China
China Legal Newsletter - October 2024
This newsletter highlights key recent developments in China’s laws and regulations. Specifically, it focuses on the laws and regulations related to foreign investment, market access, foreign debt administration, data economy, privacy and cybersecurity, labor and employment, life sciences and healthcare, as well as other topics.China: Dealing with the future tax administration on enjoying treaty benefit for preferential tax rate on dividends
Under China's tax laws, non-resident companies generally face a 10% tax on China-sourced dividends, but avoidance of Double Taxation Treaties with countries like Spain or France can reduce this to 5% if specific conditions are met. These companies must self-assess eligibility, submit forms, and maintain documentation, as Chinese authorities rigorously verify treaty benefit claims. If the reduced rate is not applied and excess tax is paid, companies can request refunds within three years.China: Completing tax related obligations for 2023 regarding related-party transactions and contemporaneous documentation
Pursuant to Announcement of the State Administration of Taxation [2016] No.42, companies might have tax related obligations under certain circumstances for the matters in relation to: (i) reporting the business transactions with related parties, (ii) submission of country-by-country report, and (iii) preparing contemporaneous documentation, including master file, local file and special issue file.China opens 2023 individual income tax filing for residents
China’s State Administration of Taxation announces the 2023 individual income tax filing period for residents, detailing circumstances that a taxpayer is obliged to report, with options for self-filing, employer-assisted, or trustee handling.Highlights of 2023 Revision to Company Law of China
On December 29, 2023, marking the 30th anniversary of the enactment of the Company Law, China released the Company Law of the People’s Republic of China (2023 Revision), introducing adjustments to various aspects, including shareholder capital contributions, organizational structure of companies, liabilities of senior officers, etc. The implementation of this revision is scheduled to commence on July 1, 2024. This article provides an overview of the noteworthy changes to the Chinese corporate system resulting from this revision.Highlights of 2023 Revision to Company Law of China regarding liabilities of senior officers
On December 29, 2023, the seventh meeting of the Standing Committee of the Fourteenth National People's Congress voted to adopt the newly revised Company Law of the People’s Republic of China (2023 Revision), which will be implemented from July 1, 2024. Apart from the four previous partial amendments to relatively limited provisions and the first comprehensive revision in 2005, this revision marks the second comprehensive revision of the Company Law since its promulgation in 1993, attracting widespread attention both domestically and internationally. This article briefs some highlights in light of the relevant provisions of the liabilities of directors, supervisors and senior executives in this revision.China’s first attempt for Advance Tax Ruling: trail implementation in Shanghai
Shanghai introduces a trial Advance Tax Ruling (ATR) system, a significant step in China's tax administration. ATR, common in countries like Spain and the U.S., allows enterprises to seek formal tax opinions on future complex tax matters, enhancing certainty. The ATR applies to corporate taxpayers in Shanghai, though its applicability to non-resident taxpayers is subject to further confirmation with the in-charge tax authority.Relief the Individual Income Tax burden of taxpayer in China: extending the preferential policy period or increasing the deduction standards
In August 2023, there are a number of individual income tax (IIT) preferential policies implemented by relevant Chinese government authorities with either extension of the preferential policy period or increased deduction standards. The aim is to further relief the tax burden of taxpayer.