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: China Law BlogChina Business. Which Comes First The Wealth Or The Low End?
By Dan Harris and Steve Dickinson
Company: Local government is telling us that unless we get legal.... and fast ....they are going to shut us down. Me: Okay. What's "get legal" mean. Company: Register our business in China. Get on the grid for taxes, etc. Me: Okay. No problem. We then talked a bit and it very quickly became clear that the first thing this company needed to do was to register as a Wholly Foreign Owned Entity (WFOE). Me: We can register you as a WFOE, no problem, but this is going to mean you are going to have to pay in minimum required capital, probably of around $240,000. Company: That's a lot of money for us, but we can do it if we have to. Me: We will see if we can get it for less and it may be possible as China is certainly more interested in getting foreign businesses now than it was a year ago. How many employees do you have? Company: Sixty. Me: You realize you are going to have to start paying all sorts of taxes for those employees. Company: Yes. All of them? Me: It certainly sounds to me like you are going to have to pay all of them. It sounds to me like you have the local government breathing down your neck right now and it is doing so because your competitors have asked it to. Right? Company: Yes. That is exactly what is going on. Me: Now you realize that typically, these employer taxes mean that for every 100 RMB you are paying your employees, you are going to end up paying an additional 35 RMB or so in various employer type taxes. On top of that, you are going to have to start paying corporate taxes. Company: I've heard that, but if I really have to do that, I am going to get killed. There is no way I can compete with the Chinese companies if I am going to have to pay all those taxes. There is just no way. If I am going to start paying those, I am going to have to raise my prices so high nobody is going to come in here any more. This isn't even fair. I am certain non of my Chinese competitors are paying these taxes, I just know it. Me: Yeah, you could very well be right. Company: So what am I supposed to do? Me: Isn't it pretty much the case that if you don't register as a WFOE and start paying your taxes you will be closed down? Company: Yes. Me: Do you really have a choice? Company: This is ridiculous though. The whole system is set up so that foreign companies cannot compete. Me: (thinking this, but realizing there is no point in saying it). Well actually, the system is now set up so that you and the Chinese companies actually are supposed to pay pretty much the exact same taxes. The problem isn't so much "the system" as the way "the system" actually functions in real life. Company: I am going to have to figure out how I can justify higher prices to my customers....So a few questions: -- Can foreign companies compete on the low end in China? Obviously this is going to vary by industry and I would love to hear from people in as many different industries as possible. --Should foreign companies even bother trying to compete on the low end in China and, if so, in what industries? -- Is there enough high end business in China now and is that high end growing fast enough such that Western companies can ignore the low end? -- Or, will a failure to garner the low end now preclude garnering any end later?
Full post as published by China Law Blog on April 11, 2009 (boomark / email).
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