China looks to bolster tax certainty and enforcement

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

China looks to bolster tax certainty and enforcement

Sponsored by

sponsored-firms-kpmg.png
chinese-yuan-4515186.png

Lewis Lu of KPMG China reviews the recent efforts to enhance tax certainty and enforcement effectiveness

China has recently been enhancing aspects of its tax system with the aim of fostering a robust business environment for domestic enterprises and foreign investors.

Inauguration of China’s first specialised tax tribunal in Shanghai

The first specialised tax tribunal in China has been inaugurated in Shanghai, housed within the Shanghai Railway Transportation Court. This dedicated tribunal marks a significant advancement in the country's tax judicial system.

The tribunal will handle first-instance administrative cases involving tax authorities as defendants, contributing to the improvement of tax dispute resolution mechanisms and the protection of taxpayers' rights. The first public hearing on a tax administrative case dealt with the transfer of auctioned real estate and was held by the tribunal on March 29 2024.

The establishment of the specialised tax tribunal reflects Shanghai's commitment to judicial reform and the creation of a more efficient and transparent legal environment for businesses.

Shanghai tax authority issues rulings in two complex tax matters

At the national level, China does not have a formal tax ruling procedure, aside from the advance pricing agreement procedure for transfer pricing (TP) cases. That said, local tax authorities have been piloting such arrangements. Following the Shanghai tax authority’s announcement on the enhancement of the advance tax ruling system in late December 2023, the authority recently issued tax ruling opinions for two companies on planned transactions:

  • Company A sought a tax ruling regarding the application of special tax treatment –i.e., corporate income tax relief stipulated under Circular 59 (2009) – for a planned corporate restructuring. Company A transferred equity in company B to company C and received equity in company C as consideration. There was some uncertainty as to whether the transaction fully satisfied the Circular 59 conditions, so the tax bureau issued a ruling to confirm this.

  • Company D seeks VAT and land appreciation tax exemptions for the disposal of its land use rights, which are set to be acquired by the government for reserve plan purposes (this would involve the annulment of company D’s land use rights). Although the government has not yet annulled the respective land use rights, the Shanghai tax bureau was willing to issue a ruling indicating that the exemptions would be available if company D obtains an official document confirming the legal annulment of the land use rights by the government before the tax obligation arises.

In parallel, an innovative TP pre-assessment service was announced by the Shenzhen tax authority at the end of 2023. This was not previously a feature of China's TP administrative practices. The pre-assessment service is similar to an advance ruling – a taxpayer can submit details of its TP arrangements to the tax authority and it will be informed how the tax authority would ‘risk rate’ its arrangement. Where it is considered low risk, the likelihood of audit is low. While some possibility of follow-up remains, this provides Shenzhen-based taxpayers with an efficient way to obtain TP certainty on cross-border transactions. This is particularly the case for those that do not meet the requirements to apply for an advance pricing agreement. It is also much more rapid.

Judicial guidance on tax-related criminal offences

The Supreme People's Court and Supreme People's Procuratorate have recently released guidance on applying the Criminal Law to various tax offences, effective from March 20 2024. The guidance clarifies the terms, methods, and penalties for tax offences, such as underpayment, tax evasion, and fraudulent tax refunds, including the role of intermediaries. Offences can result in imprisonment ranging from three to seven years, accompanied by fines, depending on the severity. For fraudulent export tax refunds, sentences can extend to 10 years.

Notably, the guidance explicitly provides that the use of ‘yin yang contracts’ is to be regarded as a method of tax evasion. These contracts have been a focus of tax authority investigations in recent years, particularly in the entertainment sector. They involve the use of dual contracts in relation to a particular service or transaction, one of which was declared for tax purposes and the other was not. Tax authorities have identified their usage in relation to service contracts, real estate transactions, and equity transfers. This is the first time this method has been explicitly highlighted as a tax evasion mechanism from a judicial perspective.

more across site & shared bottom lb ros

More from across our site

An Administrative Review Tribunal ruling last month in Australia v Alcoa represents a 'concerning trend' for the tax authority, one expert tells ITR
A recent decision underlines that Indian courts are more willing to look beyond just legal compliance and examine whether foreign investment structures have real business substance
Following his Liberal Party’s election victory, one source expects Mark Carney to follow the international consensus on pillar two, as experts assess the new administration
A German economics professor was reportedly ‘irritated’ by how the Finnish ministry of finance used his data
Countries that care about the fair taxation of tech multinationals and equitable global distribution of wealth should back the UN’s tax framework, writes economist Abdelmalek Riad
The cuts disproportionately affected staff in certain positions, the report also found; in other news, MHA announced the €24m acquisition of Baker Tilly South East Europe
The plan aims to improve the efficiency, transparency, and effectiveness of direct tax administration in India
Meanwhile, South Africa’s finance minister has accepted a court decision on suspending a VAT increase and US President Donald Trump mulls a 100% tariff on foreign films
Jaime Carey speaks about the benefits of his tax background, DEI values, the use of AI for a smarter legal practice, and other priorities that will define his presidency
Historically low levels of attrition over consecutive years made a ‘difficult decision’ necessary, PwC has reportedly said
Gift this article