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China Issues Industrial Transfer Guidance Catalogue
China’s Ministry of Industry and Information Technology (MIIT) issued the “Industrial Transfer Guidance Catalogue (2012 Version) (Announcement [2012] No.31, hereinafter referred to as the ‘Transfer Catalogue’)” on July 26. The Transfer Catalogue is promulgated for the purpose of promoting coordinated regional development, facilitating orderly industrial transfer, as well as resolving the various problems that have arisen in the process of industrial transfer, such as blind competition among the various regions and backward production capacities.
Shanghai and South China Sub-commissions Declare Independence from CIETAC
On August 4, 2012, the Shanghai and South China (located in Shenzhen) sub-commissions of China International Economic and Trade Arbitration Commission (CIETAC) issued a joint announcement declaring their independence from CIETAC. This move is in response to CIETAC headquarters’ announcement on August 1, 2012 revoking its authorization to the two sub-commissions for accepting and administering arbitration cases because they refused to apply CIETAC’s new arbitration rules. CIETAC also stated that parties that have agreed to arbitrate their disputes by the two sub-commissions should instead submit their applications for arbitration to the CIETAC headquarters.
State Administration of Taxation Issues FAQs Relating to Deed Tax and VAT
Recently, China’s State Administration of Taxation (SAT) issued frequently asked questions relating to deed tax and value-added tax (VAT). The answers provided are based on existing regulations. They are as follows:
Vietnam Introduces Favorable Tax Policies for Certain Entities
On June 21, the 8th National Assembly of the Socialist Republic of Vietnam approved Resolution No. 29/2012/QH13, aiming to introduce a number of tax policies in order to “resolve difficulties for organizations and individuals.”
VAT Pilot Reform to be Implemented in Beijing and Other Regions from September
On July 31, 2012, the Ministry of Finance and the State Administration of Taxation issued the “Notice on Commencing the Business Tax (BT) to Value-added Tax (VAT) Conversion Pilot Reform in the Transportation and Certain Modern Services Industries in Beijing and Seven Other Provinces and Municipalities (hereinafter referred to as the ‘Notice’)”.
China to Expand Value-Added Tax Reform, Support Central Region
China’s Premier Wen Jiabao hosted an executive conference with China’s State Council standing committee on July 25, where it was decided that the scope of China’s value-added tax (VAT) pilot project will be expanded, the development of China’s central region will be further promoted, and the minimum living standard guarantee will be strengthened and improved.
China Issues Guiding Opinions to Regulate Taxation Administrative Discretion
To standardize the enforcement of taxation law and safeguard the legitimate rights and interests of taxpayers, China’s State Administration of Taxation (SAT) issued the “Guiding Opinions on Regulating the Administrative Discretion of Taxation Authorities (guoshuifa[2012] No.65, hereinafter referred to as ‘Opinion’)” on July 3. The Opinion puts forward five guiding opinions based on the current situation of tax collection.
China Reforms Foreign Exchange Administration for Trade in Goods
To better facilitate trade and further enhance the foreign exchange services and administration of trade in goods, China’s State Administration of Foreign Exchange (SAFE), General Administration of Customs (GAC) and State Administration of Taxation (SAT) jointly released the “Announcement of the State Administration of Foreign Exchange, the General Administration of Customs and the State Administration of Taxation Concerning the Reform of the Foreign Exchange Administration System for Trade in Goods (gonggao[2012] No. 1, hereinafter referred to as ‘Announcement’)” on June 29, which is scheduled to take effect on August 1, 2012.
China Clarifies the Determination of Beneficial Owners under Double Taxation Agreements
Over the past 20 years, China has entered into various DTAs with its foreign counterparts in order to avoid double-taxation regarding dividends, interest and licensing fees, as well as other income.
Dispute Resolution in China – The Disintegration of CIETAC
CIETAC-Shanghai has declared its independence from CIETAC-China, and claims it is a separate arbitral institution. This has implications for any party that includes a China International Economic and Trade Arbitration Commission (CIETAC) arbitration clause in its contracts. The highlights of the current situation are as follows:
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