China
Australia cuts off channel for China’s rich to shift assets offshore
Australia has revoked its “golden visa” immigration program targeted at attracting wealthy investors, a move that marks one fewer option for China’s rich to escape with their assets from an increasingly difficult political and economic climate at home.
Australian media reported this week that the Labor government announced in December plans to scrap the program at the end of last year because it could not bring economic benefits to the country. Also, members of the Australian Values Alliance – a group founded by Australians of Chinese heritage – pointed out that wealthy Chinese people have infiltrated politics.
The program will be replaced by a new immigration plan to provide more visas for skilled immigrants.
“It has been obvious for years that this visa is not delivering what our country and economy needs,” said Australian Home Affairs Minister Clare O’Neil in a statement Monday.
“The investor visa is one of many aspects of the system which are reforming to create a system which delivers for our country,” she added.
The Business Innovation and Investment Program (BIIP), commonly known as the “golden visa”, was launched in 2012. Unlike other visa programs, it did not require foreign immigrants to learn or master English, nor did it have age restrictions. It was only mandatory for foreign citizens to invest up to A$5 million (US$3.3 million) to obtain residence for five years.
Research by the Australian government has, however, shown that the average economic value contributed by the immigrants in this program to Australia in their lifetime is $600,000, which is just slightly more than a third of the $1.6 million generated by Australian citizens.
According to the Australian Department of Home Affairs, more than 100,000 overseas immigrants have used the program to obtain residency in the country since 2012, with 85% of successful applicants coming from China. Currently, about 26,000 people have successfully obtained permanent residence in Australia.
The visa subclass was even given the number “888”, as eight stands for prosperity and is auspicious in Chinese numerology.
China’s rich – tools of CCP infiltration
Over the years, critics have argued that the plan created not just a fast path for China’s wealthy to immigrate but had served as a conduit for corrupt officials in authoritarian countries to “move illicit funds.”
Australian commentator Huanghu Jing told Radio Free Asia Cantonese that Chinese tycoon Huang Xiangmo, who was permanently banned from entering Australia for political donations in 2019, was a “golden visa” immigrant. The biggest problem with these wealthy Chinese immigrants, therefore, is not their inability to create greater economic value, but that they have become tools for the Chinese Communist Party’s (CCP) infiltration, she said.
“Australia eventually discovered it didn’t earn much [from the program], but lost more, giving the CCP considerable penetration opportunities. A substantial number of these investment immigrants were pushed out and packaged by the CCP for all-round infiltration. Huang Xiangmo’s political donation is a typical example.”
Huangfu Jing believes that the CCP, faced with economic difficulties, has nationalized assets of China’s rich through what it labeled as “public-private partnership” schemes. As a result, she said wealthy Chinese, stripped of their wealth, will certainly flee China but at the same time, Western countries are increasingly aware of the risks and shutting their doors early.
Former Chinese diplomat Chen Yonglin claimed that wealthy Chinese immigrants who landed in Australia also brought in a legion of unproductive people with no economic contribution to the country. He said they cause social havoc with bad Chinese cultural behavior and habits, including bribery and corruption that influences politics.
Still, Chen believes that the door should remain open for these affluent affluent businessmen.
“Moving their money out will hollow out China’s economy and prompt social change; there’s no downside, in fact only benefits,” Chen said.
Apart from Australia’s “golden visa”, the “golden passport and visa” of some European Union countries are also popular among China’s rich. Countries like Malta, Cyprus and Bulgaria have issued “golden passports” to foreign investors, while Greece and Portugal granted “golden visas,” at investment prices ranging €1 million (US$1 million) to €5 million.
As early as January 2019, the European Commission warned countries offering “golden visas” to foreign investors that their schemes may help organized crime groups infiltrate the EU and increase money laundering, corruption and tax evasion and other risks.
In February 2023, Ireland announced the closure of the “golden visa” program. Portugal followed suit and stopped a similar program in March of that year.
Translated by RFA Staff. Edited by Mike Firn and Taejun Kang.
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China
China Provides Tax Incentives on Special Equipment for Green and Digital Development
China has introduced a new tax incentive for companies investing in digital and smart upgrades of special equipment to encourage environmental protection and safe production. Companies can enjoy a 10 percent deduction from their corporate income tax payable. Eligibility and requirements are outlined by the Ministry of Finance and State Tax Administration.
A new China tax incentive aims to encourage companies to invest in digital and smart upgrades of special equipment. Companies upgrading certain equipment that aids environmental protection and safe production can enjoy a deduction of the investment at a rate of 10 percent from their corporate income tax payable. We explain the requirements of the new tax incentive.
China’s Ministry of Finance (MOF) and State Tax Administration (STA) have issued a new preferential corporate income tax (CIT) incentive for companies investing in digital and intelligent transformations of certain types of equipment. To be eligible for the incentive, companies must invest in the digital and intelligent transformation of equipment related to energy and water conservation, environmental protection, and safe production.
The new tax incentive aligns with a State Council Action Plan, released in March 2024, which aims to accelerate the renewal of large-scale equipment and consumer goods, promoting high-quality development and driving investment and consumption for long-term benefits.
If the annual CIT payable is insufficient for the offset, it can be carried forward to future years for up to five years.
The CIT payable refers to the balance after multiplying the annual taxable income by the applicable tax rate and deducting the tax reductions and exemptions according to China’s CIT Law and relevant preferential policies.
Note that companies enjoying the tax incentives must use the transformed equipment themselves. If the equipment is transferred or leased within five tax years after the transformation is completed, the incentives must stop from the month the equipment is no longer in use, and the previously offset CIT must be repaid.
The “special equipment” eligible for the preferential tax treatment covers equipment purchased and used by companies listed in the Catalog of Special Equipment for Safe Production for Corporate Income Tax Incentives (2018 Edition) and the Catalog of Special Equipment for Energy Saving, Water Conservation, and Environmental Protection for Corporate Income Tax Incentives (2017 Edition).
This article is republished from China Briefing. Read the rest of the original article.
China Briefing is written and produced by Dezan Shira & Associates. The practice assists foreign investors into China and has done since 1992 through offices in Beijing, Tianjin, Dalian, Qingdao, Shanghai, Hangzhou, Ningbo, Suzhou, Guangzhou, Dongguan, Zhongshan, Shenzhen, and Hong Kong. Please contact the firm for assistance in China at china@dezshira.com.
China
Revealing the Encouraged Industries of Hainan in 2024: Unlocking Opportunities
The 2024 Hainan Encouraged Catalogue, issued by the NDRC, MOF, and STA, aims to boost industries in the Hainan Free Trade Port. It prioritizes sectors like tourism, modern services, and high technologies, offering incentives for foreign investment and market access expansion since 2020. The Catalogue includes 176 entries across 14 categories, with 33 new additions focusing on cultural tourism, new energy, medicine and health, aviation, aerospace, and environmental protection.
The National Development and Reform Commission (NDRC), in collaboration with the Ministry of Finance (MOF) and the State Taxation Administration (STA), has issued the Catalogue of Industries Encouraged to Develop in Hainan Free Trade Port (2024 Version), hereinafter referred to as the “2024 Hainan Encouraged Catalogue.” The updated Catalogue took effect on March 1, 2024, replacing the previous 2020 Edition.
Beyond the industries already addressed in existing national catalogues, the new entries in the 2024 Hainan Encouraged Catalogue are based on practical implementation experiences and the specific needs within Hainan, prioritizing sectors such as tourism, modern services, and high technologies.
The Hainan FTP has been providing incentives to draw investors to invest and establish businesses in the region, especially foreign investment. Alongside a phased approach to opening the capital account and facilitating free capital movement, Hainan has significantly expanded market access for foreign enterprises since 2020, particularly in sectors such as telecommunications, tourism, and education.
The Hainan Encouraged Catalogue comprises two main sections:
Similar to the approach adopted by the western regions, foreign-invested enterprises (FIEs) should always implement their production or operations in accordance with the Catalogue of Encouraged Industries for Foreign Investment.
On top of the industries already addressed in existing national catalogues, the 2024 Hainan Encouraged Catalogue encompasses 14 distinct categories and a total of 176 entries especially encouraged in the region, including 33 new additions compared to the 2020 Edition. These new entries predominantly span cultural tourism, new energy, medicine and health, aviation and aerospace, and ecological and environmental protection, among others.
This article is republished from China Briefing. Read the rest of the original article.
China Briefing is written and produced by Dezan Shira & Associates. The practice assists foreign investors into China and has done since 1992 through offices in Beijing, Tianjin, Dalian, Qingdao, Shanghai, Hangzhou, Ningbo, Suzhou, Guangzhou, Dongguan, Zhongshan, Shenzhen, and Hong Kong. Please contact the firm for assistance in China at china@dezshira.com.
China
Key Guidelines for Companies in Compliance Audits for Personal Information Protection Standards
China’s standards authority has released draft standards for personal information protection compliance audits, potentially making them mandatory for companies in 2023. The audits will require companies to undergo annual or biennial checks based on the number of people’s information they handle. The draft standards outline the audit process and requirements, seeking public feedback until September 11, 2024.
China’s standards authority has released draft standards for conducting personal information protection compliance audits. Regular compliance audits to ensure compliance with personal information protection regulations may become a requirement for companies in China under draft measures released in 2023. We explain the audit processes and requirements proposed in the draft standards.
The Standardization Administration of China (SAC) has released a set of draft standards for conducting personal information (PI) protection compliance audits. Under draft measures released by the Cyberspace Administration of China (CAC) in August 2023, companies that process the PI of people in China are required to undergo regular compliance audits.
Specifically, companies that process the PI of over one million people must undergo a compliance audit at least once a year, while companies that process the PI of under one million people must carry out an audit at least once every two years.
While the draft measures stipulate the obligations of the auditing body and the audit scope, the draft standards outline the specific audit process, including evidence management and permissions of the audit organization, as well as the professional and ethical requirements of auditors.
The Secretariat of the National Cybersecurity Standardization Technical Committee is soliciting public feedback on the draft standards until September 11, 2024. Public comment on the draft measures released in August last year closed on September 2, 2023, but no updated document has yet been released.
The draft standards outline five stages of the PI protection compliance audit: audit preparation, implementation, reporting, problem rectification, and archiving management.
Auditors are required to accurately document identified security issues in the audit working papers, ensuring that the records are comprehensive, clear, and conclusive, reflecting the audit plan and its execution, as well as all relevant findings and recommendations.
This article is republished from China Briefing. Read the rest of the original article.
China Briefing is written and produced by Dezan Shira & Associates. The practice assists foreign investors into China and has done since 1992 through offices in Beijing, Tianjin, Dalian, Qingdao, Shanghai, Hangzhou, Ningbo, Suzhou, Guangzhou, Dongguan, Zhongshan, Shenzhen, and Hong Kong. Please contact the firm for assistance in China at china@dezshira.com.
- China Provides Tax Incentives on Special Equipment for Green and Digital Development
- Revealing the Encouraged Industries of Hainan in 2024: Unlocking Opportunities
- Key Guidelines for Companies in Compliance Audits for Personal Information Protection Standards
- A Comprehensive Guide to China’s Expanded 144-Hour Visa-Free Transit Policy at 37 Ports
- Regulatory Changes in China Aim to Boost Service Sector Growth in Six Cities
- Adhering to Updated Registered Capital Regulations in China’s Revised Company Law
