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Industry News

21 December 2011

HONG KONG IS THE NO. 1 FINANCIAL CENTRE

Hong Kong ranked as the number 1 financial centre out of 60 countries in The World Economic Forum’s (WEF) Financial Development Index.  Hong Kong…

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21 December 2011

HONG KONG AS THE DIVORCE CAPITAL OF ASIA?

A recent string of high profile divorce cases in Hong Kong has left no doubt that Hong Kong, like London, is fast become a divorce mecca for the sup…

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08 December 2011

UK TAX AVOIDANCE INITIATIVES

The Treasury Chief Secretary, Danny Alexander, announced at the Liberal Democratic conference in September that the HM Revenue and Customs ( “ HMRC…

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08 December 2011

SINGAPORE IMPOSES ADDITIONAL STAMP DUTY

The Singapore government has imposed an additional 10% stamp duty on foreigners and companies buying private residential property which took effect …

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01 December 2011

The New Social Insurance Law in China for Foreign Employees

China’s new Social Insurance Law (SIL) took effect on 01 July 2011 which aims to ensure foreign employees more rights to improve overall social we…

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30 November 2011

PHILIPPINE BUREAU OF INTERNAL REVENUE DEFERS TAX MEMO

The Bureau of Internal Revenue (BIR) of the Philippines has recently deferred for another year the implementation of its controversial Revenue Memor…

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02 November 2011

SOURCE OF AGENCY PROFITS - LI & FUNG (TRADING) LIMITED AND COMMISSIONER OF INLAND REVENUE

The judgment of the Court of First Instance in the case of Li & Fung (Trading) Limited v Commissioner of Inland Revenue was delivered by the Hon Rey…

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28 October 2011

Double Taxation Agreements - Update

Hong Kong has not signed any further comprehensive agreements for the avoidance of double taxation with its trading parties since June 2011.  The …

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14 July 2011

UK Coalition Government proposes statutory test of tax residency in the UK

The Foreign Account Tax Compliance Act (FATCA) was enacted on March 18, 2010, by the US Government as part of the Hiring Incentives to Restore Emplo…

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14 July 2011

The Foreign Account Tax Compliance Act (FATCA)

The Foreign Account Tax Compliance Act (FATCA) was enacted on March 18, 2010, by the US Government as part of the Hiring Incentives to Restore Emplo…

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14 July 2011

Singapore/Spain

Investing from Spain - Use of a Singapore Holding Company On April 13, 2011, Singapore and Spain signed an agreement regarding the avoidance of dou…

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05 July 2011

Double Taxation Agreements - Update

New Treaties As of June 7 2011 Hong Kong has signed 21 comprehensive agreements for the avoidance of double taxation with its trading parties.  Th…

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22 June 2011

UK Coalition Government proposes statutory test of tax residency in the UK

The UK Coalition Government provided good and bad news in its two consultations paper issued on 17 June 2011. The first relates to the remittance basi…

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24 March 2011

Hong Kong and Portugal Sign Tax Pact

Hong Kong today (March 22) signed an agreement with Portugal for the avoidance of double taxation and the prevention of fiscal evasion with respect …

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06 December 2010

Hong Kong Signs Tax Treaty with Switzerland

Hong Kong today (December 6) signed an agreement with Switzerland for the avoidance of double taxation and the prevention of fiscal evasion with resp…

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01 December 2010

Hong Kong, New Zealand Sign Tax Pact

Hong Kong today (December 1) signed an agreement with New Zealand for the avoidance of double taxation and the prevention of fiscal evasion with res…

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11 November 2010

Hong Kong Signs with Luxembourg a Protocol to the Comprehensive Agreement on Avoidance of Double Taxation

On November 11, 2010, the Secretary for Financial Services  and the Treasury, Professor K C Chan, on behalf of the HKSAR Government, signed  the Pro…

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21 October 2010

Hong Kong / France - Comprehensive Double Taxation Agreement

On October 21, 2010(Paris time), Hong Kong signed an agreement with France for the avoidance of double taxation and the prevention of fiscal evasion…

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15 August 2010

New Tax Treaty between New Zealand and Singapore

A new tax treaty between New Zealand and Singapore came into force on August 12, 2010. The treaty replaces the 1973 treaty between the two countries …

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29 July 2010

BVI - Extended Transition Dates for Investment Business Legislation

On July 29, 2010, the British Virgin Islands Financial Services Commission (FSC) announced an extension to the transition dates under the new Securiti…

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20 July 2010

Hong Kong Legislative Council Passes Companies (Amendment) Bill 2010

Hong Kong’s Legislative Council passed the Companies (Amendment) Bill 2010 (Legal Supplement No. 3 to Gazette No. 3, Vol. 14 ) on July 7, 2010.  T…

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24 June 2010

BVI - New Securities & Investment Business Legislation

The BVI Securities & Investment Business Act, 2010, (“SIBA”) has passed into law, effective May 17, 2010.  It has replaced the BVI Mutual Funds A…

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22 April 2010

Concerns About New Philippines Revenue Memorandum Order

On March 15, 2010, The Philippines’ Bureau of Internal Revenue (BIR) issued Revenue Memorandum Order (“RMO”) No. 26-2010 (“RMO 26-2010”) for…

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21 April 2010

Revised DIPN 43 clarifies the location of offshore funds for Hong Kong profits tax purposes

During the Hong Kong budget speech delivered on March 24, 2010, Mr John Tsang announced that the Inland Revenue Department (“IRD”) has been instru…

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20 April 2010

New Taxation Regime for Representative Offices of Foreign Enterprises in China

On February 20, 2010, the State Administration of Taxation issued the Provisional Measures for Tax Collection and Administration for Foreign-Enterpris…

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16 April 2010

Cayman Islands Signs Tax information Exchange Agreement with Australia

The Cayman Islands signed a tax information exchange agreement with Australia on April 13, 2010, during a ceremony held at the Australian Embassy in W…

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25 March 2010

Three More Treaties for Hong Kong

Since the enactment in January this year of The Inland Revenue (Amendment) Ordinance 2010, which enabled the Hong Kong Government to adopt the 2004 OE…

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19 March 2010

Philippine President Approves Law on Tax Information Exchange

On March 5, 2010, Philippine President Gloria Macapagal Arroyo signed into law Republic Act 10021, allowing the exchange of tax information pursuant t…

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23 February 2010

Status of residency after the Court of Appeals judgment in Gaines-Cooper v HMRC

The English Court of Appeal ruled on February 16, 2010, that the HMRC has not breached entrepreneur Robert Gaines-Cooper’s legitimate expectations i…

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10 February 2010

Notice 698: Challenges from the PRC Tax Authorities on the Offshore Holding Structures of China Enterprises

Notice 698 sets out the basis on which the PRC State Administration of Taxes (“SAT”) may tax a foreign company that “indirectly” transfers equ…

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10 February 2010

The Significance of the Foreign-Invested Partnership Enterprises for Foreign Investors into China

Until recently, because of the lack of a legal framework, foreign investors have not been able to set up partnership enterprises in China, whilst dome…

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10 February 2010

Germany Delays Taking Action Against Users of Tax Havens

Germany will hold off on imposing sanctions on companies and individuals who transfer money to tax havens.  Tax havens, according to the Ministry of …

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18 January 2010

BVI Tax Information Exchange Agreements signed with Ireland and China

The Government of the British Virgin Islands (BVI) has over many years built a reputation for being a constructive and co-operative member of the inte…

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04 January 2010

Chinese State Administration of Taxation Issues New Guidelines About Passive Income

In a previous client briefing note, we advised that from 1 October 2009, any claim of double tax treaty benefits by tax residents of tax treaty countr…

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17 December 2009

BVI Companies Given the Green Light to List in Hong Kong

On 16 December 2009, the Stock Exchange of Hong Kong Limited (“HKSE”) amended its “list of acceptable overseas jurisdictions” to allow compani…

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09 December 2009

Cayman Islands 2009-2010 Balanced Budget

The Cayman Islands 2009-2010 budget is expected to create a small surplus of income as a result of cuts in expenditures in conjunction with increases …

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08 December 2009

Tax Exemption Scheme for Qualifying Family-owned Investment Holding Companies (FIHC) in Singapore

The Singapore government has announced that its tax concessions to individuals are now extended to individuals who invest through a qualifying Family-…

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07 December 2009

Hong Kong/Vietnam Double Tax Agreement

A double taxation agreement between Hong Kong and Vietnam (“the HK/Vietnam DTA”) was signed on 16 December 2008.  It will apply to Hong Kong tax …

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15 November 2009

With the signing of it's 12th tax agreement, Singapore is the newest arrival on the OECD white list

On November 13 2009, Singapore signed an agreement with France to share tax information, allowing it to qualify for the OECD's white list of jurisdict…

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11 November 2009

Changes to the regulatory landscape for retail structured investment products

In September 2009, the Securities and Futures Commission of Hong Kong (“SFC”) sought to enhance and fine-tune the regulatory regime relating to al…

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11 November 2009

China issues clear and comprehensive rules on double tax treaty benefit claims by non-residents

On 1 October 2009, Guoshuifa [2009] 124 (“Circular 124”) came into effect.  Before Circular 124 was issued, different local-level tax bureaus ado…

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22 October 2009

Singapore set to leave the "Grey List"

On the 19th October The Singapore Parliament passed the Income Tax Exchange of Information Bill.  Effectively, this lifts the 'domestic interest cond…

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14 October 2009

Defense strategies in respect of transfer pricing audits in China

With the issuance of Circular No. 363 (Strengthening the Monitoring and Investigation of Cross-Border Related Party Transactions, Guo Shui Han [2009] …

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07 October 2009

British Virgin and Cayman Isles ‘White Listed’

In a move that places the British Virgin Islands and the Cayman Islands alongside the likes of the US and the UK in terms of their implementation of i…

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30 September 2009

Switzerland and US sign agreement to bolster tax information exchange

As part of its drive to remove itself from the Organization for Economic Co-operation and Development’s (OECD) ‘grey list’, Switzerland recently…

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30 September 2009

Liechtenstein Disclosure Facility

Introduction The global trend towards international tax transparency gathered further momentum on 11 August 2009 following the announcement that the …

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30 September 2009

Seychelles IBC Act – Bearer Share Amendments

Seychelles IBC Act - Bearer Shares AmendmentsThere have been important changes introduced by the recently enacted IBC (Amendment) Act 2009 relating to…

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29 July 2009

Extension of the Deductibility of Interest Incurred on Loans to Finance Capital Expenditure

Under section 16(2)(e)(i) Inland Revenue Ordinance (“IRO”), subject to the relationship between the lender and borrower, interest incurred on fund…

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29 July 2009

Exchange of Information Bill Introduced into LEGCO

The adoption of the more liberal OECD 2004 Exchange of Information Article ("AOI") moved a step closer following the introduction of the Inland Revenu…

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25 March 2009

Hong Kong plans to introduce the new Companies Bill

In response to requirements of investors and in order to modernise Hong Kong’s company law, the Hong Kong government decided to rewrite the Companie…

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04 February 2008

Second Protocol to the DTA signed by Hong Kong with the Mainland on 30 January 2008

On 27 June 2007, the Inland Revenue Department (IRD) of Hong Kong (www.ird.gov.hk) issued a new version of Departmental Interpretation & Practice Not…

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