Our collection of resources based on what we have learned on the ground

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Q&A

How to find a permanent establishment for the foreign headquarter?

 How to find a permanent establishment for the foreign headquarter?

Under most double tax treaties between China and other countries, a permanent establishment will be constituted if: The Chinese entity receives services from foreign entities, be the service rendered in China or overseas; and The duration of the ...

Q&A

How is related parties defined in terms of management under Chinese law?

How is related parties defined in terms of management under Chinese law?

Related parties are found on the basis that, when the either of the following is appointed by another enterprise, or two enterprises with more than half of their senior management personnel or more than one executive director is appointed by a sam...

Q&A

Under what other conditions would parties be considered as related parties?

Under what other conditions would parties be considered as related parties?

If one of the following scenarios is met, then parties shall be considered as related parties: • When one enterprise’s production and operation activities are dependent on intangibles licensed from another enterprise (including indu...

Q&A

What aspect should be cautioned when using holding companies for Chinese or ASEA...

What aspect should be cautioned when using holding companies for Chinese or ASEA...

It must be noted that compliance with anti-avoidance tax rules from Hong Kong and Singapore is a must. The key to such compliance is to show that the holding company is a genuine business, i.e.: there must be economic substance to justify this tax...

Q&A

What are the tax incentives for Hong Kong and Singapore holding companies?

What are the tax incentives for Hong Kong and Singapore holding companies?

Since both Hong Kong and Singapore have double taxations agreements with China and ASEAN countries, the withholding tax rate for profit repatriation to these two locations would normally be reduced. An instance would be that the Chinese withholding t...

Q&A

Why are Hong Kong and Singapore holding companies attractive to foreign investor...

Why are Hong Kong and Singapore holding companies attractive to foreign investor...

In terms of ease of doing business, both locations take the stance of protecting investors and facilitating cross-border trade, by providing highly transparent business environment and favorable tax regime to businesses. Also, with English being the ...

Q&A

What would be an ideal location for offshore company to trade with India and wha...

What would be an ideal location for offshore company to trade with India and wha...

Singapore provides a procedurally easy and inexpensive option. Also, the tax rates are kept relatively low, comparing to other Asian countries and that it only taxes on profits made within Singapore, i.e.: if you make a profit in India, it is not sub...

Q&A

What types of social insurances do Indian social security schemes cover?

What types of social insurances do Indian social security schemes cover?

Generally, India's social security schemes cover the following types of social insurances: Pension Health Insurance and Medical Maternity Gratuity Disability

Q&A

What are main types of pension offered in India?

What are main types of pension offered in India?

Four main types of pension (all monthly) are offered: Pension upon superannuation or disability; Widows' pension for death while in service; Children' s pension; and Orphan' s pension. In addition, there...

Q&A

What is the Employees' Provident Fund Organization?

What is the Employees' Provident Fund Organization?

The Employees' Provident Fund Organization under the Ministry of Labor and Employment, ensures superannuation pension, and family pension in case of death during service. It comprises private sector workers, civil servants, military personnel ...

Q&A

What are the schemes the Employees' Provident Fund Organization uses and to whom...

What are the schemes the Employees' Provident Fund Organization uses and to whom...

The schemes under the Employees' Provident Fund Organization apply to businesses with at least 20 employees. Contributions to the Employees' Provident Fund Scheme are obligatory for both employer and employee when the employee is earning u...

Q&A

What is the compensation to employees or their families in cases of employment r...

What is the compensation to employees or their families in cases of employment r...

The Workmen's Compensation Act requires the employer to pay compensation to employees or their families in cases of employment related injuries resulting in death or disability. Compensation calculation depends on the situation of occupati...

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