Registered Foreign Lawyer, Baker & McKenzie, Hong Kong office
Amy Ling advises multinational companies on a range of issues relating to PRC tax and legal implications of investments in China, including mergers and acquisitions, divestitures, reorganizations, post acquisition integration, licensing, retail structures, supply chain structures and individual income taxation matters.
Chine - Clawback on Overseas Investors' Deferred Dividend Withholding Tax - In face of the current geopolitical tension and challenging economic landscape, an increasing number of MNEs are considering whether to restructure and/or exit their China investments. It appears that the Chinese tax authority has ramped up its clawback of deferred Withholding Tax in overseas investors' divestment process. The State Taxation Administration has set up a special working group to prevent enterprises from abusing the WHT Deferral Policy. In line with this enforcement trend, China Taxation News has reported several cases on the clawback of deferred WHT since the beginning of 2023.
Chine - Services PE Risk of MNEs - As China reopens after the Covid-19 pandemic, international exchange of personnel gradually resumes. With more active on-the-ground operations in China by multinational enterprises (MNEs), the permanent establishment (PE) issue has also regained the PRC tax authority's attention.
