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International Law

China Briefing Blog

Provides news, analysis and commentary on economic, business and regulatory issues in China.
By Andy Scott and Chris Devonshire-Ellis

Post Frequency: 3.4/day

Last Entry: May 25, 2010 at 04:47:32

Non-Profit Organization Requirements for Tax Exemption Explained

Posted on December 08, 2009
Dec. 9 – The Ministry of Finance (MOF) and the State Administration of Taxation (SAT) has released a circular explaining the requirements needed by non-profit organizations (NPOs) to qualify for tax exemption. NPOs are eligible for tax exemption for five years...

Chongqing Releases First Food and Entertainment Service Standards

Posted on December 07, 2009
Dec. 7 – The Chongqing municipal quality supervision department has released the country’s first food and entertainment service standards for local food service providers. The Chongqing Nanbin Road Food Service Standard enumerates 21 criteria under 10 categories including the basis for service, service quality, service safety, and service management...

Major Bottling Company Demands Apology for False Arsenic Claims

Posted on December 07, 2009
Dec. 7 – Major bottling company, Nongfu Spring, is demanding an apology from the industry and commerce bureau of Haikou, Hainan Province for a claim that falsely charged its products of having high levels of arsenic. The bureau made the claims on November 24 with orders to remove products from shelves immediately only withdraw it on [...

Welfare Payments to be Redefined as Taxable Income

Posted on December 04, 2009
Dec. 4 – China’s Ministry of Finance (MOF) has released a notice that will reconsider welfare payments like transportation payments, communication subsidies and other benefits previously not subject to tax as part of an individual’s taxable income...

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Clarification on Real Property On-Letting

Posted on December 03, 2009
Dec. 4 – The State Administration of Taxation has released Circular 639 to further explain individual income tax (IIT) treatments on income derived by individuals from on-letting real property. According to the circular, income earned from on-letting real property is taxable under the IIT’s property rental category...

Claim Deadline for Input VAT Credits Extended

Posted on December 03, 2009
Dec. 3 – China’s State Administration of Taxation (SAT) has issued� Circular 617 that extends the claim deadline for input value-added tax credits for certain invoices from 90 days to 180 days after issue date starting January 1, 2010. The circular covers VAT invoices, land and river good transportation invoices, motor vehicle sales invoices, and VAT [...

Partnership Option Soon Available for Foreign Investors

Posted on December 02, 2009
SHANGHAI, Dec. 3 – China will soon allow foreign investors the option to invest in the mainland via partnership firms beginning March next year. This will enable investors to set up contract-based partnership firms either on their own or with a local partner...

Chief Representative Signatures an Important Issue When Closing an RO

Posted on December 02, 2009
Dec. 2 – While closing a representative office in China can seem very straight forward, the administrative paperwork that is required can often seem tedious and time consuming. In addition, the time that is often needed to close an office often means that the chief representative has long left the company...

Taxpayers Required to Revise 2008 Corporate Returns

Posted on December 02, 2009
Dec. 2 – The State Administration of Taxation is requiring companies to revise their corporate income tax filing cycle for 2008 to reflect tax circulars issued after May 31, 2009. This may lead to changes in taxes filed for the 2008 annual CIT return forms...

Fuel Surcharges Hike for International Flights Coming from Mainland, Hong Kong

Posted on December 02, 2009
SHANGHAI, Dec. 2 – Airlines have hiked fuel surcharges by as high as 50 percent for international flights coming from the mainland and Hong Kong. According to Global Times, Air China increased charges from RMB200 yuan to RMB300 on flights to Singapore and Thailand...

New Issue of China Briefing: Managing Your Human Capital

Posted on December 01, 2009
Dec. 1 – The December issue of China Briefing magazine is out now and available for download (click on the image ? complimentary subscription required). In this issue, we take a look at human resources and how foreign-invested companies in China can better manage them...

Dezan Shira Awarded Most Active Firm at Milan?s China Awards

Posted on November 30, 2009
Dec. 1 – Dezan Shira & Associates was awarded the Lombard Elite prize for most active professional firm on the Chinese market at the fourth annual China Awards in Milan on November 25. The awards, organized by Fondazione Italia Cina and Milano Finanza and supported by the Italian Ministry for the Economic Development and the Ministry [...

China Releases Measures on Examination Hearings for Business Operators

Posted on November 30, 2009
Dec. 1 – The Ministry of Commerce (MOFCOM) has released the Measures on Examination of the Concentration of Business Operators effective January 1, 2010. The announcement clarifies the procedures for an anti-monopoly examination of business operators to be managed by the MOFCOM as the law enforcement agency as well as specific procedures for examination hearings...

China Approves GM-Delphi Deal Following Conditions

Posted on September 30, 2009
Sept. 29 – China’s Commerce Ministry has approved General Motors Co.’s plan to buy parts of auto parts maker Delphi under certain conditions that would prevent the two from monopolizing the industry. These conditions include forbidding GM and Delphi to divulge trade secrets about Delphi’s clients as well as requiring Delphi to ensure it supplies parts [...

China Tightens Royalty Payments via Double Tax Treaty Residency

Posted on September 30, 2009
BEIJING, Sept. 30 – The State Administration of Tax moved last week to clarify the treatment of royalties under the nation?s double tax treaties. Guo Shui Han (2009) No. 507, published on September 23 and taking effect October 1, sets out the scope of permitted royalties under double tax treaties (DTAs) as well as what should [...

New Issue of China Briefing Tackles Setting Up in China

Posted on September 30, 2009
Oct. 1 ? The October issue of China Briefing magazine is out now and available for download (click on the image ? complimentary subscription required). In this issue of China Briefing, we take a look at some procedures for establishing a presence in China...

Shanghai Expo 2010: The Canadian Pavilion

Posted on September 30, 2009
The 2010 World Exposition in Shanghai will be the first registered one in a developing country. Officially known as ?Expo Shanghai 2010,? it will last 184 days and provide China an opportunity to show off its remarkable economic growth. The expo will also give foreign nations and companies a chance to further develop business partnerships [...

Average Wage Rate in Hong Kong Falls by 1.9 Percent

Posted on September 29, 2009
HONG KONG, Sept. 29 – The average wage rate in Hong Kong for June fell by 1.9 percent in nominal terms compared to the same period last year, according to the Census and Statistics Department. The number of companies reporting decreasing wage rates were 19 percentage points higher compared to rates in March at 61 percent...

China to Ease FDI Threshold in Culture Industry

Posted on September 28, 2009
Sept. 28 – China’s State Council government said it would lower the investment threshold for its entertainment and cultural industry to allow more private and foreign direct investment in state-owned media groups, reports Caijing. Beijing wants to develop the industry further by increasing its size and competitiveness by raising the export of culture-related products and services [...

New Expressway Cuts Travel Time to Hebei by Half

Posted on September 28, 2009
Sept. 28 – The newly opened Beijing-Chengde Expressway has now cut travel time from Beijing to Hebei Province by half to two hours. The new RMB6.2 billion road is expected to boost tourism for Hebei Province and will will charge RMB105 one way. “Because the expressway will greatly improve the transport network access to Chengde, and [...

Beijing Clamps Down as 60th National Day Approaches

Posted on September 25, 2009
BEIJING, Sept. 25 – Beijing is tightening security and speeding up preparations for the Communist Party’s 60th National Day celebrations on October 1. More armed soldiers have been deployed around the city, kite-flying has been banned and knife sales restricted...

Hongqiao Business Park to Begin Construction Next Year

Posted on September 24, 2009
SHANGHAI, Sept. 24 – The city is scheduled to break ground on its new Hongqiao Business Park next year that will eventually feature offices, hotels, entertainment facilities, shopping malls and exhibition sites upon completion. The park will have a 26...

China Offers More Help for SMEs

Posted on September 23, 2009
Sept. 23 – China’s State Council is offering more assistance to struggling small and medium enterprises (SMEs) by cutting taxes and expanding financing services. Shanghai Daily reports that for 2010, corporate income tax rate will be cut from 25 percent to 20 percent for small businesses with annual taxable incomes of less than RMB30,000...

Hong Kong Reports Record FDI Inflows for 2008

Posted on September 23, 2009
Sept. 23 – Foreign direct investment (FDI) inflows to Hong Kong worth US$63 billion continued to come last year despite the global financial crisis, an increase of 15.9 percent year-on-year. This figure makes Hong Kong Asia’s second largest recipient of FDI and the seventh largest recipient in the world, says Invest Hong Kong...

State Watchdog Releases List of Blacklisted Imports

Posted on September 22, 2009
Sept. 22 – The State Council watchdog for product quality has released a list of blacklisted imported products, reports Xinhua. Food, beverages and cosmetics products that make it on the list are either returned or destroyed. The list named 25 foreign companies including famous names such as PepsiCo and Mead Johnson...

Guidelines for Obtaining Import Tax Refunds

Posted on September 22, 2009
Sept. 22 – Circular (2009) 84, which contains administrative measures for the ?levy first and refund Later? mechanism for import taxes, was jointly issued last July by the Chinese Ministry of Finance, the People?s Bank of China, the General Administration of Customs and the State Administration of Taxation...

Shanghai Expo 2010: The Taiwan Pavilion

Posted on September 21, 2009
The 2010 World Exposition in Shanghai will be the first registered one in a developing country. Officially known as ?Expo Shanghai 2010,? it will last 184 days and provide China an opportunity to show off its remarkable economic growth. The expo will also give foreign nations and companies a chance to further develop business partnerships [...

Hong Kong Launches Council for Testing and Certification

Posted on September 21, 2009
HONG KONG, Sept. 21 – The government launched the Hong Kong Council for Testing and Certification last week to serve as a consultant on government initiatives to develop the testing and certification industry. The council will also look at business opportunities for the industry and more ways to improve professional standards...

IBM to Collaborate with Shenyang on Smart City Project

Posted on September 18, 2009
Sept. 18 – IBM will be collaborating with China’s Shenyang City and Northeastern University on a research lab to bring high-tech solutions that will allow the city to responsibly solve its environmental issues as well as provide a healthier environment for its citizens...

Changes to Chinese Input VAT Credits on Fixed Assets

Posted on September 17, 2009
Sept. 17 – The Ministry of Commerce and State Administration of Taxation jointly issued Circular Caishui (2009) 113 on Sept. 9, providing further clarification on the applicable methods of evaluating input VAT credits on fixed assets. The circular provides definitions for VAT purposes on buildings, structures, and attachments to land as well as the VAT treatment [...

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