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.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.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.China: Highlights of Envisaged Amendments to PRC Company Law
A few months ago, China released the Company Law (Second Draft Amendment). The envisaged amendments include company's organizational structure, shareholder capital contribution and other aspects. This article briefs some highlights in light of the relevant amendments to the current effective Company Law of People’s Republic of China.Latest COVID-19 related regulations and policies in China
Due to the ongoing situation of COVID-19 in China, especially in Shanghai, the Chinese government has introduced more regulations and policies or extended the deadline of the previously issued regulations and policies to further support both the economic development and the business. In this Newsletter, we will share with you detailed provisions of these policies in Shanghai focusing on the topics of labor and employment, leasing, tax, etc. Depending on the location of your business, there could be more specific implementation rules at local level.China: Value Added Tax exemption policy for small-scale taxpayers
On March 24, 2022, the Ministry of Finance and the State Administration of Taxation (SAT) issued an announcement regarding the Value Added Tax (VAT) exemption for the small-scale taxpayers that will be applicable from April 1, 2022 till December 31, 2022. The SAT issued Announcement (2022) No. 6 and provided official explanation on the same day, to elaborate the implementation measures related to such exemption policy.China: Promotion for the Input Value Added Tax Credit Refund Policy
According to Announcement (2019) No. 39 issued by Ministry of Finance, State Administration Taxation and General Administration of Customs (Announcement No.39) as well as other related tax regulations, taxpayers that meet the following criteria could apply for the refund of the incremental uncredited input Value Added Tax (VAT, in general, incremental uncredited input VAT = monthly ending balance of the uncredited input VAT – ending balance of the uncredited input VAT in March 2019) from April 2019.