What are the Key Tax Issues to Consider When Foreign Investors Disposing of Investment in China?
July 24, 2023 | BY
Susan MokTax is a key consideration when divesting a foreign investment, with a number of implications for a company's bottom line. Daisy Duan, Wang Yan and Chen Xiaohong of King & Wood Mallesons highlight the main impacts when exiting a Chinese investment
Summary
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- There are a number of means by which a foreign investor can divest itself of a Chinese investment; each has different tax implications
- No matter the means chosen, tax aspects should be a particular consideration for foreign investors
- Key issues to take into account include ensuring fair market value prices are set, setting out a reasonable commercial purpose, and taking into account the cross-border position
- In the longer-term, an eye should be kept on compliance reviews by the authorities
There can come a time when, due to commercial arrangements, foreign investors may consider disposing of their investments or regrouping their investment resources in China. This could be by selling off properties, transferring shares/equities of Chinese enterprises directly or indirectly, divestment, or liquidating and deregistering the operational entities. Tax is one of the key factors to be assessed when making commercial decisions, and different tax considerations should be taken into account depending on the method of divestment.
Direct Equity Transfer by the Foreign Investor
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