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China - Israel Tax Treaty

AGREEMENT BETWEEN

THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF FINLAND

FOR THE AVOIDANCE OF DOUBLE TAXATION 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 Republic of Finland,

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 PERSONS COVERED

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

Article 2 TAXES COVERED

  1. This Agreement shall apply to taxes on income imposed on behalf of a Contracting State or its local authorities, irrespective of the manner in which they are levied.

  2. There shall be regarded as taxes on income all taxes imposed on
    total income, or on elements of income, including taxes on gains from the alienation of movable or immovable property, as well as taxes on capital appreciation.

  3. The existing taxes to which the Agreement shall apply are:

a) in China:

(i) the individual income tax;

(ii) the enterprise income tax; (hereinafter referred to as "Chinese tax");

b) in Finland:

(i) the state income taxes (valtion tuloverot; de statliga inkomstskatterna);

(ii) the corporate income tax (yhteisöjen tulovero; inkomstskatten för samfund);

(iii) the communal tax (kunnallisvero; kommunalskatten);

(iv) the church tax (kirkollisvero; kyrkoskatten);

(v) the tax withheld at source from interest (korkotulon lähdevero; källskatten på ränteinkomst); and

(vi) the tax withheld at source from non residents' income
(rajoitetusti verovelvollisen lähdevero; källskatten för begränsat skattskyldig);

(hereinafter referred to as "Finnish tax").

  1. The Agreement shall apply also to any identical or substantially
    similar taxes that are imposed after the date of signature of the Agreement in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any significant changes which have been made in their taxation laws.

Article 3 GENERAL DEFINITIONS

  1. 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 a geographical sense, it 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 sea-bed and its sub-soil and superjacent water resources in accordance with
international law and its internal law;

b) the term "Finland" means the Republic of Finland and, when used in a geographical sense, means the territory of the Republic of Finland, and any area
adjacent to the territorial waters of the Republic of Finland within which, under the laws of Finland and in accordance with international law, the rights of Finland
with respect to the exploration for and exploitation of the natural resources of the sea bed and its sub soil and of the superjacent waters may be exercised;

c) the term "person" includes an individual, a company and any other body of persons;

d) the term "company" means any body corporate or any entity that is treated as a body corporate for tax purposes;

e) 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;

f) the term "international traffic" means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State;

g) the term "competent authority" means, in the case of China, the State Administration of Taxation or its authorized representative, and in the case of Finland, the Ministry of Finance, its authorised representative or the authority which, by the
Ministry of Finance, is designated as competent authority;

h) the term "national", in relation to a Contracting State, means:

(i) any individual possessing the nationality of a Contracting State; and

(ii) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State.

  1. As regards the application of the Agreement at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning which it has at that time under the law of that State for the purposes of
    the taxes to which the Agreement applies, any meaning under the applicable tax laws of that State prevailing over a meaning given to the term under other laws of that State.

Article 4 RESIDENT

  1. For the purposes of this Agreement, the term "resident of a Contracting State" means any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place of incorporation (registration), place of effective management or any other criterion of a similar nature, and also includes that State and any
    statutory body or local authority thereof. This term, however, does not include any person who is liable to tax in that State in respect only of income from sources in that State situated therein.

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

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

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

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

  1. 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 only of the State in which its place of effective management is situated.

Article 5 PERMANENT ESTABLISHMENT

  1. 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.

  2. The term "permanent establishment" includes especially:

a) a place of management;

b) a branch;

c) an office;

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.

  1. The term "permanent establishment" likewise encompasses:

(a) A building site, or construction, assembly or installation project or supervisory activities in connection therewith, but only if such site, project or activities last more than 6 months;

(b) The furnishing of services, including consultancy services, by an enterprise through employees or other personnel engaged for such purpose, but only if
activities of that nature continue ( for the same or a connected project) within a Contracting State for a period or periods aggregating more than 183 days within any twelve-month period.

  1. Notwithstanding the preceding provisions of this Article,
    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 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;

f) the maintenance of a fixed place of business solely for any combination of activities mentioned in sub-paragraphs a) to e), provided that the overall
activity of the fixed place of business resulting from this combination is of a
preparatory or auxiliary character.

  1. Notwithstanding the provisions of paragraphs 1 and 2, where a
    person-- other than an agent of an independent status to whom paragraph 7 applies -- is acting
    in a Contracting

State on behalf of an enterprise of the other Contracting State, and has , and habitually exercises, in that Contracting State an authority to conclude contracts in the name of the enterprise, that enterprise shall be deemed to have a permanent
establishment in that 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.

  1. Notwithstanding the preceding provisions of this Article, an
    insurance enterprise of a Contracting State shall, except in regard to re-insurance, be deemed
    to have a permanent establishment in the other Contracting State if it collects premiums in the
    territory of that other State or insures risks situated therein through a person other
    than an agent of an independent status to whom paragraph 7 applies.

  2. 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 other 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.

  3. 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

  1. 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 State.

  2. 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.

  3. The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of immovable property.

  4. Where the ownership of shares or other corporate rights in a company entitles the owner of such shares or corporate rights to the enjoyment of immovable
    property held by the company, the income from the direct use, letting, or use in any other form of such right to

enjoyment may be taxed in the Contracting State in which the
immovable property is situated.

  1. 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

  1. The profits of an enterprise of a Contracting State shall be
    taxable only in that 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 State, but only so much of them as is attributable to that permanent establishment.

  2. 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.

  3. 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, whether in the State in which the permanent establishment is situated or elsewhere.

  4. 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.

  5. 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.

  6. For the purposes of the preceding paragraphs, 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.

  7. 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

  1. Profits of an enterprise of a Contracting State from the operation of ships or aircraft in international traffic shall be taxable only in that Contracting State.

  2. 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

  1. 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.

  1. Where a Contracting State includes in the profits of an
    enterprise of that State -- and taxes accordingly -- profits on which an enterprise of the other Contracting State has been charged to tax in that other State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned State if the
    conditions made between the two enterprises had been those which would have been made between
    independent enterprises, then that other State shall make an appropriate adjustment to the amount of the tax charged therein on those profits, where that other State
    considers the adjustment justified. In determining such adjustment, due regard shall be had to the other provisions of this Agreement and the competent authorities of the Contracting States shall, if necessary, consult each other.

Article 10 DIVIDENDS

  1. 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 State.

  2. 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 State, but if

the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed:

a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company (other than a partnership) which holds directly at least 25 per cent of the capital of the company paying the dividends;

b) 10 per cent of the gross amount of the dividends in all other cases.

This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.

  1. 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.

  2. 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 other
    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.

  3. Where a company which is a resident of a Contracting State derives
    profits or income from the other Contracting State, that other 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 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 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 State.

  4. The provision of this Article shall not apply if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of
    the shares or other rights in respect of which the dividend is paid to take advantage of this Article by means of that creation or assignment.

Article 11 INTEREST

  1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State.

  2. However, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that State, but if the beneficial owner of the interest is a resident of the other Contracting State, the tax so charged shall not exceed 10
    per cent of the gross

amount of the interest. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this limitation.

  1. Notwithstanding the provisions of paragraph 2, interest arising in a Contracting State and paid to the Government, a local authority, the Central Bank or any institution wholly owned by the Government of the other Contracting State, or paid on loans guaranteed or insured by the Government, a local authority, the Central Bank or any institution wholly owned by the Government of the other Contracting State, shall be
    exempt from tax in the first-mentioned State.

  2. 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.

  3. The provisions of paragraphs 1 and 2 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 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.

  4. Interest shall be deemed to arise in a Contracting State when the payer is 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 State in which the permanent establishment or fixed base is situated.

  5. 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.

  6. The provision of this Article shall not apply if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of
    the debt-claim in respect of which the interest is paid to take advantage of this
    Article by means of that creation or assignment.

Article 12 ROYALTIES

  1. Royalties arising in a Contracting State and beneficially owned by a resident of the other Contracting State may be taxed in that other State.

  2. However, such royalties may also be taxed in the Contracting State in which they arise and according to the laws of that State, but if the beneficial
    owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the royalties. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this limitation.

  3. 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, or films or tapes for
    radio or television broadcasting, any patent, 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.

  4. 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 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 or fixed base.
    In such case the provisions of Article 7 or Article 14, as the case may be, shall apply.

  5. Royalties shall be deemed to arise in a Contracting State when the payer is 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 State in which the permanent establishment or fixed base is situated.

  6. 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.

  7. The provision of this Article shall not apply if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the rights in respect of which the royalties are paid to take advantage of this Article by means of that creation or assignment.

Article 13 CAPITAL GAINS

  1. 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 State.

  2. 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 with the whole enterprise) or of such a fixed base, may be taxed in that other State.

  3. Gains derived by an enterprise of a Contracting State 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 that State.

  4. Gains from the alienation of shares in 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.

  5. Gains derived by a resident of a Contracting State from the
    alienation of shares in a company which is a resident of the other Contracting State may be taxed in that other State if the recipient of the gain, at any time during the 12 month
    period preceding such alienation, had a participation, directly or indirectly, of at least 25 per cent in the capital of that company.

  6. Gains from the alienation of any property, other than that referred to in paragraphs 1 to 5, shall be taxable only in the Contracting State of which the alienator is a resident.

Article 14 INDEPENDENT PERSONAL SERVICES

  1. 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 State except in 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 State; or

b) if his stay in the other Contracting State is for a period or periods amounting to or exceeding in the aggregate 183 days in any twelve month period
commencing or ending in the fiscal year concerned; in that case, only so much of
the income as is derived from his activities performed in that other State may be
taxed in that other State.

  1. 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

INCOME FROM EMPLOYMENT

  1. Subject to the provisions of Articles 16, 18, and 19, 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 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 State.

  2. 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 State for a period or periods not exceeding in the aggregate 183 days in any twelve month period commencing or ending
in the fiscal year concerned, and

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

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

  1. Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic by an enterprise of a Contracting State, may be taxed in that Contracting State.

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 any other similar organ of a company which is a resident of the other Contracting State may be taxed in that other State.

Article 17 ARTISTES AND SPORTSMEN

  1. Notwithstanding the provisions of Articles 7, 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 a sportsman, from his personal activities as such exercised in the other Contracting State, may be taxed in that other State.

  2. Where income in respect of personal activities exercised by an entertainer or a sportsman in his capacity as such accrues not to the entertainer or sportsman 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 sportsman are exercised.

Article 18 PENSIONS

  1. 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 State.

  2. Notwithstanding the provisions of paragraph 1, and subject to
    the provisions of paragraph 2 of Article 19, pensions paid and other similar payments made under the social security legislation or system of a Contracting State or a local
    authority thereof may be taxed in that State.

Article 19 GOVERNMENT SERVICE

  1. a) Salaries, wages and other similar remuneration, other than a
    pension, paid by a Contracting State or a statutory body or a local authority thereof
    to an individual in respect of services rendered to that State or body or authority, shall be taxable only in that State.

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

(i) is a national of that State; or

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

  1. a) Pensions and other similar remuneration paid by, or out of
    funds created by, a Contracting State or a statutory body or a local authority thereof
    to an individual in respect of services rendered to that State or body or authority shall be taxable only in that State.

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

  1. The provisions of Articles 15, 16, 17, and 18 shall apply to salaries, wages, pensions, and other similar remuneration in respect of services rendered in
    connection with a business carried on by a Contracting State or a statutory body or a local authority thereof.

Article 20 STUDENTS

Payments which a student 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 receives for the purpose of his maintenance or education shall not be taxed in that State, provided that such payments arise from sources outside that State.

Article 21 OTHER INCOME

  1. Items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Agreement shall be taxable only in that State.

  2. The provisions of paragraph 1 shall not apply to income, other
    than income from immovable property as defined in paragraph 2 of Article 6, if the recipient of such income, being a resident of a Contracting State, carries on business in the
    other Contracting State through a permanent establishment situated therein, or performs in
    that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the income 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.

  3. Notwithstanding the provisions of paragraphs 1 and 2, items of income of a resident of a Contracting State not dealt with in the foregoing articles of this Agreement and arising in the other Contracting State may also be taxed in the other State.

Article 22

METHODS FOR ELIMINATION OF DOUBLE TAXATION

  1. In China, in accordance with the provisions of the law of China, double taxation shall be eliminated as follows:

a) Where a resident of China derives income from Finland, the amount of tax on that income payable in Finland in accordance with the provisions of this Agreement may be credited against the Chinese tax imposed on that resident. The amount of the 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 Finland is dividend paid by a company which is a resident of Finland to a company which is a resident of China and which owns not less than 20 per cent of the shares of the company paying the dividend, the credit shall take into account the tax paid to Finland by the company paying the dividend in respect of its income.

  1. In Finland, subject to the provisions of Finnish law regarding
    the elimination of international double taxation (which shall not affect the general
    principle hereof), double taxation shall be eliminated as follows:

a) Where a resident of Finland derives income which, in accordance with the provisions of this Agreement, may be taxed in China, Finland shall,
subject to the provisions of sub paragraph b), allow as a deduction from the Finnish tax of that person, an amount equal to the Chinese tax paid under Chinese law and in accordance with the Agreement, as computed by reference to the same income by reference
to which the Finnish tax is computed.

b) Dividends paid by a company being a resident of China to a company which is a resident of Finland and which controls directly at least 10 per cent of the voting power in the company paying the dividends shall be exempt from Finnish tax.

c) Where in accordance with any provision of the Agreement income
derived by a resident of Finland is exempt from tax in Finland, Finland may
nevertheless, in calculating the amount of tax on the remaining income of such person, take into account the exempted income.

Article 23 MISCELLANEOUS RULE

Nothing in this Agreement shall prejudice the right of each Contracting State to apply its domestic laws and measures concerning the prevention of tax avoidance, whether or not described as such, insofar as they do not give rise to taxation contrary to this Agreement.

Article 24

NON-DISCRIMINATION

  1. 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 State in the same circumstances, in particular with respect to residence, are or may be subjected. This provision shall, notwithstanding the provisions of Article 1, also apply to persons who are not residents of one or both of the Contracting States.

  2. 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 State than the taxation levied on enterprises of that other State carrying on the
    same activities. This provision 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.

  3. Except where the provisions of paragraph 1 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.

  4. 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.

  5. The provisions of this Article shall, notwithstanding the provisions of Article 2, apply to taxes of every kind and description.

Article 25

MUTUAL AGREEMENT PROCEDURE

  1. 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 24, 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.

  2. The competent authority shall endeavor, 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 Agreement.
    Any agreement reached shall be implemented notwithstanding any time limits in the
    domestic law of the Contracting States.

  3. 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 the Agreement.

  4. 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 an agreement, representatives of the competent authorities of the Contracting States may meet together for an oral exchange of opinions.

Article 26 EXCHANGE OF INFORMATION

  1. The competent authorities of the Contracting States shall exchange such information as is foreseeably relevant for carrying out the provisions of this
    Agreement or to the administration or enforcement of the domestic laws concerning taxes of every kind and description imposed on behalf of the Contracting States or their local authorities, insofar as the taxation thereunder is not contrary to the Agreement. The exchange of information is not restricted by Articles 1 and 2.

  2. Any information received under paragraph 1 by a Contracting State shall
    be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts
    and administrative bodies) concerned with the assessment or collection of, the enforcement or prosecution in respect of, the determination of appeals in relation to the taxes referred to in paragraph 1, or the oversight of the above. 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.

  3. In no case shall the provisions of paragraphs 1 and 2 be construed so as to impose on a Contracting State the obligation:

a) to carry out administrative measures at variance with the laws
and 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).

  1. If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information gathering measures to obtain the requested information, even though that other State may not need such
    information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph 3 but in no case shall such limitations be construed to permit a Contracting State to decline to supply information solely because it has no domestic
    interest in such information.

  2. In no case shall the provisions of paragraph 3 be construed to permit a Contracting State to decline to supply information solely because the information is
    held by a bank, other financial institution, nominee or person acting in an agency or a
    fiduciary capacity or because it relates to ownership interests in a person.

Article 27

MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR POSTS

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

Article 28 ENTRY INTO FORCE

  1. The Governments of the Contracting States shall notify each other
    through diplomatic channels that they have completed the internal legal procedures necessary for the entry into force of this Agreement.

  2. This Agreement shall enter into force on the thirtieth day upon the
    receipt of the latter notification referred to in paragraph 1 and its provisions shall
    have effect in both Contracting States:

a) in respect of taxes withheld at source, on income derived on
or after the first January in the calendar year next following the year in which the Agreement enters into force;

b) in respect of other taxes on income, for taxes chargeable for any tax year beginning on or after the first January in the calendar year next following the
year in which the Agreement enters into force.

  1. The Agreement between the Government of the People's Republic of
    China and the Government of the Republic of Finland for the Avoidance of Double
    Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and the Protocol thereof, signed at Helsinki on 12ᵗʰ May 1986, as modified by the Protocol signed at Helsinki on 11ᵗʰ September 1995, shall cease to have effect with respect to taxes to which this Agreement applies in accordance with the provisions of paragraph 2.

Article 29 TERMINATION

This Agreement shall remain in force indefinitely but either of the Contracting States 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 diplomatic
channels. In such event this Agreement shall cease to have effect in both Contracting States:

a) in respect of taxes withheld at source, on income derived on
or after the first January in the calendar year next following the year in which the notice is given;

b) in respect of other taxes on income, for taxes chargeable for any tax year beginning on or after the first January in the calendar year next following the
year in which the notice is given.

IN WITNESS whereof the undersigned, duly authorized thereto,
have signed this Agreement.

Done at on the day of
, in duplicate in the Chinese, Finnish and English languages, all texts being equally
authentic. In case of divergence of interpretation, the English text shall prevail.

For the Government of
For the Government of

the People's Republic of China the Republic of Finland

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