Viewpoints
HOT NEWS |
2020-01-13
Comparison of Taiwan Branch and Subsidiary When a foreign company decides to set up an operation in Taiwan to carry out business activities, it could choose either a limited liability company (or a company limited by shares) or a branch office. A limited liability company is a separate legal entity independent from its parent company, whereas a branch office is merely an extension of the operation of the head office. This article introduces briefly the difference between a limited liability company and a branch office in Taiwan. 1. Definition and Main Differences Between a Branch and a Subsidiary A subsidiary is incorporated pursuant to the Company Act and is an independent legal entity. A subsidiary can be listed in the stock market and is entitled to various tax incentives. When a subsidiary distributes dividends to its foreign shareholders, it is subject to 20% withholding tax. A branch is also incorporated […]
2020-01-10
China Taxation Guidance on Annual Individual Income Tax Declaration for Fiscal Year of 2019 in China
December 2019 China Taxation Guidance on Annual Individual Income Tax Declaration for Fiscal Year of 2019 in China On December 31, 2019 China’s State Administration of Taxation issued the “Announcement of Annual Individual Income Tax Declaration for Comprehensive Individual Income for fiscal year of 2019”, which provides detailed guidance for handling the annual individual income tax declaration for fiscal year of 2019. We have sorted out the main content of this announcement as following for your reference. In accordance with the provisions of the Individual Income Tax Law, by the end of fiscal year of 2019, individual residents need to aggregate four types of income, including “Wages and Salaries”, “Labor Remuneration”, “Author’s Remuneration”, and “Royalties” (hereinafter refer to as “Comprehensive Income”), and deduct RMB60,000 expense, special deductions, special additional deductions and other deductions determined by the laws for the period of 01.01.2019 – 31.12.2019; then multiply with the applicable tax […]
2019-12-11
With two offshore company types available in Seychelles, this is a very important question. Here are some general considerations. By no means they represent the final and absolute recommendation but may prove useful as a general guideline. Special License Company (CSL) The CSL would be the preferred choice for clients planning business transactions with counterparties who are located in high-tax countries with an intrusive regulatory environment. In such countries, fiscal countermeasures are possible against the traditional zero-tax companies (IBCs), but are less likely against low-tax companies (CSLs). On the same note, if the business circumstances require proving that the company is actually a taxpayer in its country of registration, only a Special License Company would satisfy this condition. The CSL is also the right vehicle if clients expect to utilize the benefits of the double-tax avoidance treaties, concluded by Seychelles. In perspective, a CSL is the appropriate choice when it`s […]
2019-12-11
Wholly Foreign Owned Company (WFOE) 1. Status Such a company is independent legal entity registered with only foreign capital in China and under Chinese law. The managing director (if only one director is appointed) or Board of directors and legal representative are appointed by the foreign parent company. The WFOE abides by the Chinese company law and regulations like any other Chinese company. 2. Legal liability The WFOE is liable to its assets like a limited liability company in Western legal practice. The minimum capital to be registered is usually around USD120,000. In some cities and for some industries, however, the minimum capital required could be as low as USD12,000. 3. Commercial Activity Chinese corporate law restricts companies to their business scope, i.e. the range of business activities it can perform. A WFOE is also restricted in such a way. The business scope of a WFOE is usually restricted to […]
2019-12-11
Read: Value-Added Tax in China for 2019 (1) Life Services — Culture and Fitness Services 57 Cultural Service Variety of services provided to meet the needs of the public cultural life. Including literary and artistic creation, artistic performances, cultural competitions, lending of library books and materials, archives management, protection of cultural relics and intangible heritage, organization of religious activities, scientific and technological activities, cultural activities, and tourist sites provided. 6% 58 Fitness Service Services provided to organize and hold sports competitions, performances and activities, and to provide sports training, guidance and management. 6% No. Taxable Items Tax Rate Life Services — Culture and Fitness Services (Continue) 59 Education Service Business activities for providing academic education services, non-academic education services and educational auxiliary services. Academic education services provided to recruit students and organize education planning according to the confirmation or approval of Educational Administration Department, and to issue the corresponding certificates, including […]
2019-12-11
Value-added Tax Rate IN CHINA Effective from April 1,2019 For the different taxable items of China’s value-added tax (VAT) and different types of taxpayers, we classify the VAT rate into the following four categories and list the taxable items of the four categories and the corresponding tax rates respectively. 1. VAT rate applicable to VAT general taxpayers for sales or import of goods, sales of taxable services. 2. VAT rate applicable to all taxpayers for export of goods, services or intangible assets. 3. VAT deducted rate applicable to VAT general taxpayers for purchase of agricultural products. 4. VAT leviable rate applicable to small-scale taxpayers or VAT general taxpayers who allowed to use the simple tax computation method. Category Taxpayer Taxable Items Tax Rate / Leviable Rate / Deduction Rate 1 VAT general taxpayers Sales or import of goods, sales of taxable services Trading/import or export, traffic and transit services, postal […]
2019-12-11
The principal forms of business entities available to foreign investors in Shanghai are:- (1) Foreign Investment Enterprises (a) Equity Joint Venture (EJV) (b) Cooperative Joint Venture (CJV) (c) Wholly Owned Foreign Enterprise (WOFE) (2) Foreign Enterprises (a) Representative office (RO) (b) Branches of Foreign Enterprise (c) Enterprises other than those listed above that have establishments or places of business in China and engage in production or business operations, e.g. factory, places for exploitation of natural resources, contracted project sites. Laws and Regulations Relating to Formation of Business Entities When choosing among different forms of business entities, it should be noted that not all types of entities are available for all kinds of industries. The formation, organization, management of most of these entities are governed by their respective laws and regulations, which are special laws relating to the particular form of business entities in question. In 1994, the first company law […]
2019-12-11
The Regulations of Beijing Municipality on the Confirming of the New-Technology Enterprises Beijing Municipal Science and Technology Commission (December 1998) 1. These regulations are formulated for the purpose of promoting the development of high- and new-technology industries in and strengthening the confirming of new-technology enterprises in Beijing Municipality in accordance with No. 47 Document (1988) of the People¡¦s Government of Beijing Municipality and the relevant regulations issued by the Ministry of Science and Technology (originally called the State Science and Technology Commission). 2. These regulations are applicable to all the new-technology enterprises set up in the administrative territory of Beijing Municipality. 3. The Beijing Municipal Science and Technology Commission (BMSTC) is the department of the People¡¦s Government of Beijing Municipality taking charge of the examination and approval of new-technology enterprises as well as implementation of these regulations. 4. The scope of new technologies and the products thereof are as follows […]
2019-12-11
Document No (24) 2011 Issued by Division of Planning & Wages Shanghai Municipal Labour & Social Security Bureau, 22 March 2011 To all the Municipal Commissions, offices, Bureaus, Holding (Group) Corporations, Administrative State-Owned Enterprises, the District/County Labour & Social Security Bureaus, the Employing Units: With the approval of Shanghai Municipal Government, the minimum wages in the Shanghai City will be adjusted on 1 April 2011. Notice regarding some of the relevant issues is hereby given: – 1. The monthly minimum wage of workers in the Municipality is adjusted from RMB1,120 to RMB1,280. While the following items are not included within the minimum wage and shall be paid in addition by the enterprises according to relevant laws and regulations: (1) Contributions for Social Insurances and Public Housing Fund by the individual workers themselves; (2) Overtime pay; (3) Allowances for mid-shift, night shift, work in extreme temperatures, in mine or exposure to […]
2019-12-11
(Applicable to Wholly Foreign Owned Enterprise, Sino-Foreign Equity Joint Venture and Cooperative Joint Venture and other types of foreign invested enterprises) Conditions for Termination In line with Chinese law, a foreign-funded enterprise shall be terminated where any of the following conditions occurs: 1. That the term of operation expires; 2. That the investors have decided to dissolve the enterprise because of poor operation and serious losses; 3. That the enterprise cannot continue to operate because one of the partners has failed to fulfil its obligations defined by the contract and charter of incorporation; 4. That the enterprise cannot continue to operate because of serious losses resulting from factors of force majeure such as natural disasters and war; 5. That the enterprise has become insolvent; 6. That the enterprise has been dissolved for violation of law or harming public interests; 7. That there have occurred other reasons to dissolve the enterprise […]