legal ground
The full text of the agreement between People's Republic of China (PRC) and the Royal Danish Government on the avoidance of double taxation and the prevention of fiscal evasion with respect to income.
Royalties arising in a Contracting State and paid to residents of another Contracting State may be taxed in that other Contracting State. 2. However, the above royalties may also be taxed in the Contracting State where they occur, in accordance with the laws of that country. However, if the beneficial owner of the royalties is a resident of the other Contracting State, the tax payable shall not exceed: (1) 65,438+00% of the total royalties referred to in Item (1) of Paragraph 3; (2) 10% of the adjusted royalty amount referred to in item (2) of the third paragraph. "Adjusted amount" refers to 70% of the total royalty. The competent authorities of the contracting parties shall negotiate to determine the way to implement the above tax rate restrictions. 3. The term "royalties" as mentioned in this article refers to: (1) all kinds of remuneration paid for using or having the right to use the copyrights of literary, artistic and scientific works (including films and audio tapes used in movies, radio and television), any patents, trademarks, designs or models, drawings, secret formulas or secret programs, or information (proprietary technology) related to industrial, commercial and scientific experience. (2) All kinds of remuneration for using or having the right to use industrial, commercial or scientific equipment. 4. If the beneficial owner of royalties, as a resident of a Contracting State, conducts business in the other Contracting State where royalties occur, or engages in independent personal services through a permanent establishment located in the other Contracting State, and the right or property to pay royalties is actually related to the permanent establishment or fixed base, the provisions of paragraphs 1 and 2 shall not apply. In this case, the provisions of Article 7 or Article 14 shall apply as appropriate. Five, if the royalties are paid by the government of a Contracting State, its administrative region or local authorities or residents, the royalties shall be deemed to have occurred in that Contracting State. However, if the payer of royalties has a permanent establishment or a fixed base in a Contracting State, whether he is a resident of that Contracting State or not, and the obligation to pay royalties is related to the permanent establishment or fixed base, and the royalties are borne by him, the above royalties shall be deemed to have occurred in the Contracting State where the permanent establishment or fixed base is located.