applies.

ARTICLE 25

MUTUAL AGREEMENT PROCEDURE

Where a resident considers that the actions of one or both of the Contracting State result or will result for him in taxation not in accordance with the provisions of this Agreement, he may, irrespective of the remedies provided by the
domestic law of those States, present his case to the competent authority of the
Contracting State of which he is a resident. The case must be presented within 3 years
from the first notification of the action resulting in taxation not in accordance with the provisions of the Agreement.
The competent authority shall endeavour, if the objection appears
to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other
Contracting State, with a view to the avoidance of taxation which is not in accordance with the provisions of the Agreement.
The campetent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the
interpretation or application of the Agreement. They may also consult together for the elimination of double taxation in cases not provided for in this Agreement.
The competent authorities of the Contracting States may communicate with each other directly for the purpose of reaching an agreement in the sense of paragraphs 2 and 3.

ARTICLE 26 EXCHANGE OF INFORMATION

The   competent   authorities   of   the   Contracting   States   shall

exchange such information as is necessary for carrying out the provisions of this Agreement or of the domestic laws of the Contracting States concerning taxes covered by the Agreement, insofar as the taxation thereunder is not contrary to this Agreement, in particular for the prevention of evasion of such taxes. The exchange of information is not restricted

by Article 1. Any information received by a Contracting State shall
be treated as secret and shall be disclosed only to persons or authorities
(including courts and administrative bodies) involved in the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in
relation to, the taxes covered by the Agreement. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions.

In no case shall the provisions of paragraph 1 be construed so as to impose on a Contracting State the obligation:

(a) to carry out administrative measures at variance with the laws
and the administrative practice of that or of the other Contracting State;

(b) to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other
Contracting State;

(c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy (ordre public) .

ARTICLE 27

DIPLOMATIC AGENTS AND CONSULAR OFFICERS

Nothing in this Agreement shall affect the fiscal privileges of diplomatic agents or consular officers under the general rules of international
law or under the provisions of special agreements.

ARTICLE 28 ENTRY INTO FORCE

Each Contracting State shall notify the other, through diplomatic channels, of the fulfillment of all internal legal procedures necessary for the entry into
force of this Agreement. This Agreement shall enter into force on the thirtieth day after the date of the second notification.
This Agreement shall take effect as follows:

(a) in respect of taxes withheld at source, to payments received on or after the first day of January of the calendar year immediately following that
in which the Agreement enters into force;

(b) in respect of other taxes covered by the Agreement, for taxable years beginning on or after the first day of January of the calendar
year immediately following that in which the Agreement enters into force.

ARTICLE 29 TERMINATION

This Agreement shall continue in effect indefinitely but either of the Contracting State may, on or before the thirtieth day of June in any calendar year beginning after the expiration of a period of five years from the date of its
entry into force, give written notice of termination to the other Contracting State through
the diplomatic channels. In such event this Agreement shall cease to have effect:

(a) in respect of taxes withheld at source, to payments received on or after the first day of January of the calendar year immediately following that
in which the notice of termination is given;

DONE at Beijing this 5th day of August 1991, in duplicate, in
the Chinese, Portuguese and English Languages, all three texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.

For the Government For the Government

of the People’s Republic of China of the Federative Republic of Brazil

China - Brazil Tax Treaty

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