Archive for the 'China Tax' Category

M&A Seminar: the Impact of China’s growing economic ascendancy

Saturday, February 6th, 2010

I apolosise, despite promising to give an outline of the new draft M&A tax rules today I have been swamped at work. I will endeavour to get this done over the weekend.
On a related note, yours truly and a couple of China M&A practitioners will be taking part in a M&A seminar hosted by Aust-Cham [...]

Off-shore salaries – Tax Compliance Nightmares (Part II)

Saturday, February 6th, 2010

In China, past lenient tax practices resulted in the development of poor tax practices. One in particular has been the practice of splitting employees salaries into two components (on-shore and off-shore) with only one being reported (the on-shore component) to the tax authorities in China. Where the employee was a foreign expatriate, depending upon the [...]

Stop Presses … new M&A tax rules to be issued

Thursday, February 4th, 2010

I have just got my hands on a copy of new draft M&A procedural tax rules that should be released in the very near future. The copy I have has not been formally released at this stage so it may be subject to some changes, although this is doubtful. I havent had a chance to [...]

What is an international tax lawyer?

Thursday, February 4th, 2010

On the weekend I came across an old post (circa April 2008) from Dan Harris over at China Law Blog in which Dan made the following comment:
Nobody should dabble in international tax. It is hugely complicated, and should be handled only by attorneys and accountants who specialize in it. Incredibly few do. Gary Tober here [...]

Not happy with a tax official …

Thursday, February 4th, 2010

The State Administration of Taxation (SAT) has just issued new measures (国税发[2010]11) (Guoshuifa [2010]11)  for the purpose of handling complaints by taxpayers against the acts of officials that “infringe upon the legitimate rights and interests of the taxpayers”. These Measures were issued on 21 January and published on the SAT website yesterday.
The Measures cover various [...]

Flawed assumptions or the Wisdom of Experts (Part III)

Tuesday, February 2nd, 2010

What if a stock market analyst bases their advice/predictions on faulty assumption/s. Does this mean that their advice is wrong?
Robert Hsu, who touts himself as a bit of an expert on Chinese stocks, has, in an article on Market Watch entitled “What China Bubble?, articulated the view that China is not presently experiencing a bubble. [...]

Are we there yet – Part II

Monday, February 1st, 2010

This is the second in a series of posts attempting to foresee the areas of China tax that will undergo big developments in 2010. My first post in the series predicted an increased targeting of permanent establishments. My second post will discuss, what I predict, will be a big year for tax enforcement in China. [...]

The sincerest form of flattery?

Monday, February 1st, 2010

It has been brought to my attention that, as of this week, when the title of this blog (“china tax insights” and more concerning “china tax insights.com”) is typed into google a priority google adword advertisment comes up for China Briefing and its related consultancy services – provided through Dezran Shira. I am fairly certain [...]

Capital gains tax on transfer of H shares

Saturday, January 30th, 2010

I received the following question via email this week:
Can you recommend where you would suggest I go to get more detail about capital gains tax in China and if it would be applicable to my hedge funds that trade in Chinese “H” share equities?
My answer was as follows:
China has not yet clarified the capital gains [...]

China tax scenarios – the problem areas.

Saturday, January 30th, 2010

This is the first post in a series on some of the more common tax problems that I have seen in my time in working in China. A lot of these problems were, at one stage, not problems. But the changing tax environment has meant that many structures are now outdated.
The following scenario is one [...]