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Beijing

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  1. Tax: Beijing
  2. Leading individuals: local firms

Leading individuals: local firms

King & Wood Mallesons bolstered its tax practice in 2012 with the arrival of Zhao Yan, formerly a consultant at one of the Big Four. The highly regarded Tony Dong leads the team; he has experience advising multinational corporations and domestic companies on the full range of tax issues, including those relating to risk assessment, tax planning, M&A structuring and corporate restructuring. Recent work includes representing a well-known real estate enterprise in analysing the tax exposures arising out of its corporate restructuring. The team also recently advised a US software company on the tax implications of an acquisition in China, involving a tax due diligence assessment of the target company.

The ‘excellent’ tax team at Jun He Law Offices advises domestic and international clients on pre-investment tax structuring, bilateral tax treaties and Chinese domestic tax law issues arising from their investments. Group head David Liu specialises in PRC tax and bilateral tax-treaty matters, advising clients in industries such as semiconductor manufacture, hi-tech and pharmaceuticals, on issues affecting their investments and business operations in China. Clients praise the ‘risk-assessed, business savvy and down-to-earth advice’. Julie Cheng has notable experience in tax-related dispute resolution.

Run Ming Law Office provides a range of tax services including advice on FDI, M&A transactions, tax due diligence and compliance, and the design and planning of tax structures. Team head Ron Ma has extensive experience representing clients in a range of industries such as retail, logistics, pharmaceuticals, energy, and manufacturing. He also has a notable track record in litigation, arbitration and mediation proceedings.

Allbright Law Offices’ tax practice works closely with the corporate team, advising on tax matters including cross-border direct investment, tax-efficient supply chain management, and tax-related dispute resolution. Kevin Wang leads the group, and recently gave tax-structuring advice to Terex Corporation in connection with the restructuring of its joint venture with Sinomach, a subsidiary of China National Machinery Industry. Shanghai-based Haifeng Yang is also recommended.

Zhong Lun Law Firm’s dedicated tax practice is led by Yongjun Peter Ni, who has significant experience representing multinational corporations and large Chinese companies in sectors including manufacturing, technology, and financial services (particularly investment funds). Ni’s work focuses on market entry and exit strategies, investment structuring and restructuring, M&A transactions, transfer pricing and tax dispute resolution, among other areas.

Haiwen & Partners’ tax work is predominantly in relation to general corporate and M&A matters. The team has experience advising clients including banks, venture capital firms and private equity funds. Fei He is the key contact.


Foreign firms

Index of tables

  1. Tax: foreign firms
  2. Leading individuals: foreign firms

Leading individuals: foreign firms

Led by Jon Eichelberger, Baker & McKenzie’s tax team is praised as ‘very responsive and knowledgeable about local laws and business processes’, and its ‘advice is thorough and practical’. Shanghai-based Brendan Kelly has the ‘ability to see the full picture and weigh costs against benefits’. The team recently advised a PRC based enterprise on a pre-public listing restructuring valued at $200m. Other highlights include assisting an EU based pharmaceutical company quash a Chinese tax assessment through an administrative review process. The transfer pricing group, led by Glenn DeSouza, acts for a number of multinational companies in the retail, electronics, chemicals, semiconductor, and fashion industries.

DLA Piper continued to expand in 2012 through the hire of counsel William Marshall; he has particular expertise in customs and indirect taxation. Clients praise the team as ‘very knowledgeable’ and ‘the best’. The firm has expertise in the full range of tax services, including transfer pricing, executive services and private banking, and recent work includes tax advice to Van de Velde, a Belgium-listed lingerie brand. Daniel Chan and Stephen Nelson are both highly regarded tax specialists, and Todd Beutler was recently hired as a tax partner in the firm’s Hong Kong office.

Guo Min leads Gide Loyrette Nouel A.A.R.P.I.’s tax practice in Beijing; she has expertise in customs law, foreign exchange control as well as general corporate and commercial work. The team recently advised GDF Suez on tax structuring and planning in connection with central heating and cooling projects in Chongqing. Other work includes advising Ipsen on the PRC customs and tax implications of the disposal of expired pharmaceutical products. Paris-based Stephane Vernay is also recommended.

O’Melveny & Myers LLP’s tax team has particular expertise in tax structuring and planning in relation to cross-border M&A transactions and joint ventures, corporate reorganisations, and liquidations. The team has undertaken a number of contentious matters against tax bureaus, and is often asked to give comments on all major draft tax legislation, including – most recently – Chinese partnership tax rules. Highly regarded Larry Sussman leads the tax practice in China.

Cuatrecasas, Gonçalves Pereira provide tax-planning advice for Spanish and Portuguese companies on their investments in China, including financing projects and divestment, M&A and transaction-related tax matters, and transfer pricing. Recent work includes advising Cortefiel on the opening of 800 stores in China. The team also advised Flamagas on the tax structuring of its M&A deals in China, and on its negotiations with the tax authorities. Other clients include Mondragon Corporation, Acerinox and Iberostar. The team has a ‘first-class approach’ and is led by Omar Puertas, who provides ‘wise and strategic advice’.

Garrigues’ Manuel Torres leads the firm’s Chinese tax practice; he has ‘good communication skills and understanding’. The team advises a number of Spanish, Portuguese and Latin American companies on their Chinese investments, as well as advising Chinese SOEs and private companies on their investments in Europe and Latin America. Recent work includes advising Dia on its corporate reorganisation in China.

Jones Day worked closely with the M&A team in 2011, particularly on deal planning, execution, and post-deal filings of tax matters; the team has also undertaken significant work relating to Circular 698 (which imposes an obligation to report and pay tax on direct transfers of PRC enterprises). Recent work includes advising PolyOne on its $486m acquisition of ColorMatrix. Fuli Cao is the name to note.

Paul-Emmanuel Benachi heads up the Asia practice at LPA, Lefèvre Pelletier & associés; he has particular experience in foreign investment in China and M&A transactions. The team has particular expertise in tax matters relating to corporate restructuring.


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Legal Developments in China

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • China Customs New Interpretation

    For many products, tariff classification can be technically complex, confusing, and subject to multiple interpretations. Often several different Harmonized System Codes ("HS Code") may seem applicable for one given product with different tariff rates. Tariff classification is indeed a process of application of customs classification rules, including customs rulings and decisions, and misclassification may trigger severe legal consequences. The sad fact is, unfortunately, that many companies rely on non-legal professionals to determine the HS Codes for imports or exports. A recent interpretation issued by the General Administration of Customs of China ("GACC") (Circular No. [2012] 495 Shu-Fa-Fa) (the "Interpretation") reinforces the process of tariff classification as a legal matter, and formulates the test as to what counts for regulatory violation if tariff classification rules are improperly applied by the importer or exporter in a given case. If the legal defense is successful, misclassification may only be treated as a non-violation misclassification, with the possible obligation to pay up additional customs duties, if any, but without administrative or criminal consequences. The Interpretation took effect as from February 1, 2013.
  • Will OEM catch you out?

    Original Equipment Manufacturing(OEM), particularly cross-border OEM, is perhaps most common model in the contemporary manufacturing world. It's now routine for Western companies to provide design and technology know-how and then to outsource production to China and other Asian countries where the labour needed to manufacture a product is comparatively inexpensive.
  • A Second Look at NDRC’s Most Recent Enforcement Cases against Price Violations in 2013

    On January 4, 2013, NDRC declared that Samsung, LG and four Taiwanese firms were fined RMB 350 million for fixing the prices of LCD screens during the period from 2001 to 2006  (" LCD Case "). On January 16, 2013, Maotai, one of most famous wine brands in China, declared that they were investigated by NDRC for its monopolistic behaviors and they therefore would modify all their sales policies that had violated the 2008 Anti-monopoly Law of PRC (" AML "), in particular the resale price maintenance policy. This was closely followed by the declaration of WuLiangYe, another wine magnet in China, which announced on January 17, 2013 that they would also abolish all the sales policies in violation of AML, after an investigation of NDRC.
  • CHINA gossIP - Intellectual Property Journal - March/April 2013

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  • CHINA gossIP - Intellectual Property Journal - January/February 2013

    In this issue:
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  • Legal Risks in Commodity Classification for Customs Clearance [Customs&Trade]

    In July of 2007, an overseas projector manufacturer modified its video projector products (HS Code: 8528 3010, Duty Rate: 35-30%) into digital projectors (HS Code: 8471 6090, Duty Rate: 15-10%) through a series of technical methods, such as installing video connectors and crystal oscillators, covering up pre-set sockets, changing buttons, modifying relevant software, renovating outer packaging and product manuals. Later, its subsidiary in China imported such modified products under an HS Code applicable to digital projectors. After customs clearance, the company had the imported products re-modified into video projectors and sold them in China.
  • Memorandum on “The Circular of The NDRC on the Issuance of RMB Denominated Bond in Hong Kong..."

    Special Administrative Region by Domestic Non-financial Institutions
  • WHD IP Express No.1 2012/11

    CMTO Classification Is Not the Sole Criterion for Assessing the Similarity of Goods and Service
  • WHD IP Express No.1 2012/10

    Neoplan Loses an Important Infringement Lawsuit Due to Invalidation of it's Design Patent
  • Legal Developments of China’s Micro-credit Industry

    Micro-credit companies, which provide lending services for farmers, individual industrial and commercial households, and small and medium-sized enterprises, have become an important channel for private capital to enter the financial market and a significant supplementary power of China's credit market.

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