Legislation roundup: MRF tax, IP and residence permits

December 23, 2015 | BY

Katherine Jo

Income derived from the Mainland-Hong Kong Mutual Recognition of Funds will be taxed, the State Council will establish a License of Right system for patents and citizens can apply for residence permits after living in a city for 6 months

Tax

Ministry of Finance, State Administration of Taxation and China Securities Regulatory Commission Circular on Tax Policies Relevant to the Mainland-Hong Kong Mutual Recognition of Funds

财政部、国家税务总局、中国证券监督管理委员会关于内地与香港基金互认有关税收政策的通知

Income derived by mainland corporate investors on the price differential from the transfer of Hong Kong fund units traded through MRF shall be counted as part of their gross income and the same shall be subject to enterprise income tax in accordance with the law.

See the full translation.

Further reading

Circular on the Issue of Provisionally Exempting the Proceeds Derived in China by QFIIs and RQFIIs from the Transfer of Stocks and Other Such Equity Investment Assets from Enterprise Income Tax

Circular on Tax Policies Relevant to the Pilot Project for the Mechanisms to Provide Mutual Trading Access Between the Shanghai and Hong Kong Stock Markets

Intellectual Property

State Council, Several Opinions on Accelerating China's Development as an Intellectual Property Powerhouse under the New Situation

国务院关于新形势下加快知识产权强国建设的若干意见

The Opinions will consider the establishment of a License of Right system for patents and encourage more patentees to disclose licensed patents to the public. The upper limit on statutory damages for the infringement of intellectual property will also be increased.

Further reading

Anti-monopoly Committee of the State Council, Anti-monopoly Guidelines in Connection with the Abuse of Intellectual Property (Draft for Comments)

PRC Patent Law (3rd Revision)

Patent Law improves again

Implementing Rules for the PRC Patent Law (2nd Revision)

Social Policy

State Council, Tentative Regulations for Residence Permits

国务院居住证暂行条例

When a citizen leaves his/her place of permanent residence (hukou) and resides in another city for at least half a year, he/she may apply for a residence permit.

Further reading

Opinions on Further Promoting Reform of the Household Registration System

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