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ARTICLE · 08 NOVEMBER 2012

China Tax Regulation Update - October 2012

A number of tax regulations in China have recently been updated.

ChinaTax
Charlie Sun
Charlie Sun

A number of tax regulations in China have recently been updated. To summarise these updates, we have prepared a detailed table on the changes showing how they will affect organisations.

To view the table, please see below:




Table

Circular  Number

Issuance Date

Effective Date

Topic

What is new?

Ministry of Commerce Decree [2012]  No. 8

2012-9-21

2012-10-22

Provisional Regulations on Capital Contribution by Means of Shares in Foreign Invested Enterprises

For various reasons, a foreign company holding direct shares in its Chinese subsidiaries may wish to transfer such shares to a Chinese entity ("Transferee Company"). In the past, such share transfer could be made in the form of a capital contribution only if the Transferee Company had a Chinese Holding Company ("Holdco") status. Otherwise, it had to be structured as a share transfer where the Transferee Company paid a share price to the foreign

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