涉及外汇的采购合同,税应该如何承担 Party B is responsible for all sales, use and excise taxes, VAT, and any other taxes, duties and charges of any kind imposed by any national or local governmental or regulatory authority on any amounts payable by Party A hereunder.
[Without limiting the generality of the foregoing, Party A shall, on behalf of Party B, withhold and pay any taxes or fees in connection with any payment made to Party B under this Agreement in accordance with the relevant PRC Laws. Furthermore, it is agreed and understood that any amount to be paid under the terms of this Agreement is after any such tax or withholding payment properly made by Party A. Party A shall (i) obtain and maintain official receipts, certificates, and other evidences of payment of any such taxes or withholding amounts from the relevant governmental authority sufficient to enable Party B to claim payment of taxes or similar amounts, (ii) promptly forward these receipts, certificates, and evidences to Party B within thirty (30) days, and (iii) provide reasonable assistance to Party B in obtaining any exemption, credit, refund, or similar relief with respect to such taxes if applicable. All payments hereunder shall, subject to the foregoing, be made free and clear of any taxes, duties, levies, fees or charges, including without limitation withholding taxes or income taxes payable to the jurisdiction in which Party A is located or domiciled (to the extent applicable).]
party B是一家境外供应商,合同中关于税如果是这样规定,那么Party A(我方)向银行申请外汇时,是否除了支付合同金额外,还要额外承担税费?对于这种涉及外汇的合同,税费规定如何承担比较好?
[Without limiting the generality of the foregoing, Party A shall, on behalf of Party B, withhold and pay any taxes or fees in connection with any payment made to Party B under this Agreement in accordance with the relevant PRC Laws. Furthermore, it is agreed and understood that any amount to be paid under the terms of this Agreement is after any such tax or withholding payment properly made by Party A. Party A shall (i) obtain and maintain official receipts, certificates, and other evidences of payment of any such taxes or withholding amounts from the relevant governmental authority sufficient to enable Party B to claim payment of taxes or similar amounts, (ii) promptly forward these receipts, certificates, and evidences to Party B within thirty (30) days, and (iii) provide reasonable assistance to Party B in obtaining any exemption, credit, refund, or similar relief with respect to such taxes if applicable. All payments hereunder shall, subject to the foregoing, be made free and clear of any taxes, duties, levies, fees or charges, including without limitation withholding taxes or income taxes payable to the jurisdiction in which Party A is located or domiciled (to the extent applicable).]
party B是一家境外供应商,合同中关于税如果是这样规定,那么Party A(我方)向银行申请外汇时,是否除了支付合同金额外,还要额外承担税费?对于这种涉及外汇的合同,税费规定如何承担比较好?
2018-08-09 13:39 薛小杰(上海) 已有 2 位律师回答
1 颜培卿律师 2018-08-09 13:47
协商处理
2 尤辰荣律师 2018-08-09 13:51
建议去税务局问。
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