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Category: Legal and Regulatory Updates

The New Era of Customs Duties: A Comprehensive Analysis of the Law of the People’s Republic of China on Customs Duties (2024) and its Comparison with the 2017 Regulations

On April 26, 2024, the Standing Committee of the National People’s Congress promulgated the Law of the People’s Republic of China on Customs Duties under Presidential Decree No. 23. This new law, effective from December 1, 2024, marks a significant overhaul of China’s customs duty framework, replacing the 2017 Regulations on Import and Export Duties. The new law aims to standardize customs duty collection and payment, promote foreign trade, and support high-quality development. It introduces a comprehensive framework, including duty items, rates, calculation methods, and tax incentives. The law also emphasizes compliance and enhanced roles for customs authorities, aiming for clarity and consistency in duty application, thus impacting international trade and customs administration in China.

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Exploring Hong Kong’s Patent Box Regime

On July 5th, 2024, the Hong Kong SAR Government enacted the Inland Revenue (Amendment) (Tax Concessions for Intellectual Property Income) Ordinance 2024, introducing a “patent box” tax incentive regime (“Patent Box Regime”). This regime offers tax concessions on qualifying profits derived from eligible intellectual property (IP) developed through research and development (R&D) activities within Hong Kong. By implementing this regime, Hong Kong seeks to stimulate the growth of IP trading, encourage companies to engage in IP-related activities, and solidify its position as a leading regional hub for intellectual property.

This article delves into the intricacies of the Patent Box Regime, highlighting its objectives, key features, eligibility criteria, and implications for businesses.

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Hong Kong Introduces New Capital Investment Entrant Scheme

Hong Kong’s new Capital Investment Entrant Scheme (New CIES) is set to attract high-net-worth investors, reinforcing the city’s status as a global financial hub. Launched on March 1, 2024, the scheme enables international and Chinese investors to gain residency in Hong Kong by investing in specific asset classes. To help you leverage the New CIES, this article provides an overview of the eligibility criteria, the range of investment assets that fall within scope, and details regarding the application procedure.

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Major Revisions to China’s Company Law: Key Amendments You Should Know

Following its review of multiple draft amendment versions over the past three years, the Standing Committee of the National People’s Congress of China finally enacted the revised Company Law on 29 December 2023. It is set to take effect on 1 July 2024. Coincidentally, the amendment was passed on the 30th anniversary of the initial enactment of the Company Law, which was on 29 December 1993. This article provides a detailed exploration of the key changes brought about by the latest revision to China’s Company Law. Additionally, it examines the potential implications for businesses operating in China.

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Phase 3 of Hong Kong’s New Inspection Regime Comes into Operation

On 27 December 2023, Hong Kong implemented the third phase of the New Inspection Regime under the Companies Ordinance (Cap. 622), allowing directors, company secretaries, and other relevant parties to request the withholding of their personal information from public view. The regime, introduced in three phases between August 2021 and December 2023, addresses concerns about safeguarding sensitive personal data in public registers. While maintaining transparency, it shields information like residential addresses and identification numbers of company officers from public access. The full article provides an overview of all phases and details the application process for protecting personal information.

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Hong Kong’s Foreign-Sourced Income Exemption Regime: New Draft Legislation Expands Scope to Include Asset Disposal Gains

On 13 October 2023, the Inland Revenue (Amendment) (Taxation on Foreign-sourced Disposal Gains) Bill 2023 was gazetted to further refine the foreign-sourced income exemption (“FSIE”) regime, expanding the scope of disposal gains to include gains derived from the disposal of all kinds of assets, including movable and immovable property. Subject to the approval by the Legislative Council, the refined FSIE regime is expected to come into force on 1 January 2024.

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Hong Kong Introduces Bill on Tax Certainty Enhancement Scheme for Onshore Equity Disposal Gains

On 20 October 2023, the Inland Revenue (Amendment) (Disposal Gain by Holder of Qualifying Equity Interests) Bill 2023 (“Bill”) was published. It was introduced in Hong Kong’s Legislative Council on 1 November. The Bill introduces a tax certainty enhancement scheme for onshore equity disposal gains. This article below will delve into the key features of the new tax certainty enhancement scheme as detailed in the Bill.  

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Hong Kong: Abolition of the Mandatory Provident Fund Offsetting Mechanism

Hong Kong: Abolition of the Mandatory Provident Fund Offsetting Mechanism

On 9 June 2022, Hong Kong’s Legislative Council passed the Employment and Retirement Schemes Legislation (Offsetting Arrangement) (Amendment) Bill (“the Amendment Bill”) to abolish the MPF offsetting mechanism. This article provides a summary of the main legislative changes and details the government’s proposed measures to tide over businesses during the transition period.

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Hong Kong Companies (Amendment) Ordinance 2023: Virtual and Hybrid General Meetings

Gazetted on 27 January 2023, the Companies (Amendment) Ordinance 2023 (“Amendment Ordinance”) will come into force on 28 April 2023, which provides for the holding of completely virtual or hybrid general meetings by companies incorporated in Hong Kong. This article addresses the key changes as set out in the Amendment Ordinance and provides some practical tips to help you navigate certain important aspects relating to its implementation. Learn about the background and key amendments to the ordinance, as well as practical issues to consider. Discover how CW can assist you in navigating these changes.

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