[20171219]LSB10047_如果H.R.1与美国税收协定冲突？.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i What Happens if H.R. 1 Conflicts with U.S. Tax Treaties? December 19, 2017 When a provision in the Internal Revenue Code (IRC) conflicts with a U.S. tax treaty, which takes precedence over the other? This question may be of interest to Congress as it considers the Tax Cuts and Jobs Act (H.R. 1), amid reports discussing whether certain provisions in the bill may be inconsistent with existing U.S. tax treaties. The United States has bilateral tax treaties with approximately 65 countries that are intended to reduce the incidence of double taxation and prevent tax evasion. These treaties are negotiated by the Treasury Department and ratified by the President with the advice and consent of the Senate. As discussed below, Congress has the authority, if it so chooses, to address expressly the relationship between the provisions in legislation and potentially conflicting tax treaties. In the absence of such express language, if a provision in H.R. 1 was found to conflict with an existing tax treaty, it is likely that a court would determine that H.R. 1 takes precedence over the treaty based on relevan