Our collection of resources based on what we have learned on the ground

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Q&A

What factors are to be taken into consideration whether a foreign-invested entit...

What factors are to be taken into consideration whether a foreign-invested entit...

What factors are to be considered when a foreign-invested entity is planning to constitute a permanent service establishment in China?

Q&A

What are the requirements for transfer pricing in China?

What are the requirements for transfer pricing in China?

The current system is largely based on the guidelines of OECD. The newest update on transfer pricing is the one promulgated in 2009 by the State Administration of Tax. The Chinese transfer pricing system is based on the arm’s length principle....

Q&A

What is the definition of related parties under Chinese law?

What is the definition of related parties under Chinese law?

There are many ways to be categorized as related parties, which includes: Ownership or control; Debts Senior/ executive management appointment Licensing of intangibles Raw materials/ spare parts control or supply Service provision or receipt ...

Q&A

What's the definition of related parties in terms of ownership or control under ...

What's the definition of related parties in terms of ownership or control under ...

Under Chinese Transfer Pricing Regulations, related parties is defined as follows: One entity, directly or indirectly, holds a total of 25 percent or more of another entity’s shares; or A third party owns or controls, directly or indirectly...

Q&A

How would the indirect shareholdings of a third party in other enterprises be ca...

How would the indirect shareholdings of a third party in other enterprises be ca...

How do you calculate the indirect shareholdings of a third party in other enterprises under Chinese law?

Q&A

What are the rules for discharging transfer pricing obligations in China?

What are the rules for discharging transfer pricing obligations in China?

The nine “Enterprise Annual Reporting Forms for Related Party Transactions of the People’s Republic China” should be submitted, if the enterprise submitting has transactions with related parties that amounts annually to: Below RM...

Q&A

What does contemporaneous transfer pricing documentation mean?

What does contemporaneous transfer pricing documentation mean?

Essentially, contemporaneous transfer pricing documentation is a detailed transfer pricing documentation to support the transactions between the related parties that are at arm’s length.

Q&A

Who is required to prepare contemporaneous transfer pricing documentation?

Who is required to prepare contemporaneous transfer pricing documentation?

Parties that do not meet one of the following exemption requirements: Annual amount of related party tangible goods transaction is below RMB 200 million and the amount of the related party intangible goods transactions is below RMB 40 million; Th...

Q&A

What is Advance Pricing Arrangement and who is eligible for such application und...

What is Advance Pricing Arrangement and who is eligible for such application und...

An Advanced Pricing Arrangement is a multi-year agreement reached with the tax authority on an enterprise’s related transactions pricing principles and calculation method. The benefits normally consist of the following: It resolves transfer ...

Q&A

How does an enterprise apply for Advanced Pricing Arrangement in China?

How does an enterprise apply for Advanced Pricing Arrangement in China?

There are normally 6 stages involved for the application of Advanced Pricing Agreement: Preparation meetings Formal application Examination and appraisal Negotiation Signing of arrangement Supervision and implementation Normally, it takes ...

Q&A

What kind of Advanced Pricing Agreements are available in China?

What kind of Advanced Pricing Agreements are available in China?

Unilateral, bilateral and multilateral Advanced Pricing Agreements are available, however, no multilateral Arrangements have been concluded.

infographic

Mandatory Benefit of Social Insurance in China

Mandatory Benefit of Social Insurance in China

The diagram shows the mandatory benefit of five social insurances and housing fund, contributed by both the employer and employee.

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