Offshore Centres Among China's Largest Foreign Investors
by Mary Swire, Tax-News.com, Hong Kong
25 September 2007
Offshore financial centres including the British Virgin Islands and the Cayman
Islands remain a favoured route of investment into China, a new report has shown.
According to a report from China Daily, companies in Hong Kong injected the most
investment into China in the first eight months of the year, accounting
for US$14.1 billion of the US$41.95 billion total, followed by the British Virgin
Islands (US$9.91 billion), the Republic of Korea (US$2.46 billion), Japan (US$2.25
billion), Singapore (US$1.64 billion), the United States (US$1.63 billion),
the Cayman Islands (US$1.51 billion), the Samoan Islands (US$1.12 billion),
Taiwan (US$952 million), and Mauritius (US$753 million). These 10 territories
accounted for 86.55% of all foreign investment into China in the eight months
to the end of August 2007.
During this period, overseas investors established 24,848 new enterprises in
China, down 5.26% year-on-year. However, the value of foreign investment over
the same timeframe has increased by 12.8%. The number of new ventures backed
by US and European Union investors both fell in the first eight months, by 15%
and 7.65% respectively. While the value of investments from the US increased
marginally, by 0.77%, the amount invested from the EU dropped dramatically,
by 33.3%.
The reason that offshore jurisdictions figure so prominently in China's foreign
investment statistics is partly due China's tax structure for foreign and domestic
companies, which is due to be replaced on January 1, 2008. Currently, most foreign
invested companies pay a much lower rate of corporate tax than their domestic
counterparts because they qualify for various incentive schemes and deductions
unavailable to local companies. By establishing a subsidiary company offshore,
Chinese companies are therefore able to avail of these tax breaks, a process
known as 'round tripping'. This practice has inflated China's foreign direct
investment figures for years.
The Chinese government has been keen to eradicate incentives for domestic firms
to round-trip, and by next year, a long-awaited corporate tax reform will come
into force, which aims to unify the corporate tax rate paid by both classes of
company at a rate of 25%.
However, this new law may also hit foreign investors with its generalized anti-avoidance
provision, potentially catching income or capital flows to overseas investors. In addition, the
new rules aim to clarify corporate tax residence, which may cover firms whose executives
habitually spend time inside China.
The new corporate tax laws could also hit foreign
investors with holding companies in certain jurisdictions with higher rates
of withholding tax, and tax experts are advising foreign investors to structure
their investment companies in territories with favourable tax treaties with
China, such as Hong Kong.
A comprehensive report in our Intelligence Report series
looking at offshore and onshore corporate structures and their tax implications
is available in the Lowtax Library at http://www.lowtaxlibrary.com/asp/subs_reports.asp
and a description of the report can be seen at
http://www.lowtaxlibrary.com/asp/description_report7.asp
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