Alliance for Tax, Legal, and Accounting Seminars
&
Structured Finance Institute

China Tax: New Rules and New Opportunities

hotel/city

May 14, 2009 - Chicago

The tax scene for foreign companies doing business in China has changed dramatically following the introduction of a new corporate income tax system in 2008.  New rules and policies abound: tax-free reorganizations are now possible and the VAT system has been improved, but the tax authorities are targeting special purpose holding companies, challenging treaty benefits, stepping up transfer pricing enforcement, and imposing a range of new requirements on non-resident enterprises operating in China.  At the same time, many multinational companies in the present economic climate are seeking to reorganize their businesses in China to achieve greater efficiencies.  This one-day conference will introduce these major changes in China taxation and examine in-depth the possibilities and complications of business restructuring from the tax standpoint.

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Conference Materials Order Page - Order Form

1. Restructuring in China – New Tax Rules for Enterprise Reorganization
A 26-page presentation handout
  • Drivers for restructuring and integration
  • New tax rules on reorganizations
  • Types of reorganizations
  • Tax-free reorganizations/taxable reorganizations
  • New rules on tax treatment of liquidation

John Eichelberger, Baker & McKenzie, Beijing
Brendan Kelly, Baker & McKenzie, Shanghai

2. Holding Structures and Tax Treaty Benefits
A 25-page presentation handout

  • Background
  • New rules and policies affecting inbound investment
  • Application of anti-avoidance principles to holding structures
  • New procedures for obtaining treaty benefits on dividend
  • New anti-avoidance cases
  • New resident enterprise rules
  • Impact on inbound investment and coping strategies

John Eichelberger, Baker & McKenzie, Beijing
Brendan Kelly, Baker & McKenzie, Shanghai

3. China’s New Transfer Pricing Laws and Documentation Requirements
A 38-page presentation handout

  • Background in China tax system
  • The most important development in China’s TP history
  • The new document obligations
  • Who will be exempted
  • Filing attachments (with tax return)

Richard L. Weisman, Baker & McKenzie, China

 4. Indirect Taxes/Tax Compliance & Accounting Aspects of China Taxation
A 72-page handout
  • Value added tax (VAT)
  • VAT reform
  • Business tax (BT)
  • Services performed outside of China
  • Tax compliance and accounting
  • Tax registration/tax return

Peter Guang Chen, Deloitte LLP, New York
Lillian Xiao, Deloitte, Detroit/Beijing

5. New Rules for Non-Resident Enterprises
An 18-page presentation handout

  • Tax registration and reporting for non-resident enterprises
  • Tax incentives for high tech services provider
  • NRE with establishment in China

John Eichelberger, Baker & McKenzie, Beijing
Brendan Kelly, Baker & McKenzie, Shanghai

6. Case Study – Restructuring a Business in China
A 21-page presentation handout

  • Brief overview of the facts
  • Exiting and investment
  • Reducing entities – merger
  • Converting to contract manufacturing
  • Adopting a limited risk distribution model
  • Changing holding structure

John Eichelberger, Baker & McKenzie, Beijing
Brendan Kelly, Baker & McKenzie, Shanghai
Ma Yun, Asian American Coal, Beijing

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