China - Bulgaria Tax Treaty

AGREEMENT

BETWEEN

THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND

THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BULGARIA

FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND CAPITAL

The Government of the People’s Republic of China and the Government of the People’s Republic of Bulgaria;

Desiring to promote and deepen the economic cooperation between the People’s Republic of China and the People’s Republic of Bulgaria in accordance with the principle of equality and mutual benefit, through an Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital;

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

This Agreement shall apply to taxes on income and on capital imposed on behalf of a Contracting State or of its local authorities irrespective of the manner
in which they are levied.
There shall be regarded as taxes on income and on capital all taxes imposed on total income and on total capital, or on elements of income or of capital, including taxes on gains from the alienation of movable or immovable property, as well as taxes on capital appreciation.
The existing taxes to which the Agreement shall apply are:

(a) in 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 People’s Republic of Bulgaria:

(i) the tax on total income;

(ii) the tax on income of single males and females, divorced
persons and spouses without children;

(iii) the tax on profits;

(iv) the tax on buildings;

(hereinafter referred to as “Bulgarian tax” ) .

This Agreement shall also apply to any identical or
substantially similar taxes which are imposed after the date of signature of this Agreement in
adition to, or in place of, the existing taxes referred to in paragraph 3. The competent authorities of the Contracting States shall notify each other of any substantial changes which have been made in their respective taxation laws within a reasonable period of time after such changes.

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 subsoil and
superjacent water resources in accordance with international law;

(b) the term “Bulgaria” means the People’s Republic of Bulgaria; and when used in geographical sense means the territory over which it exercises its state sovereignty as well as the continental shelf and the exclusive economic zone on which it exercises sovereign rights according to international law;

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

(e) the term “person” means an individual, a legal person,
including 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 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, in the case of China, the Ministry of Finance or its authorized representative, and in the case of Bulgaria, the Minister of Economy and Planning or his authorized representative.

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:

(a) In the case of China, any person who, under the laws of China, is liable to tax therein by reason of his domicile, residence, place of head office;

(b) In the case of Bulgaria, individuals who are nationals of
Bulgaria and legal persons who have their place of head office or are registered therein.

Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then the competent authorities of the Contracting States shall determine by mutual agreement the Contracting State of which that individual shall be deemed to be a resident for the purposes of this 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 head office 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 Stare, 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 or 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 temporay maintenance of a stock of goods displayed by the enterprise in a stock fair or an exhibition which is to be sold after the conclusion;

(f) 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 auxiliary character;

(g) an assembly services carried on by an enterprise of a Contracting State in the other Contracting State in connection with the sale of machinery or equipment to that other Contracting State;

(h) the maintenance of a fixed place of business solely for any combination of the activities mentioned in subparagraphs (a) to (g), provided that the overall activity of the fixed place of business resulting
from this combination is of a preparatory or 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 exercises
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 Contracting State shall not be deemed to
have a permanent establishment in the other Contracting State merely because it carries on business in that 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.
The fact that a company which is a resident of a Contracting State participates in the capital of 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 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 professional 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 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
business of the permanent establishment, including executive and general administrative expenses so incurred, whether in the State in which the permanent establishment
is situated or elsewhere.
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 purposes 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 separately 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 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 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 dividends 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 10 per cent of the gross amount of the dividends.

The provisions of this paragraph shall not affect the taxation of
the company in respect or the profits out of which the dividends are paid.

The term “dividends” as used in this Article means income from 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 professional 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 13, as the case may be, shall apply.

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 10 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 it 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 10 per cent of the gross amount of the interest.
Notwithstanding the provisions of paragraph 2, interest arising in a Contracting State and derived by the Government of the other Contracting State, a local authority and the Central Bank thereof or any financial institution wholly
owned by that Government, or by any other resident of that other Contracting State with respect to debt-claims indirectly financed by the Government of that Contracting State, a local authority, and the Central bank thereof or any financial institution wholly owned by that Government, shall be exempt from tax in the first-mentioned 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 professional 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 13, 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 local authority thereof or a resident of that contracting 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.

ARTICLE 11 ROYALTIES

Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other 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) 7 per cent of the gross amount of the royalties in the case of the use,
or the right to use industrial, commercial or scientific equipment;

(b) 10 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 (certificate of invention), 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 professional 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 or fixed base. In such case the provisions of Article 7 or Article 13, 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 local authority there of 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 or 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 payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement.

ARTICLE 12 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 professional 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 of
the enterprise is situated.
Gains from the alienation of shares of the capital stock of a company the property of which consists directly or indirectly principally of immovable property situated in a Contracting State may be taxed in that Contracting State.

ARTICLE 13

INCOME FROM INDEPENDENT PROFESSIONAL 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 his stay in the other Contracting State is for a period or periods exceeding in the aggregate 183 days in the calendar year concerned; in that case, only so much of the income as is derived from his
activities performed in that other Contracting State 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 14

INCOME FROM DEPENDENT PROFESSIONAL SERVICES

Subject to the provisions of Articles 15, 17, 18, 19 and 20,
salaries, wages and other similar remunerations 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  provisions  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 first-mentioned 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, 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 office of the enterprise is situated.

ARTICLE 15 DIRECTORS' FEES

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

ARTICLE 16 ARTISTES AND ATHLETES

Notwithstanding the provisions of Articles 13 and 14, 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, 13 and 14, 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 the both Contracting States shall be exempt from tax
in that other Contracting State.

ARTICLE 17 PENSIONS

Subject to the provisions of paragraph 2 of Article 18, 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.

ARTICLE 18 GOVERNMENT SERVICE

(a) Remuneration, other than pension, paid by the Government of a Contracting State or a local authority thereof to an individual in respect of
services rendered to the Government of that Contracting State or a local
authority

thereof, in the discharge of functions of a governmental nature,
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 or a local authority thereof
to an individual in respect of services rendered to the Government of
that Contracting State 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 14, 15, 16 and 17 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 or a local authority thereof.

ARTICLE 19 TEACHERS AND RESEARCHERS

An individual who is, or immediately before visiting a Contracting State was,
a resident of the other Contracting State and is present in
the first-mentioned Contracting State for the primary purpose of teaching, giving lectures or conducting research at an university, college, school or educational institution
or scientific research institution accredited by the Government of the first-mentioned Contracting State shall be exempt from tax in the first-mentioned Contracting State, for a period of five years from the date of his first arrival in the
first-mentioned Contracting State, in respect of remuneration for such teaching, lectures or research.

ARTICLE 20 STUDENTS AND TRAINEES

A student, business apprentice or trainee 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 State solely for the purpose of his
education, training shall be exempt from tax in that first-mentioned State on the
following payments received by him for the purpose of his maintenance, education or training:

(a) payments derived from sources outside that Contracting State for the purpose of his maintenance, education, study, research or training;

(b) grants, scholarships or awards supplied by the Government, or a scientific, educational, cultural or other tax-exempt organization.

In respect of remuneration from employment a student, business
apprentice or trainee described in paragraph 1 shall 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 21 CAPITAL

Capital represented by immovable property referred to in Article 6, owned by a resident of a Contracting State and situated in the other Contracting State, may be taxed in that other State.
Capital represented by 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 by movable property pertaining to a fixed base
available to a resident of a Contracting State in the other Contracting State for
the purpose or performing independent professional services, may be taxed in that other State.
Capital represented by ships and aircraft operated in international traffic and by movable property pertaining to the operation of such ships and
aircraft, shall be taxable only in the Contracting State in which the place of head
office of the enterprise is situated.
All other elements of capital of a resident of a Contracting State shall be taxable only in that State.

ARTICLE 22

METHODS FOR ELIMINATION OF DOUBLE TAXATION

In China, double taxation shall be eliminated as follows:

(a) where a resident of China derives income from Bulgaria, the amount of the tax on that income payable in Bulgaria in accordance with the provisions of this Agreement, may 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) where the income derived from Bulgaria is a dividend paid by a company which is a resident of Bulgaria to a company which is a resident of China and which owns not less than 10 per cent of the capital of the company paying the dividend, the credit shall take into account the tax paid to Bulgaria by the company paying the dividend in respect of its income.

In Bulgaria, double taxation shall be eliminated as follows:

(a) where a resident of Bulgaria derives income or owns capital
which, in accordance with the provisions of this Agreement, may be taxed in China, Bulgaria shall, subject to the provisions of subparagraphs (b) and (c) of this paragraph, exempt such income or capital from tax;

(b) where a resident of Bulgaria derives dividends, interest or royalties which in accordance with the provisions of Articles 9, 10 and 11 of this Agreement may be taxed in China, Bulgaria shall allow as a deduction from the tax on the dividends, interest and royalties of that
resident an amount equal to the tax paid in China. such deduction shall not, however, exceed that part of the tax, as computed before the deduction is
given, which is attributable to such dividends, interest and royalties derived from China;

(c) where in accordance with any provision of this Agreement income derived or capital owned by a resident of Bulgaria is exempt from tax in Bulgaria, Bulgaria may, nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account
the exempted income or capital.

In the case of business profits, arising in a Contracting
State, according to the laws and regulations in force in both Contracting States may be
entitled to tax reduction or exemption within a limited period, such tax reduction or exemption shall be deemed to have been paid at the total amount.

ARTICLE 23

NON-DISCRIMINATION

National 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 provisions of this paragraph shall, notwithstanding the provisions of
Article 1, also apply to persons who are not residents of one or both of the Contracting States.
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 or family responsibilities which it grants to its own residents.
Except where the provisions of paragraph 7 of Article 10 or
paragraph 6 of Article 11 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 participated in, 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.

ARTICLE 24

MUTUAL AGREEMENT PROCEDURE

Where a person considers that the actions of one or both of the Contracting States 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 or, if his case comes under paragraph 1 of Article 23, to that of the Contracting State of which he is a national. The case must be presented within three 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 this Agreement. Any agreement reached shall be
implemented notwithstanding any time limits in the domestic law of the Contracting States.
The competent 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. When it seems advisable for reaching agreement, representatives of the competent authorities of the Contracting States may meet together for an oral exchange of opinions.

ARTICLE 25 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 there under is not contrary to the Provisions of this Agreement,

in Particular for the prevention of fraud or fiscal 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 authorites (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 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, industial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy (ordre public) .

ARTICLE 26

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 27 ENTRY INTO FORCE

This Agreement shall enter into force on the thirtieth day after the date on which diplomatic notes indicating the completion of internal legal procedures necessary in each country for the entry into force of this Agreement have been exchanged. This Agreement shall have effect as respects in come derived during the
taxable years beginning on or after the first day of January next following that
inwhich this Agreement enters into force.

ARTICLE 28 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 channel. In such event this Agreement shall cease to have effect as respects income derived during the taxable years beginning on or after the first day of January in the calendar year next following that in which the notice of termination is given.

DONE at Beijing on the 6th day of November, 1989 in duplicate in
the Chinese, Bulgarian and English languages, all three texts being equally authentic. In the case of divergence of interpretation the English text shall prevail.

For the Government For the Government of the People’s Republic of of the People’s Republic of

China Bulgaria

China - Bulgaria Tax Treaty

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