China Tax and Financial Planning Briefing: 4th Edition
WorldTrade Executive In, September 2011, Pages: 414
Tax and financial regulation can have an enormous impact on the profitability of a transaction. The newly-released China Briefing is designed to update corporate CFO’s and counsel on recent changes and practices concerning China’s tax and financial regulation. It contains case studies and analysis from leading practitioners.
Important topics include:
- M&A Transactions in China: Managing Legal Risks and Pitfalls
- The Five Biggest Mistakes People Make in Non-Disclosure Agreements
- M&A Transactions Subject to National Security Review
- M&A Due Diligence, Beware of Local Laws, OEM Agreement Basics & Getting Paid in China
- Forming A Chinese Company: Do it Right Or Do it All Wrong, But Don’t Do a Rep Office
- Business in China: China Steps up Tax Enforcement – Taking Your Product from Conception to Market
- Audits in China—How do They Differ?
- Challenges and Opportunities from a Transfer Pricing Perspective
- China Issues Detailed Guidance on Anti-Avoidance Rules: Contemporaneous Documentation Required for Transfer Pricing
- China Issues First APA Annual Report
- China Tax Treaty Preference: Burden of Proof and Documentation
- Enterprise Reorganization Rules Released Along with Implementation Guidelines for Foreign Tax Credit
- Scrutiny Increased for Group Reorganizations Using At-Cost Equity Transfers
- China Continues to Refine Tax Audit Skills
- Taxation of Foreign Sourced Income Clarified for Technology Sector - Controversy Continues over Enforcement of Anti-Avoidance Rules
- New Tort Liability Law: Ramifications for Companies Doing Business in China
- Chinese Government Publishes New Measures on Illegal Contractual Acts: Standard Contractual Clauses May Cause Administrative Liability
- Labor Law Trends
- IP Enforcement in China – Privacy in China: Do the Walls have Ears?
Other important topics cover tax treaties issues, handling disputes with Chinese factories, creative ways to make equity investments, complying with the PRC’s new M&A rules, staying on top of the new Anti-Monopoly Regulations, issues relating to China’s Company Law, and China’s VAT.
MERGERS AND ACQUISITIONS
M&A Transactions in China: Managing Legal Risks and Pitfalls
- Lefan Gong (Zhong Lun Law Firm)
The Five Biggest Mistakes People Make in Non-Disclosure Agreements
- Lefan Gong (Zhong Lun Law Firm)
M&A Transactions Subject to National Security Review
- Henry (Litong) Chen & David Dai (MWE China Law Offices)
M&A Transactions & Guidelines to Implement the Required National Security Review
- Henry (Litong) Chen & David Dai (MWE China Law Offices)
M&A Due Diligence, Beware of Local Laws, OEM Agreement Basics & Getting Paid in China
- Dan Harris (Harris & Moure, PLLC, Seattle, Washington)
BUSINESS STRUCTURE AND DOING BUSINESS
Representative Offices of Foreign Enterprises Face More Restrictions
- Molly Qin and Alex An (MWE China Law Offices, Shanghai)
Forming A Chinese Company: Do it Right Or Do it All Wrong, But Don’t Do a Rep Office
- Dan Harris (Harris & Moure, PLLC, Seattle, Washington)
Business in China: The Utility of Representative Offices Continues to Decline; the Google Imbroglio and What it Means to Foreign Companies Operating in China
- Dan Harris (Harris & Moure, PLLC, Seattle, Washington)
Business in China: China Steps up Tax Enforcement – Taking Your Product from Conception to Market
- Dan Harris (Harris & Moure, PLLC, Seattle, Washington)
Business in China: WFOE and Leasing Space – What to Do? What to Avoid? -- Trademark Protection in China and the Consequences for Quasi-Legal Operations
- Dan Harris (Harris & Moure, PLLC, Seattle, Washington)
New State Council Opinion: Directions for Foreign Investment in China
- Dr. Michael Tan and Cara Meng (Taylor Wessing Shanghai)
Audits in China—How do They Differ?
- Tony Upson (PKF Beijing)
China’s Supreme Court Issues Guidance on Contract Law: Goal is to Minimize Conflicting Interpretations
- Dan Harris (Harris & Moure, PLLC, Seattle, Washington)
Business in China: Several Factors Spur Growth in Litigation - Global Report Confirms China’s Status as the Preferred Location for Global Investors
- Dan Harris (Harris & Moure, PLLC, Seattle, Washington)
Business in China: Five Steps to Successfully Buying Product from China—China Continues to Harmonize the Tax Structure between Foreign and Domestic Enterprises – Minimum Capital Requirements Reduced for WFOE
- Dan Harris (Harris & Moure, PLLC, Seattle, Washington)
Business in China: The Most Common Legal Issues Facing Business in China, Understanding Commercial Leases and Using Distribution Agreements to Expand Into China
- Dan Harris (Harris & Moure, PLLC, Seattle, Washington)
Business in China: Considerations Before Going Into China and the Legal Issues All Businesses Should Consider
- Dan Harris (Harris & Moure, PLLC, Seattle, Washington)
TAXATION
Transfer Pricing
Challenges and Opportunities from a Transfer Pricing Perspective
- Jamal Hejazi, Ph.D., Dale C. Hill, Mark Kirkey and Michael Boehm (Gowling Lafleur Henderson, LLP)
Transfer Pricing and Service Transactions
- Cecilia Lee and Thomas To (PricewaterhouseCoopers, China)
China Continues Focus on Transfer Pricing – Dividend Withholding Rate
- Patrice Marceau and Daniel Chan (DLA Piper, China)
China Issues Detailed Guidance on Anti-Avoidance Rules: Contemporaneous Documentation Required for Transfer Pricing
- Yongjun Peter Ni, Linda Ng, Jiang Bian and Angel Wu (White & Case, China)
More SPVs are Being Challenged: China Brings the General Anti-Avoidance Rules from Concept to Reality
- Lawrence Sussman (O’Melveny & Meyers LLP, Beijing)
China Issues First APA Annual Report
- Patrice Marceau and Daniel Chan (DLA Piper, China)
Tax Treaties
China Tax Treaty Preference: Burden of Proof and Documentation
- Neal Stender, Peter Connors & Forrest Ye (Orrick, Herrington & Sutcliffe LLP, Hong kong, New York & Beijing)
Interpretation of Double Tax Agreements and Permanent Establishment
- Yongjun Peter Ni, Hao Jiang, Jiang Bian and Xiaojie Shi (White & Case China)
Double Tax Agreements and the Implications on Interest, Dividends, Royalties, etc.
- Yongjun Peter Ni, Hao Jiang, Jiang Bian and Xiaojie Shi (White & Case China)
China’s Double Tax Agreements: Circular 75 Provides Guidance on Singapore and Similar DTAs
- Patrice Marceau and Daniel Chan (DLA Piper, China)
China Signs Agreements on Avoidance of Double Taxation and Tax Information Exchange with Malta and Guernsey New Protocol to Barbados-China Double Tax Agreement Enters into Force
- William Zhang, Lawrence Hu and Angel Wang (MWE China Law Offices) and Thomas W. Giegerich, Kumar Paul and John Engel (McDermott Will & Emery LLP)
Significant Changes to Double Tax Agreement – Hong Kong Expands Treaty Network
- Yongjun Peter Ni, Hao Jiang, Jiang Bian and Xiaojie Shi (White & Case, China
Model Interpretations of Double Taxation Agreements Released – Hong Kong Expands DTA Network
- Yongjun Peter Ni, Hao Jiang, Jiang Bian and Xiaojie Shi (White & Case China)
Business Structure Tax Issues
Mergers and Acquisitions: Inconsistent and Incoherent Regulations Complicate Tax Planning
- Olaf Griese (Dezan Shira & Associates, Shanghai)
New Foreign Tax Credit Rules Released – Taxation of Representative Offices Tightened
- Yongjun Peter Ni, Hao Jiang, Jiang Bian and Xiaojie Shi (White & Case China)
Withholding Tax Treatment Clarified on Dividends Received by Nonresident Enterprises - Hong Kong Expands Tax Treaty Network
- Yongjun Peter Ni, Hao Jiang, Jiang Bian and Xiaojie Shi (White & Case China)
Authorities Tax Equity Transfer Using Circular 698 – Clarification of Withholding Tax on Interest
- Yongjun Peter Ni, Hao Jiang, Jiang Bian and Xiaojie Shi (White & Case, China)
Enterprise Reorganization Rules Released Along with Implementation Guidelines for Foreign Tax Credit
- Yongjun Peter Ni, Hao Jiang, Jiang Bian and Xiaojie Shi (White & Case China)
SAT Issues Additional Guidance on the Taxation of Corporate Restructuring
- Patrice Marceau and Daniel Chan (DLA Piper, China)
Scrutiny Increased for Group Reorganizations Using At-Cost Equity Transfers
- Yongjun Peter Ni, Hao Jiang and Xiaojie Shi (Zhong Lun Law Firm, Shanghai)
The Taxation of Enterprise Reorganizations — Announcement 13 Addresses VAT Issues; High Tech Tax Incentives Extended
- Yongjun Peter Ni, Hao Jiang and Xiaojie Shi (Zhong Lun Law Firm, Beijing)
SAT Targets Indirect Equity Transfers by Nonresidents – New Guidance on Treaty Based Technical Service Fees
- Yongjun Peter Ni, Hao Jiang and Xiaojie Shi (Zhong Lun Law Firm)
The Taxation of Enterprise Reorganizations: Announcement 13 Addresses VAT Issues; High Tech Tax Incentives Extended; Tax Incentives for Energy Saving Service Industry Clarified
- Yongjun Peter Ni, Hao Jiang and Xiaojie Shi (Zhong Lun Law Firm, Beijing)
Other Tax Issues
China Continues to Refine Tax Audit Skills
- Patrice Marceau and Daniel Chan (DLA Piper, China)
China Takes Steps to Reduce Tax on Individuals: The EIT Reform Two Years Later; SAT Offers Guidance on Circular 698 Reporting Obligations
- Patrice Marceau and Daniel Chan (DLA Piper, China)
Property Value Escalation and a Possible Property Tax: Growing Income Disparities and the Implications to High Earners
- Patrice Marceau and Daniel Chan (DLA Piper, China)
Hong Kong: New Stamp Duty Tax Tries to Dampen Property Market and New Double Tax Agreements Continue
- Patrice Marceau and Daniel Chan(DLA Piper, China)
Qualified Technology Income Receives Favorable Income Tax Treatment – Local Education Surcharges Unified
- Yongjun Peter Ni, Hao Jiang and Xiaojie Shi (Zhong Lun Law Firm, Shanghai)
Property Taxes Introduced in China to Deal with Rising Property Prices and to Expand the Tax Revenue Base
- Patrice Marceau and Daniel Chan (DLA Piper, China)
Chinese Capital Gains Tax on Offshore Transfers of Interests in Chinese Companies
- Kevin Ban, John Fadely and Shirley Lu (Weil, Gotshal & Manges LLP)
SAT Requests Involvement of High Authorities in Major Tax Violations; Other Changes Include Tax Treaty Amendments and Leveling Surcharges
- Patrice Marceau and Daniel Chan (DLA Piper, China)
Tax Revenue Shows Strong Growth in 2010; Tax Information Exchange Network Continues to Expand Implementation Rules on Deduction of Asset Losses Superseded - Taxation of Gross-up Bonuses Clarified
- Yongjun Peter Ni, Hao Jiang and Xiaojie Shi (Zhong Lun Law Firm)
Taxation of Foreign Sourced Income Clarified for Technology Sector - Controversy Continues over Enforcement of Anti-Avoidance Rules
- Yongjun Peter Ni, Hao Jiang and Xiaojie Shi (Zhong Lun Law Firm)
Qualified Technology Income Receives Favorable Income Tax Treatment—Local Education Surcharges Unified
- Yongjun Peter Ni, Hao Jiang and Xiaojie Shi (Zhong Lun Law Firm)
Business Tax on Communication Services Clarified – Additional Guidance Issued on Claiming Tax Treaty Benefits
- Yongjun Peter Ni, Hao Jiang, Jiang Bian and Xiaojie Shi (White & Case China)
LAW & REGULATORY ISSUES
New Tort Liability Law: Ramifications for Companies Doing Business in China
- John Huang, David Dai and Alex An (MWE China Law Offices, Shanghai)
China Finance Roundup: BMW Enters China Auto Finance Market, Efforts to Drive up Value of Yuan Complicated by Japan’s Actions & China Surges in R&D Spending Fueled by Cash
- Reuters
Chinese Government Publishes New Measures on Illegal Contractual Acts: Standard Contractual Clauses May Cause Administrative Liability
- Henry (Litong) Chen & Steven Fei (MWE China Law Offices)
Business in China: Labor Law Trends are Toward Employee Protection; Handling Disputes with Chinese Factories and More
- Dan Harris (Harris & Moure, PLLC, Seattle, Washington)
INTELLECTUAL PROPERTY
Business in China: IP Enforcement in China – Privacy in China: Do the Walls have Ears?
- Dan Harris (Harris & Moure, PLLC, Seattle, Washington)
Business in China: Registering Trademarks in China & Chinese Guanxi – What Should You Know?
- Dan Harris (Harris & Moure, Pllc, Seattle, Washington)
Updating China’s Trademark Laws: Recent Draft Amendments and Possible Impact on Right Holders
- Dr. Nicolai Wiegand & Jingjing Cao (Taylor Wessing, Munich)
Business in China: Top Seven Intellectual Property Mistakes by Foreign Companies; Avoiding Kickbacks in China, China Courts and Much More
- Dan Harris (Harris & Moure, PLLC, Seattle, Washington)
Business in China: Chinese Distribution Agreement – What Works? Protecting Your Intellectual Property Rights Without a Lawyer
- Dan Harris (Harris & Moure, PLLC, Seattle, Washington)
Business in China: IP Violations and Cease and Desist Letters — Chinese Companies Expand Beyond China? — Is China Losing Manufacturing Jobs to the U.S.?
- Dan Harris (Harris & Moure, PLLC, Seattle, Washington)
Business in China: The Perils of Using Variable Interest Entities to Operate in China and the Essential Considerations in Protecting Intellectual Property
- Dan Harris (Harris & Moure, PLLC, Seattle, Washington)
ANTITRUST AND COMPETITION
U.S. and Chinese Antitrust Agencies to Sign Cooperation Agreement
- Frank Schoneveld and Joseph F. Winterscheid (McDermott Will & Emery LLP)
The Chinese Anti-Monopoly Law One Year On: A Detailed Analysis of MOFCOM Merger Review Decisions to Date (Part I)
- Andrew McGinty & Sébastien Jetté (Lovells, Shanghai)
The Chinese Anti-Monopoly Law One Year On: A Detailed Analysis of MOFCOM Merger Review Decisions to Date (Part II)
- Andrew McGinty & Sébastien Jetté (Lovells, Shanghai)
China Issues Draft Regulations on Abuses of Administrative Power to Eliminate or Restrict Competition
- Henry Chen, Jacqueline Cai And Alex An (MWE China Law Offices, Shanghai)
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