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Index of tables

  1. Tax: PRC firms
  2. Leading individuals

Leading individuals

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Tax boutique Hwuason Law Firm covers the full range of tax matters for corporate and private clients. Particular areas of strengths include auditing, planning, risk management and dispute resolution. Tianyong liu is ‘a proactive and approachable lawyer’.

JunHe LLP’s team is now led by Julie Cheng, following David Liu’s move to FuJae Partners in December 2015. The team’s recent work includes advice on VAT pilot reforms, Circular 698 filings and tax audits. Cheng advised on PRC tax aspects of an offshore M&A transaction involving indirect transfer of PRC subsidiaries and a VIE structure.

King & Wood Mallesons is praised for its ‘depth of team and responsiveness’. The four-partner team is led by Tony Dong, who has particular expertise in transfer pricing investigations, tax avoidance proceedings, tax appeals and related litigation in China. Yan Zhao acted as the PRC tax counsel for the provincial government of British Columbia (in Canada) regarding a panda bonds issuance and Daisy Duan has been advising China Ming Yang Wind Power on its privatisation, including analysing tax implications, tax optimisation and estimation of potential PRC tax liability. Bill Ye successfully represented China Calxon Group in a tax dispute arising from a share transfer.

Corporate and commercial boutique firm FuJae Partners was formed in December 2015 and the team, which is led by highly regarded tax structuring expert David Liu, is experienced in customs and import-related VAT matters, as well as the representation of clients in administrative and criminal investigations.

Zhong Lun Law Firm’s ‘commercial and responsive’ team is recommended for assisting a broad range of clients on transfer pricing audit, tax planning and restructuring. Peter Ni is regarded by some as being ‘the best tax lawyer in China who understands Western and Chinese business practices’, and Peter Chen has experience of handling tax disputes with tax authorities in the PRC and the US. In 2015, Ni assisted SPX Corporation with the PRC tax aspects of its global spin-off transaction. The team also has expertise in private wealth planning for high-net-worth individuals.

Allbright Law Offices is highly experienced in a range of tax issues, particularly for the tax aspects of investments and M&A. Lianfang Fu and Kevin Wang are recommended.

Jincheng Tongda & Neal’s recent work includes responding to tax authority investigations, handling corporate and individual tax planning, and advising on taxes relating to transactions. Zhaohui Wang is the main contact.

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China and Hong Kong

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Legal Developments in China

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  • What is the relationship between PPP and concessions?

    From fledgling concessions to PPP that is sweeping the country today, there are two major sets of regulations to be followed: one being regulations for concessions led by the National Development and Reform Commission (“NDRC”) and the other the series of regulations for PPP led by the Ministry of Finance (“MoF”).  However, to date, there is still not one law that expressly defines the relationship between the two, resulting in much confusion and many impediments in practice.  The relationship between concessions and PPP is an issue currently desperately needing clarification.
  • Thought on Developing Convention on Enforceability of Settlement Agreements Reached Through Concilia

    The UN Commission on International Trade Law (“UNCITRAL”) held its 47th session in New York on 7-18 July 2014 and the Author had the privilege of attending the conference at invitation of Mr. Yu Jianlong, President of the Asia Pacific Regional Arbitration Group (“APRAG”). During the conference, the U.S. Government submitted a proposal suggesting Working Group II (Arbitration and Conciliation) of UNCITRAL (“Working Group II”) to develop a multilateral convention with respect of the enforceability of international commercial settlement agreements reached through conciliation (“Enforceability Convention”) for the purpose of encouraging the use of conciliation in resolving international commercial disputes.  Read more
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    The current PPP tide in China driven by the Ministry of Finance and the National Development and Reform Commission witnesses the transformation and upgrading of large state-owned enterprises.  These enterprises that have traditionally only been familiar with bid invitation, bid submission, and construction, have started to have an impact on numerous new areas such as project proposal and planning, company establishment and acquisition, fund establishment and operation, etc.  Certain state-owned enterprises that got their starts fairly early have cultivated teams with extensive experience in investing, and certain enterprises that are just starting up are selecting young talent from various entities in all out effort to catch up.  Private enterprises also participate enthusiastically.
  • Transfer Pricing – New Risks in Declaring Price Impact of Special Relationship to China Customs

    China Customs recently requires that the importer or exporter of record declare the impact on the import or export price of its special relationship with the counterpart (“Price Impact”). Specifically the declaring party must state whether its special relationship, if any, would affect the transaction value or price as declared to the China Customs. Previously the special relationship was an item of declaration subsequent to a specific request from the Customs. However, the impact of the special relationship was not an item of declaration, and the declaration party even had a general defense right to disprove such Price Impact. The Price Impact, if any, has been a pre-condition for  the Customs not to accept the declared transfer price for the purpose of ascertaining dutiable price of a given import or export shipment, in which case, China Customs shall re-value the given shipment according to China customs valuation rules.
  • New China Customs Taxation Policy on Cross-Border B2C E-Commerce Imports

    The Ministry of Finance, General Administration of Customs and State Administration of Taxation of China jointly issued a circular (“Joint Circular ”) relating to the taxation policy on the cross-border e-commerce retailing imports, with effect as from April 8, 2016.
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  • Zhong Lun Advises Chinese Consortium on $1.9 Billion Acquisition of OmniVision Technologies, Inc.

    On April 30, 2015, OmniVision Technologies, Inc. (OVTI, a Delaware company listed on NASDAQ) announced that it has entered into a definitive agreement to be acquired by a consortium composed of Hua Capital Management Co. Ltd. (“Hua Capital Management”), CITIC Capital Holdings Limited (“CITIC Capital”) and GoldStone Investment Co. Ltd. (“GoldStone Investment”) (collectively, the “Consortium”). Under the terms of the agreement, OmniVision stockholders will receive $29.75 per share in cash, or a total of approximately $1.9 billion. The agreement was unanimously approved by OmniVision’s Board of Directors.

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