Our collection of resources based on what we have learned on the ground
Resources
Q&A
What is important to keep in mind when importing wine into China?
- July 2014
- Free Access
Imported wine is first subject to a port inspection, and then Customs clearance. Alcohol importers should present both a Health Certificate and a Certificate of Origin from the exporting country (region) in order to clear the inspection. The imported...
Q&A
How is China?s logistic landscape outlined?
- July 2014
- Free Access
China, the world’s second largest economy and third largest country by area, is experiencing insatiable demand for transportation and logistics services – so much so that dedicated service providers are struggling to keep up, causing some...
Q&A
Why has logistics business in China been growing so quickly?
- July 2014
- Free Access
As nature abhors a vacuum, so have global private equity firms been moving quickly to take advantage of the demand for logistics in China, such that the industry now receives 2.8 percent of all FDI into China. During China’s accession to the Wo...
Q&A
What does being a beneficial owner in China entail?
- July 2014
- Free Access
A beneficial owner refers to a person that has ownership and control over the income and rights or properties from which income is derived. The person is generally engaged in substantive business activities (i.e., manufacturing, trade and management ...
Q&A
What are the restraints for a company?s entity in China to pay dividends directl...
- July 2014
- Free Access
There are several ways of repatriating cash from China, the most obvious being for a company’s entity in China to pay dividends directly to its foreign parent company. However, this is subject to certain prerequisites – only profits th...
Q&A
Are service fees paid to overseas-related parties deductible for or exempt from ...
- July 2014
- Free Access
Service fees paid to overseas related parties are deductible for CIT purposes provided they are directly related to the foreign-invested enterprise’s (FIE) business operations, charged at normal market rates, and all applicable taxes have be...
Q&A
Do companies in China need to provide a tax clearance certificate when remitting...
- July 2014
- Free Access
To ease foreign exchange controls and simplify the administration of foreign exchange, the State Administration of Foreign Exchange (SAFE) and State Administration of Taxation (SAT) jointly issued the Announcement on Issues Concerning Tax Filings for...
Q&A
What do royalty fees entail in China?
- July 2014
- Free Access
Royalties are fees paid in relation to the use of intellectual property, such as trademarks, patents, copyrights, and proprietary technology. Royalties are deductible for corporate income tax (CIT) purposes, provided they are directly related to the ...
Q&A
What factors would hamper the determination of being a beneficial owner in China...
- July 2014
- Free Access
In determining whether the non-resident company is indeed the beneficial owner of the royalties, the tax authorities will apply a “substance over form” principle and conduct analysis based on the actual circumstances of the case. In gener...
Q&A
Can foreign enterprises in China remit undistributed profits in the form of loan...
- July 2014
- Free Access
A wholly foreign-owned enterprise (WFOE) may remit undistributed profits to a foreign related company with which it has an equity relationship by extending a loan. The WFOE’s interest income will be subject to 25 percent corporate income tax (C...
Q&A
When are service fees deemed to be royalty fees in China?
- July 2014
- Free Access
In accordance with Circular No. 507 [2009], if, in the course of the transfer or licensing of technical know-how, a licensor assigns personnel to support and guide the licensee in using the technical know-how and charges fees for these services, then...
Q&A
Can a company repatriate all their profits made in China?
- July 2014
- Free Access
Only profit that has undergone annual audit can be repatriated. Annual audit for tax compliance conducted by the local tax authority is usually completed around June or July every year. The audit allows the State Administration of Taxation (SAT) t...
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