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Q&A

What's the definition of related parties in terms of ownership or control under ...

What's the definition of related parties in terms of ownership or control under ...

Under Chinese Transfer Pricing Regulations, related parties is defined as follows: One entity, directly or indirectly, holds a total of 25 percent or more of another entity’s shares; or A third party owns or controls, directly or indirectly...

Q&A

How would the indirect shareholdings of a third party in other enterprises be ca...

How would the indirect shareholdings of a third party in other enterprises be ca...

How do you calculate the indirect shareholdings of a third party in other enterprises under Chinese law?

Q&A

What are the rules for discharging transfer pricing obligations in China?

What are the rules for discharging transfer pricing obligations in China?

The nine “Enterprise Annual Reporting Forms for Related Party Transactions of the People’s Republic China” should be submitted, if the enterprise submitting has transactions with related parties that amounts annually to: Below RM...

Q&A

What does contemporaneous transfer pricing documentation mean?

What does contemporaneous transfer pricing documentation mean?

Essentially, contemporaneous transfer pricing documentation is a detailed transfer pricing documentation to support the transactions between the related parties that are at arm’s length.

Q&A

Who is required to prepare contemporaneous transfer pricing documentation?

Who is required to prepare contemporaneous transfer pricing documentation?

Parties that do not meet one of the following exemption requirements: Annual amount of related party tangible goods transaction is below RMB 200 million and the amount of the related party intangible goods transactions is below RMB 40 million; Th...

Q&A

What is Advance Pricing Arrangement and who is eligible for such application und...

What is Advance Pricing Arrangement and who is eligible for such application und...

An Advanced Pricing Arrangement is a multi-year agreement reached with the tax authority on an enterprise’s related transactions pricing principles and calculation method. The benefits normally consist of the following: It resolves transfer ...

Q&A

How does an enterprise apply for Advanced Pricing Arrangement in China?

How does an enterprise apply for Advanced Pricing Arrangement in China?

There are normally 6 stages involved for the application of Advanced Pricing Agreement: Preparation meetings Formal application Examination and appraisal Negotiation Signing of arrangement Supervision and implementation Normally, it takes ...

Q&A

What kind of Advanced Pricing Agreements are available in China?

What kind of Advanced Pricing Agreements are available in China?

Unilateral, bilateral and multilateral Advanced Pricing Agreements are available, however, no multilateral Arrangements have been concluded.

Q&A

What is the stance of foreigner participation in social insurance in China?

What is the stance of foreigner participation in social insurance in China?

Cities, including Shenzhen, Beijing, Xiamen and others, have implemented local implementing rules requiring foreign employees to enroll in the social insurance scheme and contribute to some (if not all) of the insurances, while others have yet to imp...

Q&A

What are the advantages of outsourcing payroll processing in China?

What are the advantages of outsourcing payroll processing in China?

The benefits of outsourcing payroll services may include: Greater transparency; Increased processing efficiency and accuracy; Increased confidentiality; Full compliance with all laws and regulations; Guaranteed continuity of service provision;...

Q&A

What are the employer?s obligations to pay for mandatory benefits in China?

What are the employer?s obligations to pay for mandatory benefits in China?

In the monthly payroll process, employers are required to pay company contributions for all of their employees, as well as divert employees’ individual contributions from their paychecks to the Social Insurance Bureau. Based on central governme...

Q&A

How do human resources agencies lack in transparency of payroll processes hurt f...

How do human resources agencies lack in transparency of payroll processes hurt f...

Representative offices must recruit their Chinese employees through an agent (normally, a foreign enterprise services company), and such agents can also be quite useful for other foreign-invested entities on occasion. FESCOS generally have their own ...

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