The event consists of 3 presentations. In the first part Mr. Christoph Koeppel, Of Counsel of Global Law Office will cover the revised laws for foreign-investment enterprises. Dr. Qisheng Yu, Transfer Pricing Partner of PwC will then talk about the implications of the new rules on Transfer Pricing Documentation and Related Party Transactions Reporting. The last part will be led by Mr. Thomas Granjard, Co-Directing Manager of Mazars in China.
1st presentation by Global Law Office:
On October 1, the following revised law came into effect:
－Equity Joint Venture Law
－Contractual Joint Venture Law
－Wholly Foreign Owned Enterprise Law
These revisions were supplemented by the Interim Measures on Filing System for Establishment and Change of Foreign-Investment Enterprises (“FIEs”) promulgated by MOFCOM on October 8, 2016 and a joint MOFCOM / NDRC Notice of the same date referring to the 2015 Guidance Catalogue as the current “negative list”.
If implemented as expected, the new laws will substantially change the current administrative processes for FIEs, the sequence of involved governmental authorities and other relevant aspects. Affected are not only new establishments, but also the administration of changes to existing FIEs, capital increases, equity transfers and pledges, company mergers, splits and terminations.
2nd presentation by PwC:
The State Administration of Taxation (SAT) has issued new rules on Transfer Pricing Documentation and Related Party Transactions Reporting (SAT Public Notice  No. 42). The new standards reflect the international developments on "Base Erosion Profit Shifting" (BEPS) and target to secure the taxation base in China by curbing cross-border charges and adding additional transparency requirements and documentation layers.
What does that mean for European multinationals with their subsidiaries in China? How transparent will intercompany transactions & cross-border margins be going forward? What challenges have to be expected from the analysis of intangibles and the local specific advantages in China? What additional admin efforts are needed to prepare the transfer pricing documentation according to the new standards? What are best practices to keep the documentation efficient and consistent?