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Results: 1-10 of 44

New PRC tax treatment for disposal of offshore intermediate holding companies

  • Squire Patton Boggs
  • -
  • China
  • -
  • January 12 2009

Offshore holding companies have been widely used by investors from outside the PRC to structure their investments in China, especially if the investor intends to dispose of its China interests in the near future

Utilising British Virgin Islands and Cayman Islands entities for private equity investment into China

  • Ogier
  • -
  • British Virgin Islands, Cayman Islands, China
  • -
  • May 22 2009

As offshore legal counsel based in Hong Kong, we commonly deal with the book ends of inbound private equity investment into the People’s Republic of China (“PRC”), that being, the initial establishment of the offshore investment fund structure, typically structured as a limited partnership and domiciled in either the Cayman Islands or British Virgin Islands (the “PE Fund”) at one end, and at the other, investments made by PE Fund’s in certain offshore target entities (“Offshore Target”), indirectly holding strategic PRC assets which are subject to such acquisition

Offshore equity transactions: implications of recent changes to corporate tax law in China

  • Ogier
  • -
  • China
  • -
  • April 9 2010

The Chinese State Administration of Taxation (“SAT”) issued Circular 2009 No. 698 (“Circular 698”) on 10 December 2009

New regulation of China Tax Bureau on collection of taxes due to offshore equity interest transfers by non-resident enterprises

  • Dorsey & Whitney LLP
  • -
  • China
  • -
  • February 12 2010

In 2009, income taxes collected from non-resident enterprises (defined in the Enterprise Income Tax Law of China as “an enterprise incorporated in a foreign country or region with its actual management organization located outside China”) reached Renminbi 41.611 billion, a 55 increase in comparison with 2008

Ministry of Finance announces increased scrutiny of offshore indirect transfers

  • Winston & Strawn LLP
  • -
  • China
  • -
  • March 12 2010

On December 10, 2009, the Chinese Ministry of Finance ("MOF") Tax Policy Department announced a new international tax enforcement initiative targeting offshore indirect transfers of Chinese equity interests

Circular 698: China’s anti-tax avoidance measures for offshore SPVs

  • Cadwalader Wickersham & Taft LLP
  • -
  • China
  • -
  • August 24 2010

In a circular issued on 10 December 2009, the State Administration of Taxation ("SAT") made clear its intention to target offshore transactions involving the indirect transfer of PRC enterprises (Notice on Strengthening the Management of Enterprise Income Tax Collection of Proceeds from Equity Transfers by Non-Resident Enterprises Guoshuihan 2009 No

New SAFE Rule Circular 19 reigniting round-trip investment in PRC

  • Morrison & Foerster LLP
  • -
  • China
  • -
  • June 14 2011

On May 27, 2011, the State Administration of Foreign Exchange of PRC (“SAFE”) issued Operating Instructions on Foreign Exchange Administration for Domestic Residents Engaging in Financing and Round-tripping Investment via Overseas Special Purpose Vehicles (“Circular 19”), which goes into effect on July 1, 2011

Safe Circular 19 provides new operating instructions on foreign exchange administration for round-trip investment in China

  • Morgan Lewis & Bockius LLP
  • -
  • China, USA
  • -
  • July 18 2011

On May 20, China's State Administration of Foreign Exchange issued the "Operating Instructions on Foreign Exchange Administration for Domestic Residents Engaging in Financing and Round-tripping Investment via Overseas Special Purpose Vehicles" (Circular 19), which came into effect on July 1

Cross-border Renminbi financing how are funds raised offshore remitted into China?

  • Clifford Chance LLP
  • -
  • China
  • -
  • July 18 2011

Accelerated by the increasing use of Renminbi (RMB) in the settlement of cross-border trade, offshore RMB markets, in particular Hong Kong, have developed speedily

Using offshore RMB funds to invest in real estate and other assets in China: further legal rules announced

  • Baker & McKenzie
  • -
  • China
  • -
  • October 19 2011

On 12 October 2011, the PRC Ministry of Commerce announced further detailed rules for foreign investors to use their offshore RMB funds to invest in real estate and certain other types of projects in China