If two countries enter into Double Taxation Agreement, investors of both countries enjoy special treatment in respect of dividends, interest, and royalties. The State Tax Administration issued the Notice which addresses on identification and determination of a “Beneficial Owner” under the Double Tax Agreement. Qualification of a “beneficial owner” under the Notice The Notice defines …
Sam Engutsamy, January 20 2010. Having been operational for over 2000 years, China’s monopoly on the sale and production of salt appears to be drawing to an end. The National Development and Reform Commission (“NDRC”) are looking to submit proposals to the State Council to bring a conclusion to the two thousand year old monopolistic …
A. State Council’s “Notice on the Promotion of Stable and Sound Development of the Real Estate Market” Recently released by the State Council, the Notice on the Promotion of Stable and Sound Development of the Real Estate Market (“the Notice”) outlines that down payment mortgage ratios shall not be less than forty percent where a …
Tsolmon Shar Recent IP cases filed under the Chinese courts have shown that China is taking progressive measurements regarding the infringements of Intellectual Property Rights. Recently, MAN Nutzfahrzeuge AG was compensated US$3 million based on the fact that Chinese company allegedly appropriated their IPR by copying the design of its Starliner bus. Following on from …
Sam Engutsamy, January 14 2010. 2009 saw the first full year of China’s AML in effect. During this period three private actions cases were decided upon by the courts in accordance with the powers granted by Article 50. This posting shall give a brief overview of the three private actions cases decided upon by the …
On December 25, 2009 the Ministry of Finance and the State Administration of Taxation have issued a notice clarifying issues concerning the foreign tax credit (FTC) mechanism. According to the Notice, foreign source income, credible tax, and credit limitation with respect to each country or region must be separately calculated. In calculating taxable income, the …
On January 1, 2010 two MOFCOM regulations regarding the reporting of concentrations, and review of concentrations became effective. This posting shall give an overview of the two releases: (1) Measures for the Reporting of Concentrations of Business Operators These new Measures will have applicability to mergers of undertaking, acquisitions through shares or equities and acquisitions …
Tsolmon Shar In October 2009, the lawsuit was filed under the Chinese Court against Google by a Chinese author Mian Mian upon violation of her copyright. The author Mian Mian argued that Google scanned her latest novel entitled “Acid House” into its online library without her permission. Mian Mian, a counterculture writer known for her …
The First Lawsuit Over the Google Books Project In China Read More »
Edward Lehman of Lehman, Lee, and Xu has been named one of the best Immigration lawyers in China by the International Legal Who’s Who 2010. This award accompanies Mr. Lehman’s award from the same publication as one of China’s best Trademark lawyers and one of China’s best Franchise lawyers. Who’s Who is an independent research …
Ed Lehman Named One of China’s Top Immigration Lawyers. Read More »
On August 19, 2009, Administrative Measures on the Establishment of Partnership Enterprises by Foreign Enterprises or Individuals ( 外国企业和个人在中国境内设立合伙企业管理办法, “FIP Measures” ) was issued by the State Council, which will be effective on March 1, 2010. The key issues concerning the Measures According to the FIP Measures foreign individuals or enterprises are allowed to establish …
