Foreigners Can "Enjoy" Social Security Benefits in China, but Higher Cost to Send Expats to China

The Standing Committee of the National People's Congress passed China's Social Security Law which has taken effect on July 1 2011. It is the first comprehensive law that focuses on the PRC social security matters. The law not only provides new administrative measures to improve China's social security system but also provides guidance on foreign nationals' participation in China's social security system. Under the new law, foreign employees and their employers need to pay social security, foreign nationals will receive medical, retirement, unemployment and maternity benefits similar to those for Chinese citizens.  

This new law has caused a stir among foreigners working in China. Despite of the concerns and disagreement from foreigners and their employers, the Chinese government has moved quickly to implement the new law.

There are many unanswered questions.  For instances, a foreigner who loses the job in China instantly loses the right to live in the country, how would that person benefit from the unemployment insurance he or she has been paying for?  For those self-employed foreign individuals in China without formal employment relationships with Chinese legal entities, would the law apply to these foreign nationals?  For foreign individuals with employment in their home country but assigned to work in China (e.g. a US expat working in China), it may create duplication in social security contributions since those employees normally would need to make social security contributions in their home countries. Would there be a special waiver for situations like this?  Most foreigners work in China for less than five years, will the employer's and employee's contributions be refundable when the foreign national departs China?

From now on, multinational companies doing business China as well as Chinese companies directly hire foreign nationals should factor the additional cost into the total employment cost when they are to hire any foreign individuals.

What Does RMB Internationalization Mean to the US multinationals?

Through most of its history, the value of the RMB was pegged to the U.S. dollar. As China pursued its gradual transition from central planning to a free market economy, and increased its participation in foreign trade, the RMB was devalued to increase the competitiveness of Chinese industry.

Since 2005, the RMB exchange rate has been allowed to float in a narrow margin around a fixed base rate determined with reference to a basket of world currencies. The Chinese government has announced that it will gradually increase the flexibility of the exchange rate. China has initiated various pilot projects to "internationalize" the RMB in the hope that it will become a reserve currency the long term.

The big first step is to allow banks and companies to settle payments with cross-border trading partners in RMB. Simply, a US multinational can now pay a Chinese supplier in RMB, and a qualified Chinese buyer can pay a US supplier in RMB. 

All of this is great news for the US multinationals. For US companies selling in China, if their customers have the necessary clearance to get their onshore RMB payments converted to offshore RMB, US treasurers will have a lot more flexibility with the cash they generated and have better control of the exposure to RMB-to-US dollar appreciation.  

Also many US companies that have struggled to benefit from the excess RMB they have piled up on the mainland will benefit from the RMB internationalization.  Known as a long-standing problem, due to the Chinese government regulations, it has been very difficult to get money out of China. Now these RMB-rich US companies will be able to use their excess RMB in certain cross-border trading.  Will US companies convert their offshore RMB in HK to US dollars and sent it back to the US headquarter?  Some companies in need of cash in the US might do that. But I think, in most cases, US companies would have little motivation to do so considering 1) the heavy US tax on profit repatriation; 2) the potential appreciation of RMB.  A sophisticated treasurer would have the opportunity to use a base of RMB deposit to set up a multinational notional pooling, which can recycle excess RMB into a US dollar pool to fund the rest of the company's operation without the balance sheet cost.

Experts say that RMB could be fully convertible by 2015.  The Chinese government definitely has made the decision to head into that direction, but it is dealing with the conversion process with great caution, we shall stay tuned on further developments.  I look forward to sharing more on this topic with my blog readers in the near future.

The Long-waited China VAT Reform

Value Added Tax ("VAT") reform in China has been the topic of discussion for several years. The existing indirect tax system makes a distinction between the supply of goods and the provision of certain services. VAT is applied at the standard rate of 17% to the sale of goods in China, the provision of repair, processing and replacement services, and the importation of goods into China. It taxes the ’value added’ by allowing business taxpayers a credit for the tax embedded throughout the supply chain.  On the other hand, Business Tax ("BT") is levied on services and transfer of intangibles and real property. Rates range from 3% to 5 % (with a maximum 20% rate applying to the entertainment industry).  BT incurred by suppliers in the supply chain is not recoverable for the taxpayers. In some cases both VAT and BT may be levied, which would create double tax situations.

The Chinese State Council announced that it will launch the much-anticipated pilot VAT reform program on January 1 2012. The grogram initially will apply to transportation and "modern service" industries in Shanghai. The government is expected to gradually expand the grogram across the nation when conditions permit.  The aim of the pilot program is to resolve the double taxation issues under the prevailing system and to foster the development of specified modern service industries by gradually transitioning these industries from liability to Business Tax to liability to VAT. If implemented nationwide, the reform could lead to a drop in tax collection of about RMB400 billion a year.  But the policy could help business to grow and lead to overall tax revenue increase in the long run.

International Corporate Tax School in Kuala Lumpur

I am back in Kuala Lumpur again, this time for the Deloitte International Corporate Tax School, a four-day in-depth training on OECD and UN tax treaty model. In the world of practicing international tax, a deep understanding of the treaties is extremely important. We have a good mix of people from various Deloitte offices, including Thailand, Indonesia, Malaysia, Vietnam, India, Singapore, Brunei, and Hong Kong. It was an excellent week of learning.

Apart from the training, I managed to get out to explore the city by KL railway and shop at Central Market where I bought Malaysian fabrics like songket and batik.

Deloitte Reveals Asia Pacific’s 500 Fastest Growing Technology Firms for 2011

The tenth annual Technology Fast 500 Asia Pacific Awards ceremony was held at the Ritz Carlton Hotel on Thursday, December 1, 2011, attended by 250 C-level executives and senior management from winning companies across Asia Pacific including Australia, Mainland China, Hong Kong, Macau, India, Japan, Malaysia, New Zealand, Singapore, South Korea, Taiwan and Thailand.  As a member of Deloitte AP ICE team, I had the pleasure to attend the award ceremony.

This year’s fastest growing company, The Store Corporation (Yihaodian) from China, grew an incredible 19,218 percent over three years. Yihaodian is a fast-growing e-Commerce company in China that provides customers with a one-stop shopping platform where customers can buy all their essential daily items at competitive prices. Since its launch, Yihaodian has achieved a significant position in China’s online grocery sales market and currently has over 4,000 employees and five major distribution networks in Shanghai, Beijing, Guangzhou, Wuhan and Chengdu, serving its rapidly expanding customer base. Gang Yu, Chairman and Chief Executive Officer of Yihaodian, said: “Our core competitiveness lies in our strong supply chain management, which enables us to sell fast-moving consumer goods. We have established an integrated shopping platform from the beginning, providing our customers with one-stop shopping convenience and the best customer service experience.” He also said that the convergence in the industry will bring exciting new opportunities, such as social community shopping, mobile e-commerce, micro-blog sales, e-merchandising and cloud computing."

This year, the average revenue over three years across the Top 500 ranked firms increased by 476%, which is more than the 374% increase in 2010.  The Top 5 firms realized an average revenue growth of 9,910%, which was just shy of the 10,338% growth last year.

It was quite amazing and inspiring to meet entrepreneurs with innovative minds from various industries including Semiconductor, Electronics, Bio-tech, Internet, Telecommunication and Networking.  I was the Deloitte representative sitting at a table with executives from winning companies, as one of my roles at Deloitte AP ICE is advising Asia Pacific based companies when they expand overseas, I was excited to see many of these companies are not only growing fast and furious in the Asia Pacific region, but also expanding to North America and Europe in a fast pace!

Speaking to the North America Environmental Technology Mission to Hong Kong

I recently gave a speech on "Hong Kong’s tax advantage for mainland enterprises’ outbound investment" during the Briefing on Hong Kong Platform for mainland outbound investment. In recently years, there is a growing trend of Chinese mainland companies actively seeking overseas investment and cooperation opportunities. Hong Kong Trade Development Council put together a mission for North American companies to visit Hong Kong, Guangzhou, Nanjing and Wuxi from October 28 to November 3, 2011. More than 15 environmental technology companies from North America visited Hong Kong and the mainland to familiarize with the industry in this region and establish contacts with potential investors on the mainland.

Three decades ago, China started to emerge as a leading destination for global sourcing of low-cost goods.  Today, the primary motive of most global investment in China has been about capturing market share in fast-growing urban consumers and a global source of capital. FDI from China alone has surged from roughly US$2.7 billion in 2002 to over US$59 billion in 2010. China’s next five-year plan is likely to call for more than $450 billion in investment to protect the environment. Wastewater treatment companies will be hoping to reap the benefits. China’s investment in environmental protection which includes wastewater treatment and pollution control has reached more than $224 billion during the current 11th five-year plan (2006-2010). With a year to go in the current cycle, the original budget of $219 billion is likely to blow out even further.

More than 50% of the Mainland ODI was invested in Hong Kong or through Hong Kong to overseas. With world class intermediaries and services providers, Hong Kong’s role is to facilitate the communication and mutual understanding between Chinese mainland and overseas companies. Overseas companies could be benefited from services Hong Kong companies offer in facilitating cross border acquisitions and investments activities, including financing, due diligence, business valuation, feasibility studies, risk assessments and other services. And Hong Kong is actively expanding its treaty network. As of now, it has about 21 treaties, 13 of which were signed in 2010.

I see more and more outbound investment from China to the US and other parts of the world in the coming years, and Hong Kong will continue to play an important role in supporting mainland enterprises' global expansion plans.

Women of Influence Awards

The American Chamber of Commerce in Hong Kong and the South China Morning Post organized the eighth Women of Influence Program.  I had the pleasure to join the special half-day conference and awards ceremony to recognize some of Hong Kong’s most outstanding women and their significant impact. This year’s conference was about the importance of connecting, collaborating and inspiring. It highlighted insights, strategies and advice from women who have successfully reached the pinnacle of their careers.

The event was phenomenal! I met successful women who run multinational corporations, women who are great academic achievers, women who help other women and children who live in violent environment. I also met men who are great supporters of diversity and inclusion. It was great to listen to their life experiences and learn from their success stories. On the way back home, I felt so motivated and inspired!  I am going to become the architect of my own career!

AmCham / SCMP Women of Influence Conference & Awards 2011 – Connecting, Collaborating and Inspiring

Confirmed Speakers and Moderators

• Saori Dubourg, President, Asia Pacific, BASF
• Umran Beba, President, Asia Pacific Region, PepsiCo Inc.
• Clare Allum, Asia Pacific Learning & Development Leader, Ernst & Young Tax Services Ltd.
• Shanthi Flynn, VP-HR, Walmart Asia (Moderator)
• Pooja Grover, Managing Director, Investment Banking Division, Goldman Sachs (Asia) LLC
• Karen Koh, Founder & Principal, Intermedia
• Shalini Mahtani, MBE, Founder & Advisor to the Board, Community Business (Moderator)
• Kay McArdle, Board Chair, The Women's Foundation (Moderator)
• Melissa Mowbray-d’Arbela, CEO, Filligent Limited
• Susan Reingold, SVP, Corporate Development, Asia Pacific, Grey Group
• Christine Sim, General Manager, Links Recruitment Singapore
• Lizette Smook, Founder & CEO, InnovAsians Ltd.
• Prof. Agnes Tiwari, Head, School of Nursing, The University of Hong Kong
• Caroline Wong, Executive Director, Corporate Communications, Morgan Stanley

Program

Opening Keynote: Saori Dubourg, President, Asia Pacific, BASF

Luncheon Keynote: Umran Beba, President, Asia Pacific Region,PepsiCo Inc.

Three Concurrent Breakout Sessions:

A) Personal Stories: Becoming the Architect of your Career

Karen Koh, Founder & Principal, Intermedia

Melissa Mowbray-d’Arbela, CEO, Filligent Limited

Prof. Agnes Tiwari, Head, School of Nursing, The University of Hong Kong

Kay McArdle, Board Chair, The Women's Foundation (Moderator)

B) Strategies for Success: Making Connections with Mentors, Sponsors and Networks

Pooja Grover, Managing Director, Investment Banking Division, Goldman Sachs (Asia) LLC

Christine Sim, General Manager, Links Recruitment Singapore

Lizette Smook, Founder & CEO, InnovAsians Ltd.

Shanthi Flynn, VP-HR, Walmart Asia (Moderator)

C) Pursuing your Passions: Getting the Most out of Life

Clare Allum, Asia Pacific Learning & Development Leader, Ernst & Young Tax Services Ltd.

Susan Reingold, SVP, Corporate Development, Asia Pacific, Grey Group

Caroline Wong, Executive Director, Corporate Communications, Morgan Stanley

Shalini Mahtani, MBE, Founder & Advisor to the Board,Community Business (Moderator)

Presentation of the 2011 Women of Influence Awards

Entrepreneur of the Year, Professional of the Year, Master in Charity, Arts or Culture, Champion for the Advancement of Women, and Best Company for Women.

Hanoi, Vietnam

I always wanted to visit Vietnam.  I managed to find time to go to Hanoi for a vacation this year.  Hanoi, the capital of Vietnam and the country's second largest city, is a fascinating blend of East and West.  While there are significant Chinese influences, many of the buildings have French design from its colonial past.

It was right before Tet, the Lunar New Year in Vietnam. Tet is celebrated on the same day as Chinese New Year.  Vietnamese people were busy preparing for the most important festival of the year…buying new clothes and shoes, making special cuisines for the holiday, cleaning the house, planting special plants.  It was great to feel the tradition and culture of the city.

I visited the Ho Chi Minh Mausoleum, it reminded me of the Ma Zedong Mausoleum in Beijing…no talking, must walk within the lines, no shorts, no photos inside, and etc.  The Temple of Literature is a very nice temple to visit. It was founded in 1070 and established as the country's first university six years later. The courtyard features numerous stone tablets, each mounted on the back of a tortoise, with the names of graduates. All the characters in the temple are in Chinese!

What I like the most is the local food. My college friend, who is Vietnamese and works at the Bank of Vietnam, showed us some really nice local cooking.  Vietnamese cuisine uses a diverse range of herbs like lemongrass, mint, long coriander and Thai basil leaves.  As distinct as Vietnamese cuisine is, it has been influenced by several sources, like Chinese, French, India, and Thailand, to name a few.  I greatly enjoyed the freshness of the ingredients as well as the healthy eating style.

2011 Deloitte China National Tax Conference

I attended the 2011 Deloitte China National Tax Conference which was held in Shanghai, China this September. I was honored to receive the Strategic Value Award and the As One Behaviour Award from the China firm.

  

It was such a pleasure traveling back to Shanghai, the city is the financial center of China, and I greatly enjoyed my time working there from 2009 to 2010 when I was seconded by Deloitte US firm. It was good to return and visit old friends.

Shanghai is an interesting mix of old and new, a walk along the Bund is great insight into this with buildings built over 100 years ago and across the river there are modern skyscrapers built very recently, often right in front of your eyes.

The Conference was great and the city is amazing, I always look forward to traveling back to Shanghai. It is such a dynamic city!

AmCham Hong Kong Speech

With China moving up in the world stage, Chinese state owned enterprises and private companies are investing overseas.  Foreign Direct Investment ("FDI") from China alone has surged from roughly US$2.7 billion in 2002 to over US$59 billion in 2010. US remains one of the most attractive countries to invest in for the Chinese.

Deloitte and AmCham Hong Kong co-organized series of "Invest In the US" seminars. I spoke at the seminars on overall of US tax systems, M&A in the US, investment structuring, financing, and etc.  The seminars were great, we had a full room with people who are either already invest in US or are there to lean about doing business in the US. I look forward to speaking at the next seminar.

Kuala Lumpur, Malaysia

I attended the Deloitte South China Tax Partner and Manager Retreat held in Kuala Lumpur, Malaysia  in July 2011. The conference is a terrific opportunity for us to review our plans, share some of the key initiatives of the firm and enjoy some team building activities together.

It was a good experience to travel to Kuala Lumpur, the city is the cultural, financial and economic center of Malaysia, and it is home to the tallest twin buildings in the world, the Petronas Twin Towers. The city is an interesting mix of Malays, Chinese and Indians which have produced a great variety of foods, one of my favorites is Nasi goreng.

The Conference was informative and the city is interesting, I look forward to traveling back to Malaysia in the future.

Deloitte China 2010 Tax Conference

I attended the Deloitte China Tax Conference held in Shenzhen in late 2010. It was a phenomenal event that summarized the past year we had as a firm and outlook for the new year.  Our new motto - AS ONE TO BE NUMBER ONE.

Multi-cultural Team Building at AP ICE

Around-The-World Dinners

I am a Manager at Deloitte AP ICE US Desk in Hong Kong, AP ICE stands for the Asia Pacific International Core of Excellence which was established in June 2010 to provide international tax consulting services to Asia Pacific based companies investing abroad as well as multinational companies investing in Asia Pacific.   

I work in a group comprised of senior professionals from Belgium, Germany, France, Luxembourg, Ireland, the Netherlands, UK, Canada, US, Singapore, Japan, Korea, Taiwan, China, and India – as you can see it is a mini United Nations.

We all travel for work quite often, but every month, we schedule a team meeting in Hong Kong. It is a group strategy meeting followed by a dinner hosted by one of the country representatives from  AP ICE. I find that these meetings are beneficial because they give our team time to refocus on our core strategies and talk about what has worked for us as well as areas to improve.

And the fact that each month is hosted by different country making up our team gives us a chance to learn something more about their culture, while relaxing over a group dinner.  Over the past year, I have had dinners hosted by Japan, France, Luxembourg, India, Germany, US, Canada, Korea and the UK.

It even helps overcome some previous myths – for example I recently attended the United Kingdom’s dinner and the Deloitte partner representing the UK explained the different dishes to us and I actually enjoyed UK foods including the BLOOD PUDDING!!!

These dinners are great team building events for our multi-culture environment!

I spoke at Sun Yat-Sen University - August 2010

I spoke at Sun Yat-Sen University, the audience was the Chongqing Tax Bureau officials. The subject is US tax system with a focus on rules for non-residents.

I was excited to re-visit Sun Yat-Sen University, one of the top universities in China.  Last time I went there was more than 10 years ago visiting a friend who attended the medical school there. I walked around in the campus after my speech, it was a nice feeling.

I spoke at the Guangzhou tax bureau training course - August 2010

I had the pleasure to be invited to speak at a Guangzhou tax bureau training course, the topic was non-resident taxation in the USA.  As the Chinese taxation system develops more toward the international standard, the Chinese are interested to learn how western countries deal with certain areas, such as taxation on non-residents. The US has various regulations and case law in this area, I was pleased to share my knowledge of the US tax regulations, view and experience with the Chinese tax bureau officials. During the training course a senior official from the central government tax bureau in Beijing also shared his view on the focus of certain developments in China. After my presentation, my colleagues presented how non-resident taxation works in Germany, UK and France.  The course was not only a great teaching experience, but also a good learning and networking experience for me.

2010 Tax Executives Institute US Tax Conference

I taught at the 2010 Tax Executives Institute US Tax Conference in Singapore last September. This is an annual conference that convers key features of the US tax system, beginning from the introductory level to more advanced concepts in US taxation (program intro and speakers bio).  It was a great experence, the attendees includes tax executives from US mutilnational companies (i.e., Nike, Morgan Stanley, Corning, UPS) as well as Asia Pacific based companies investing in the US.

AmCham Insight Magazine

I co-published an article "Recent Developments for Non-residents Driving Income in China" in the AmCham Insights Magazine (Link to Insight Magazine).

The Enterprise Income Tax (EIT) law, which came into effect on January 1, 2008, included many significant changes for foreign investors.  These changes affect many non-residents engaged in business activities in China, whether those activities are in the form of cross-border services, exchanges of tangible goods, transfers of intangible property rights or financial assets, sourcing activities, or investments in China enterprises that process goods or perform other business functions.  If you are interested to get a copy of the article, contact me.

Investing in the U.S.!

On November 19, 2010, I had the pleasure to speak at the Investment and Business Coorperation in America seminar in Wuhan. The seminar was organized by US China Business Counsil (USCBS) and China Council for the Promotion of International Trade (CCPIT).  There were about 100 attendees from Chinese companies currently doing business in the US or interested in investing in the US in the near future. I met with the vice mayor of Wuhan, he is very supportive of the Chinese companies "going out" strategy. 

I spoke about various topics including the current merger & acquisition and green field investment environment in the US as well as what are the important factors for a successful M&A in the US; US tax considerations for investment in the US; and effective investment structure planning. The presentation was conducted in Chinese, below are some media coverage about this event.





Wuhan Government
Xinhua News
People’s Daily
China Daily
Tengxun News