According to a release from Cambodia's General Department of Taxation on 27 December 2018, the income tax treaty with Brunei has entered into force and applies from 1 January 2019. The treaty, signed 27 July 2017, is the first of its kind between the two countries.
The treaty covers Brunei income tax imposed under the Income Tax Act and petroleum profits tax imposed under the Income Tax (Petroleum) Act. It covers Cambodian tax on profit including withholding tax, additional profit tax on dividend distributions, and capital gains tax, and tax on salary.
The treaty includes the provision that a permanent establishment will be deemed constituted if an enterprise furnishes services in a Contracting State through employees or other engaged personnel for the same or connected projects for a period or periods aggregating more than 183 days within any 12-month period.
Article 7 (Business Profits) includes a limited force of attraction provision whereby taxing rights are granted to a Contracting State on profits attributable to the sale of goods or merchandise or other business activities carried on in that Contracting State by a resident of the other State if the same or similar goods or merchandise or business activities are also sold or carried out by a PE maintained by that resident in the first-mentioned Contracting State.
The beneficial provisions of Articles 10 (Dividends), 11 (Interest), 12 (Royalties), and 13 (Technical Fees) will not apply if the main purpose or one of the main purposes of any person concerned with the creation or assignment of the shares, debt-claims, or other rights in respect of which the income is paid was to take advantage of those Articles by means of that creation or assignment. The limitation is included in each of those Articles.
The following capital gains derived by a resident of one Contracting State may be taxed by the other State:
Gains from the alienation of other property by a resident of a Contracting State may only be taxed by that State.
Both countries apply the credit method for the elimination of double taxation. The treaty also provides for a tax sparing credit for tax that is exempted or reduced in accordance with the laws and regulations or other special incentive measures of a Contracting State designed to promote economic development.
The treaty applies in Brunei in respect of withholding taxes from 1 January 2019 and in respect of other taxes from 1 January 2020. It applies in Cambodia from 1 January 2019.
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