Research on the Connection Between Mutual Agreement Procedure and Domestic Settlement of International Tax Disputes in China

Abstract

As the main international settlement to the international tax disputes, the Mutual Agreement Procedure (MAP) coincides with the domestic remedies in China, such as tax administrative review and tax administrative litigation. It is necessary for the law to clarify the order and relationship of those procedure application. Based on China's Tax Collection and Administration Law and other documents, the four possibilities of the connection between MAP and domestic solutions are classified and discussed, showing that the connection is not smooth. Since the root of the problem lies in the lack of law, we can draw on the experience of legislation and tax practice in Canada and other developed countries. It is clear that MAP and domestic settlement cannot be carried out simultaneously. The MAP can be set up as an institutional arrangement at the same level as the administrative review but with priority to be applied. MAP should be regarded as a pre-requirement for the completion of the review in order to initiate the administrative proceedings. We should protect the taxpayers' right to start MAP in the whole process of administrative litigation, as well as firmly maintain the finality and authority of administrative litigation judgment.