Author name: wensenleke

SAT Clarified Completion Conditions of Real Estate Product

On May 12 2010, the State Administration of Taxation (SAT) issued the Notice of Clarifying the Completion Conditions of Product Developments of Real Estate Development Enterprise (Guo Shui Han [2010] No.201) (Notice 201) pursuant to previous Circulars concerning enterprise income tax (EIT) of real estate development enterprises (REDEs). In accordance with Notice 201, the completion …

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EU Opens Broader Antitrust Investigation of Greek Airlines’ Merger

On July 30th 2010, the European Commission (“EC”) said that it would deepen its investigation of the proposed merger of Olympic Air and Aegean Airlines, both of which are Greek airlines. The merger is said to be able to “raise serious competition concerns”. Officials of EC said that the business to be merged has “very …

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SAT Issued New Circular to Restrict Collection of LVAT

On May 19th 2010, the State Administration of Taxation (“SAT”) promulgated the Notice Regarding Certain Issues of Calculating Land Value-Added Tax (Guo Shui Han [2010] No.220) (the “Notice”). The Notice further clarified the calculation of land value-added tax (“LVAT”) from certain aspects concerning calculation of income, deduction of costs, compensation of dismantlement, and such others. …

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Merger of United Airlines and Continental Airlines Inc. cleared

On July 27, the European Commission cleared the merger of the United Airlines and Continental Airlines Inc, making the United Airlines the world largest airline company. According to the investigation undertaken by the administrative authority on the anti-monopoly matters of the European Commission, there are few competition overlaps between the two airlines on their European …

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Further Regulations on Pre-Tax Deduction For Public Welfare Donation Released

Following the “Notice on the Pre-tax Deduction for Public-Welfare Donation” released by the Ministry of Finance (MOF) on Dec 31, 2008, the “Supplementary Notice concerning Issues Related to Pre-tax Deduction for Public-Welfare Donation” (Notice) has been issued recently. The Pre-tax Deduction for Public-Welfare Donation means that the donation expenditure paid by the enterprises or individuals …

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Trial Measures First Allows Green-Field Joint Ventures with Chinese Individuals

Recently, Shanghai established The Trial Measures on Establishment of Sino-Foreign Equity Joint Venture Enterprises and Sino-Foreign Cooperative Joint Venture Enterprises invested by Domestic Nature Persons in Pudong New District (“Trial Measures”). The Trial Measures consists of ten articles concerning the regulation of domestic nature persons investigating on Sino-Foreign Joint Ventures, and takes effect on May …

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Experts Say License for ITV Should Avoid Leading to Monopoly

On July 30th 2010, Hao Yabin, Deputy Secretary-General of China Video Industry Association (CVIA), attended the Summit of New Television Industry under the Merge of “Three Networks”. At the Summit, Hao said that management of Internet Television (ITV) should benefits the Industry, rather than lead to industrial monopoly by controlling licenses. Hao admitted that the …

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New China-Barbados Double Taxation Protocol Is to Be Implemented

On June 28th 2010, the State Administration of Taxation (“SAT”) issued the Notice of Effectiveness and Implementation of the China-Barbados Protocol on Avoidance of Double Taxation and Prevention of Fiscal Evasion with Respect to Taxes (Guo Shui Fa [2010] No.64) (“the new Protocol”). According to the Notice, the new Protocol signed on February 10th 2010 …

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