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    July 2, 2012

    Severance Pay Subject to Individual Income Tax in China

    On May 14, officials from China’s State Administration of Taxation answered questions on several hot issues regarding ambiguities in tax payments, clarifying that individual income tax should be paid when an employee receives compensation for termination of their contract.

    July 2, 2012

    Obtaining a Z Visa, Work Permit and Residence Permit in China

    The Beijing Public Security Bureau announced the commencement of a three-month campaign beginning May 15 to “clean up” illegally entered/stayed/employed foreignersthrough its Sina Weibo account in an effort to establish a comprehensive mechanism for managing foreigners in China.

    July 2, 2012

    China Releases 12th Five-Year Plan for Oceanic Affairs

    China’s State Oceanic Administration and the Standardization Administration of the People’s Republic of China jointly released “The 12th Five-Year Plan for the Standardization of Oceanic Affairs (hereinafter referred as the Plan)” to work out a set of standards on oceanic affairs covering ocean planning, ocean investigation, ocean energy utilization, and island development.

    July 2, 2012

    China Orders ‘Big Four’ Auditors to Restructure

    China’s Ministry of Finance, Administration for Industry and Commerce, Ministry of Commerce, State Administration of Foreign Exchange, and the China Securities Regulatory Commission jointly issued the “Scheme for Localized Transformation of Sino-foreign Cooperative Accounting Firms (hereinafter referred as the “Scheme”)” last Thursday.

    May 15, 2012

    China Announces VAT Pilot Project for Agricultural Products

    The Ministry of Finance and the State Administration of Taxation issued on April 6, 2012 the “Circular on Measures for the Pilot Project of Assessment and Deduction of Input Value-added Tax (VAT) on Agricultural Products in Certain Industries (caishui[2012] No.38, hereafter referred to as ‘Pilot Project Circular’).

    May 15, 2012

    China Issues New Guidelines to Help Minimize Tax Uncertainty

    The State Administration of Taxation (SAT) published a notice regarding the “Working Guidelines on Replying to Specific Tax Matters (Trial) (guoshuifa[2012] No. 14, hereinafter referred to as ‘Guidelines’)” on February 10, 2012, which took effect from March 1, 2012.

    May 15, 2012

    China’s SAT Issues Measures for Claiming Zero-Rated VAT

    Following the pilot value-added tax (VAT) reform and the issuance of the “Circular on the Application of Zero VAT Rate and VAT Exemption on VATable Services (caishui[2011] No. 131, hereinafter referred to as ‘No. 131’),” China’s State Administration of Taxation (SAT) on April 5 issued the “Announcement on Promulgating the Administrative Measures on Applying Tax Exemption, Offset and Refund on Taxable Services of Zero Value-added Tax Rate in Pilot Areas for Value-Added Tax in Lieu of Business Tax (Interim) (SAT Announcement [2012] No. 13, hereinafter referred to as ‘Announcement No. 13’).”

    May 15, 2012

    China Law Deskbook Legal Update – March/April 2012

    Jim Zimmerman, the China managing partner of U.S. law firm Sheppard Mullin, is a good friend of China Briefing and is also both the Chairman Emeritus of Amcham China and the author of the China Law Deskbook– considered by many to be the bible of China law.

    May 15, 2012

    China Customs Revises Hong Kong CEPA Ad Valorem Definition

    On March 28, China’s General Administration of Customs decided to revise Article 6 of the “Provisions on the Implementation of the Rules of Origin for Trade in Goods under the Closer Economic Partnership Arrangement (CEPA) between Mainland China and Hong Kong (haiguanzongshuNo.107, modified under No. 142 and No. 198),” which is effective from April 1, 2012.

    May 15, 2012

    India Issues Ruling on Transfer Pricing Aspect of Royalty Payments

    The Delhi High Court, in its ruling on the case of Commissioner Income Tax vs. EKL Appliances Limited (Taxpayer), has given its decision on the transfer pricing aspects of a royalty payment by the Taxpayer to its associated enterprise.

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