New Draft Foreign Investment Law Emphasizes National Treatment

6 March 2019
In January 2015, China’s Ministry of Commerce published a draft of what should have become a new legal cornerstone for foreign investment in China: the PRC Foreign Investment Law. Arguably the most controversial provision in that draft – and perhaps the reason why the draft never became law – was a provision that defined a […]
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Major Tax Cuts for Smaller Companies in China

20 February 2019
In order to support the country’s main job creators, China’s State Council chaired by Premier Li Keqiang on 9 January 2019 announced that the Chinese government will support the development of micro and small enterprises (MSEs) by introducing major tax cuts. The initiative will be implemented retrospectively from 1 January 2019 and will tentatively last […]
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The 3 key factors when registering a foreign company in China

17 January 2019
There are many articles about setting up a foreign company in China, often also called WFOE (wholly foreign-owned enterprise) or FIE (foreign-invested enterprise), but I want to focus on the three key factors that should drive the decision making process. Many investors get sidetracked by free trade zones and tax benefits, that often promise more than they can keep and simply don’t usually apply to most investors. Remember, there’s no free lunch.
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IIT Regulations Clarify the Tax Treatment for Expatriates in China

14 December 2018
In October 2018, China’s Ministry of Finance proposed the draft changes to the Implementing Regulations of the IIT Law, to become effective by January 2019. In many ways these regulations are more important than the IIT Law itself (see our original article on the IIT law here: /articles/changes-to-individual-income-tax-law-to-impact-companies-operating-in-china/), as it was the regulations that previously […]
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Inheritance in China: Key Issues

7 December 2018
Inheritance is regulated by the PRC Inheritance Law which took effect on 1 October 1985, and a judicial interpretation issued by the Supreme People’s Court in November 1985. While the rules are not complicated by themselves, in practice they give rise to various questions and issues, especially when it involves a foreigner with assets in […]
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President Xi Commits to Tackling IP and Supporting Cross-border E-Commerce

8 November 2018
There was never any doubt that the 1st China International Import Expo would be a huge event, with Shanghai sparing no effort and expense to prepare the city - including the closing of schools and government offices during the first two days. But what was highly anticipated, was the keynote speech of Chinese president Xi […]
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Reform to Social Insurance System to Impact Foreign Businesses

31 August 2018
With the Regulations on the Reform of National Tax and Local Tax (the “Reform”) adopted on 20 July 2018 (to become effective on 1 January 2019), the responsibility to collect social insurance premiums (i.e. for basic pension insurance, basic medical insurance, unemployment insurance, work-related injury insurance, and maternity insurance) will be transferred from the local […]
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Changes to Individual Income Tax Law Will Impact Companies Operating in China

22 August 2018
In June 2018, the Standing Committee of the National People’s Congress proposed major amendments to the PRC Individual Income Tax Law (IIT Law). These changes are expected to take effect in October 2018, with full implementation of the revised law planned for January 2019. The reforms are some of the most important and comprehensive since […]
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Legal Aspects and Best Practices for Retailers in China

This article was written for, and first published by AmCham Shanghai, and is available at https://www.amcham-shanghai.org/en/article/legal-aspects-and-best-practices-retailers-china.   China has become the world’s leading consumer market and is predicted to grow faster than the West – at 6% annually over the next decade (World Economic Forum). International brands are taking advantage of this, despite increased competition […]
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Evolution of the Concept of Well-known Trademarks – analyses of new laws and past practices in China.

16 May 2018
An important revision of the current PRC Trademark Law (2013) is to add a prohibitive provision concerning business use of the term “well-known trademark” into Article 14: “No manufacturers and business operators may indicate the words “well-known trademark" upon the goods, the packaging or the containers of the goods, nor may they use the same […]
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