· Document Number：Announcement No. 3 [2011] of the State Administration of Taxation

· Area of Law： Foreign Affairs Taxation

· Level of Authority： Departmental Regulatory Documents

· Date issued：01-06-2011

· Effective Date：01-01-2011

· Status： Effective

· Issuing Authority： State Administration of Taxation

Announcement of the State Administration of Taxation
(No. 3 [2011])
Announcement on the Entry into Force and Implementation of Protocol III to the Agreement between China and Singapore for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income
Protocol III to the Agreement between the Government of the People's Republic of China and the Government of the Republic of Singapore for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income (hereinafter referred to as Protocol III) was officially signed in Beijing on July 23, 2010. The foreign affairs departments of both governments have exchanged notes with each other on September 21, 2010 and October 22, 2010, respectively, confirming that the required legal procedures for its entry into force have been accomplished. According to Article 2 of Protocol III, the present Protocol shall become effective as of January 1, 2011 and shall apply to the taxes attributable to the tax period commencing on or after January 1, 2011.
State Administration of Taxation
January 6, 2011
Protocol III to the Agreement between the Government of the People's Republic of China and the Government of the Republic of Singapore for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income
As to the Agreement between the Government of the People's Republic of China and the Government of the Republic of Singapore for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income (hereinafter referred to as the Agreement) signed in Singapore on July 11, 2007, the Government of the People's Republic of China and the Government of the Republic of Singapore have agreed that the following provisions shall be an integral part of the Agreement:
Article 1 About Article 25 of the Agreement, paragraphs 1 through 3 shall be deleted and be replaced by the following provisions:
“ 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 of 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 by a Contracting State under paragraph 1 herein 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 for such purposes only. 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 available 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 (public order).
4. If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information collection 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.
5. 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 2 The Contracting States shall notify each other through diplomatic channels that the domestic legal procedures required for the entry into force of Protocol III have been duly accomplished. Protocol III shall come into force on the date on which the latter notice is received. Protocol III shall apply to the taxes attributable to the tax period commencing on or after January 1, 2011.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Protocol.　
Done in duplicate in Beijing on July 23, 2010 in Chinese and English, both texts are equally authentic.