CA NeWs Beta*: THE AGREEMENT BETWEEN THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REG

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Friday, December 2, 2011

THE AGREEMENT BETWEEN THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REG

THE AGREEMENT BETWEEN THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE FRENCH REPUBLIC FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL AND THE PREVENTION OF FISCAL EVASION COMES INTO EFFECT ON 1 DECEMBER 2011 (1 DECEMBER 2011)The Agreement between the Government of the Hong Kong Special Administrative Region of the People's Republic of China and the Government of the French Republic for the Avoidance of Double Taxation with respect to Taxes on Income and on Capital and the Prevention of Fiscal Evasion ("the Agreement") was formally signed on 21 October 2010.

According to Article 28 of the Agreement, the Agreement shall, upon the written notifications by both sides of the completion of their respective required approval procedures, enter into force on the first day of the month following the day when the later of these notifications has been received.

For the purposes of giving effect to the Agreement, an Order was made by the Chief Executive in Council on 3 May 2011 under section 49(1A) of the Inland Revenue Ordinance. The Order was published in the Gazette as Legal Notice 65 of 2011. The Order was laid before the Legislative Council for negative vetting on 18 May 2011. The vetting period expired on 6 July 2011 and no resolution was made by the Legislative Council to amend the whole or any part of the Order. On 8 July 2011, Hong Kong sent a notification of the completion of the ratification procedures to France. On 3 November 2011, Hong Kong received a notification dated 3 November 2011 from France confirming the completion of the requisite approval procedures. The Agreement therefore becomes effective on 1 December 2011 and shall have effect in Hong Kong, according to paragraph 2 of Article 28 of the Agreement, for any year of assessment beginning on or after 1 April 2012. – www.ird.gov.hk

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