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In brief

In this issue of China Tax Update, we will discuss the major China tax developments in the second quarter of 2022, including the following:

  1. Latest development in the “aligned arrangement” for customs valuation and transfer pricing
  2. MLI update: China deposited its instrumental of approval for the multilateral convention with the OECD
  3. Implementation guidance for certain stamp duty policies under Stamp Duty Law

Click here to access the full publication.

Latest update: China: Tax update | March 2022 

Baker & McKenzie FenXun (FTZ) Joint Operation Office is a joint operation between Baker & McKenzie LLP, and FenXun Partners, approved by the Shanghai Justice Bureau.

Author

Ms. Liu is a partner at the FenXun Beijing office. She focuses on PRC taxation, tax controversy and international tax planning related to investments in China, as well as tax planning for outbound investment by large-scale Chinese enterprises. Ms. Liu has over 17 years’ experience in advising China tax issues. She has extensive experience in handling transfer pricing and other tax audits. She is also experienced in the areas of M&A tax planning, supply chain management, wealth planning, individual income tax, permanent establishment exposure and voluntary disclosure. Baker & McKenzie FenXun (FTZ) Joint Operation Office is a joint operation between Baker & McKenzie LLP, an Illinois limited liability partnership, and FenXun Partners, a Chinese law firm. The Joint Operation has been approved by the Shanghai Justice Bureau. In accordance with the common terminology used in professional service organisations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.

Author

Abe is the senior tax consulting director at FenXun Partners. Before joining FenXun, Abe served as the global tax director of Huawei's Consumer Business Group, overseeing the tax operation of Huawei's consumer device business, e-commerce, and consumer cloud services worldwide. He has over 16 years’ experience in advising China tax issues. Baker & McKenzie FenXun (FTZ) Joint Operation Office is a joint operation between Baker & McKenzie LLP, an Illinois limited liability partnership, and FenXun Partners, a Chinese law firm. The Joint Operation has been approved by the Shanghai Justice Bureau. In accordance with the common terminology used in professional service organisations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.

Author

Mr. Wen’s practice focuses on PRC business and tax law related to foreign investment, disputes with tax authorities, PRC transfer pricing, mergers and acquisitions. He has over 18 years' experience in advising China tax and investment. Baker & McKenzie FenXun (FTZ) Joint Operation Office is a joint operation between Baker & McKenzie LLP, an Illinois limited liability partnership, and FenXun Partners, a Chinese law firm. The Joint Operation has been approved by the Shanghai Justice Bureau. In accordance with the common terminology used in professional service organisations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.

Author

Brendan T. Kelly is a partner of Baker McKenzie's Shanghai office and head of the China Tax Practice as well as chair of the Asia Pacific Tax Practice. Brendan has practiced tax with an Asian focus for about 25 years, with two decades based in China. He has performed a wide range of analysis for various industries with regard to China tax implications, and specializes in advising cross-border clients on tax and legal implications of investment in China. Brendan also has in recent years expanded into regional and global work with multinationals on major mergers and acquisitions, to develop integrated and tax-efficient supply chain structures and defend against tax audits and assessments in China and across the Asia Pacific region. While China remains very much at the core of his practice, Brendan works on a variety of multijurisdictional deals and matters on behalf of his clients.

Author

Nancy Lai's practice primarily involves a wide range of tax services for international and domestic companies in various industries with respect to their inbound and outbound investment, including acquisitions, divestitures, reorganizations, and the establishment of distribution, sourcing and services operations, transfer pricing and tax dispute resolution. Nancy is a member of the Firm's tax group.

Author

Frank Pan is a Fenxun Partner in Baker & McKenzie LLP Shanghai office, FenXun established a Joint Operation Office with Baker McKenzie in China as Baker McKenzie FenXun which was approved by the Shanghai Justice Bureau in 2015.

Author

Amy Ling advises multinational companies on a range of issues relating to PRC tax and legal implications of investments in China, including mergers and acquisitions, divestitures, reorganizations, post acquisition integration, licensing, retail structures, supply chain structures and individual income taxation matters. Amy's previous work experience include a number of years practicing in New York City with a Big Four Accounting Firm and a major Investment Banking Firm.

Author

Jon Eichelberger is the co-head of the China Tax Practice of Baker McKenzie. After having lived and worked in China for 29 years, he is now based in our Firm's San Francisco office.

Author

Shanwu Yuan has over 24 years’ experience in advising China tax issues. Previously, Mr. Yuan worked for the State Administration of Taxation (SAT) of China from 1995 to 2012. He represented the SAT, and in turn China, in various international tax arenas. He was a frequent participant in the OECD Working Party 6 on the Taxation of Multinational Enterprises, and an active contributor to the OECD work on intangibles and other topics. He was a member of the UN Subcommittee on Transfer Pricing. In the SAT, Mr. Yuan held various positions. He worked on corporate tax policy for foreign investment, and was a member of the drafting team for the new Enterprise Income Tax Law, which entered into force in 2008. After 2009, he focused on international tax matters such as TP, information exchange between governments on tax matters and international cooperation. He also spent four years assisting the Chief Economist of SAT.

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