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Q&A

¿Qué hacer si descubre fraude en su empresa? Gestión de riesgos para empresas...

¿Qué hacer si descubre fraude en su empresa? Gestión de riesgos para empresas...

Si una empresa con inversión extranjera detecta alguna prueba de fraude interno, especialmente en los casos en que un accionista minoritario o el gerente general puedan estar involucrados, se debe llevar a cabo una investigación interna...

Q&A

What are the weaknesses of Internal Controls for SMEs?

What are the weaknesses of Internal Controls for SMEs?

The common weaknesses observed in an SMEs internal control include:  Improper control policies and employee training Internal control reviews or approvals dependent on limited company resources Inadequate documentation and implementation of...

Q&A

What are the new items that will be deductible for Individual Income Tax in Chin...

What are the new items that will be deductible for Individual Income Tax in Chin...

Under the first draft amendments to IIT Laws in China, resident taxpayers will be allowed to deduct certain additional items from their comprehensive income. These additional deductible items are categorized as ‘additional itemized deductions ...

Q&A

What are the Key Challenges for Expatriate Management in China?

What are the Key Challenges for Expatriate Management in China?

• Navigating China’s complex tax environment An individual is taxed in China on one’s income by category. China’s IIT law groups income into 11 categories. Each income category has its own tax rate, allowable deductions etc. ...

Q&A

When might a special transfer pricing investigation take place in China?

When might a special transfer pricing investigation take place in China?

On March 17, 2017, the State Administration of Taxation (SAT) issued Public Notice 6 which provides rules on a variety of topics including transfer pricing investigations and adjustments.  Public Notice 6 highlights the tax authorities' emphasi...

Q&A

When can employers unilaterally terminate employees in China?

When can employers unilaterally terminate employees in China?

There are certain circumstances in which an employer cannot legally terminate an employee in China. These situations can arise, for example, when an employee: Is suspected of having an occupational disease(s) and awaiting diagnosis; Has completel...

Q&A

What are the benefits of the WFOE structure?

What are the benefits of the WFOE structure?

A WFOE is usually the best investment vehicle for investors establishing a long-term presence in China when a joint venture is not required, because they overcome the limitations associated with representative offices (RO): A WFOE can directly emp...

Q&A

What must I do to stay in compliance with China's new three-tier documentation f...

What must I do to stay in compliance with China's new three-tier documentation f...

In 2016, China introduced a three-tiered contemporaneous documentation framework (set out in Circular 42) that replaced previous documentation rules. Under the new regulations, entities with related party transactions above certain thresholds must pr...

Q&A

Under what circumstances can employees be lawfully terminated pursuant to Chinaâ...

Under what circumstances can employees be lawfully terminated pursuant to Chinaâ...

An employer in China cannot unilaterally terminate an employment contract at-will or without fault, unless the termination falls under certain statutory grounds. Pursuant to China’s Labor Contract Law, depending on the termination grounds, emp...

Q&A

What are the new regulations that apply to special VAT fapiao in China?

What are the new regulations that apply to special VAT fapiao in China?

Under updated regulations coming into effect on July 1, 2017, more information now needs to be included on special VAT fapiao, such as the company’s tax ID code and the purpose of expenditure.

Q&A

What types of outbound transactions will not be approved by Chinese authorities?

What types of outbound transactions will not be approved by Chinese authorities?

The Chinese government introduced new capital controls in 2016 for the following outbound transactions that would not be approved without specific approval: Outbound investments made by limited partnerships; FDI involving an acquisition of 10 per...

Q&A

What is the importance of pre-investment capital planning when establishing a FI...

What is the importance of pre-investment capital planning when establishing a FI...

Companies should be careful not to invest too little registered capital, as injecting additional capital is a time-consuming process that takes anywhere between eight to 12 weeks. Investing too much can lead to excess capital sitting idly in the acco...

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