China's New Business Income Tax

Outline

1. New PRC Enterprise Income Tax (EIT)
   1. Effective Jan. 1, 2008
   2. Resident enterprises: Worldwide income taxable on net basis
      1. Place of incorporation
      2. Place of effective management
   3. Non-resident enterprises
      1. With an establishment (PE) in China; taxable on net basis
         1. China-sourced income
         2. Effectively connected income
      2. Without an establishment in China but with China-sourced income; taxable on gross basis
   4. Special tax adjustments
      1. Transfer pricing, cost-sharing and APA
      2. Thin capitalization
      3. CFC
      4. GAAR
   5. High tech-related incentives
   6. Branch tax filing
      1. Consolidated EIT returns for all branches
      2. Concerns on EIT flowing into locations of head offices
      3. EIT allocation among head offices and branches
2. Opportunities For Foreign Companies To Restructure Chinese Operations On Tax-Free Basis
   1. State Administration of Taxation notice Guoshuifa (1997) 207 (Notice)
   2. Transferring interest in foreign investment enterprise at cost to another group company
   3. Will dividend-withholding tax exemption continue?
   4. Restructuring PRC investments through tax-haven holding companies
3. Impact of Proposed New IRS Regs On Contract Manufacturing And Subpart F Income
   1. Application of manufacturing exception
   2. Application of branch rule to multi-branch manufacturing operations
   3. Extensive discussion of case study

Benefits

The panel will gives you the benefit of their experience and analysis on these and other top tax priorities:

• Understanding crucial aspects of the enterprise income tax and the associated rules and circulars, so that your company can protect its income from taxation to the maximum possible.
• Identifying tax opportunities and pitfalls in the Chinese marketplace offered by the proposed U.S. contract manufacturing regs.
• Planning tax strategies to deal with anti-avoidance provisions and transfer pricing guidance from China.

Following speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.