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Full-Text Articles in Law
The Chinese Enterprise Income Tax, Wei Cui
The Chinese Enterprise Income Tax, Wei Cui
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China’s Enterprise Income Tax (EIT) is the world’s largest corporate income tax by revenue, contributes a significant share to China’s total tax revenue, and is clearly the most substantial component of capital taxation in China. Yet scholarly research on the EIT is still limited. This overview chapter outlines the EIT’s main components from a legal perspective, while referring to empirical economic and accounting research that sheds light on these components. It discusses the personal scope of the EIT, so as to identify the significance of the pass-through and the tax-exempt sectors relative to the taxable corporate sector. It then examines …
What Does China Want From International Tax Reform?, Wei Cui
What Does China Want From International Tax Reform?, Wei Cui
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In this article, the author examines China’s possible response to recent global efforts to reach consensus on international tax reform — particularly, a minimum corporate tax rate.
Human Rights And The Rule Of Law: Implications For Canada-China Relations, Pitman B. Potter
Human Rights And The Rule Of Law: Implications For Canada-China Relations, Pitman B. Potter
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China’s rise to prosperity has seen increased tension with international standards of human rights and the rule of law such that, after a lengthy period of tentative engagement China has more recently worked to change international standards to accommodate its interests. China’s approach to human rights and the rule of law has significant implications for Canada, not only for our bilateral relations but also in terms of the impacts on international institutions that are of vital interest to Canada. In response, Canada should pursue a program of selective engagement, that combines attention to China’s abuses of human rights and the …
How Well-Targeted Are Payroll Tax Cuts As A Response To Covid-19? Evidence From China, Wei Cui, Jeffrey Hicks, Max Norton
How Well-Targeted Are Payroll Tax Cuts As A Response To Covid-19? Evidence From China, Wei Cui, Jeffrey Hicks, Max Norton
All Faculty Publications
Numerous countries cut payroll taxes in response to economic downturns caused by COVID-19. This includes China, which completely exempted most firms from making social insurance (SI) contributions, resulting in an average tax cut of 21 percentage points on formal labor costs and approximately 20% of total tax remittances made by firms. We use novel data on 900,000 firms in one Chinese province to document new facts about the structure of SI in China and evaluate payroll tax cuts as a COVID-19 relief measure. We calculate that labor informality causes 54% of tax-registered firms---representing 24% of aggregate economic activity---to receive no …
Seeing Like An Authoritarian State, Cristie Ford
Seeing Like An Authoritarian State, Cristie Ford
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The Social Credit System (SCS), as proposed in China, provokes an interesting philosophical question. Can human behaviour be moulded to create a better, fairer society by awarding ‘credit’ to those who behave in ways seen as positive by some broad-based authority, in this case, the state? Is the SCS a promising idea for developing a well-functioning society under conditions of complexity and diversity, or is it a massive exercise in government control over virtually all aspects of citizens’ lives?
Judicial Review Of Government Actions In China, Wei Cui, Jie Cheng, Dominika Wiesner
Judicial Review Of Government Actions In China, Wei Cui, Jie Cheng, Dominika Wiesner
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China’s laws and policies on the judicial review of government actions are often used as a bellwether of the government’s attitude towards the rule of law. Accordingly, in gauging the direction of legal reform in the Xi Jinping era, recent media reports have highlighted changes in litigation against government agencies as evidence of positive movement towards the greater rule of law, albeit only contradicted by other evidence of political repression and increasing authoritarianism. We provide a selective review of changes in China’s administrative litigation system in the last few years, including the amendment in 2014 of the Administrative Litigation Law …
Bonded To The State: A Network Perspective On China's Corporate Debt Market, Li-Wen Lin, Curtis J. Milhaupt
Bonded To The State: A Network Perspective On China's Corporate Debt Market, Li-Wen Lin, Curtis J. Milhaupt
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A corporate bond market is thought to play an important role as a supplement to bank-oriented financial systems in emerging markets – functioning in effect as a “spare tire.” Yet bond markets typically rely upon a formal institutional foundation that is often lacking in developing economies. China’s corporate bond market is huge, yet scholarly analysis of it is relatively scarce and some of its elements remain poorly understood. In this paper, we use a network perspective to explore the formation, operation and function of the Chinese corporate bond market. Our effort begins by unpacking the complexities of the market’s structure …
The China-United Kingdom Income Tax Treaty (2011), Wei Cui
The China-United Kingdom Income Tax Treaty (2011), Wei Cui
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The author, in this article, considers some of the key features of the China-United Kingdom Income Tax Treaty (2011), with particular reference to the provisions on technical fees, permanent establishments, passive and other income, and anti-avoidance rules.
We Are The (National) Champions: Understanding The Mechanisms Of State Capitalism In China, Li-Wen Lin, Curtis J. Milhaupt
We Are The (National) Champions: Understanding The Mechanisms Of State Capitalism In China, Li-Wen Lin, Curtis J. Milhaupt
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While China appears to present a new variety of capitalism, frequently labeled "state capitalism," the features of this system - particularly the organizational structure surrounding China’s most important state-owned enterprises (the national champions) - remains a black box. Corporate governance scholarship on China has focused on listed firms, but listed SOEs in China are nested in vertically integrated corporate groups, and the groups are strategically linked to other business groups, as well as to the Communist Party and to governmental organs. While the parent company of the listed firms has a governmental controlling shareholder in the form of an agency …
Two Paths For Developing Anti-Avoidance Rules, Wei Cui
Two Paths For Developing Anti-Avoidance Rules, Wei Cui
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The author discusses the administration of anti-avoidance rules in China, and puts forth the argument that anti-avoidance rules are being applied in China not only in the absence of the rule of law, but also parallel to the rule of law. He suggests that Chinese taxpayers and tax administrators collectively have the choice of pursuing discussions about the boundary between legitimate and illegitimate tax planning along two paths the rule of law figures as an important norm, while in the other it t, and he discusses how each works in China.
China: A New (Furtive) Approach To Taxing International Transportation Income, Wei Cui
China: A New (Furtive) Approach To Taxing International Transportation Income, Wei Cui
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Donghwa Industrial Corporation v. Weihai Huancui State Tax Bureau: China's New (Furtive) Approach to Taxing International Transportation Income
Tax Classification Of Foreign Entities In China: The Current State Of Play, Wei Cui
Tax Classification Of Foreign Entities In China: The Current State Of Play, Wei Cui
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This article considers recent changes to the classification of foreign entities under Chinese tax law, the implications for China’s treaty partners in this regard and the general legal framework within which future changes may occur.
Business Tax: China's Quasi-Vat, Wei Cui
Business Tax: China's Quasi-Vat, Wei Cui
All Faculty Publications
On 1 January 2009, new VAT rules entered into force in China. Under these rules, all registered businesses are entitled to recover VAT on the purchase of capital assets other than immovable property. The Chinese VAT system does however not yet cover services and transactions concerning immovable property, which are still subject to the all-stage, cumulative business tax. In this article, the author explains that the process of gradual transformation of the business tax into a VAT has started and that the current business tax should already be seen as a quasi-VAT.
Designing Foreign Tax Credit Rules In China: The Case Of Foreign Loss Limitations, Wei Cui
Designing Foreign Tax Credit Rules In China: The Case Of Foreign Loss Limitations, Wei Cui
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Over the last few years, China’s large trade surplus against other countries, as well as its high domestic savings rate even relative to its high investment rate, have resulted in a very substantial foreign currency reserve that puts the country in the position of a significant capital exporter. The huge amount of foreign currency assets held by the Chinese government— near $1.9 trillion at the end of 2008 — and a breathtaking series of acquisitions made by Chinese firms overseas are now salient items in international business reporting and public discussion. China’s new posture as an exporter of capital has …
China's New Personal Income Tax Return Filing Regime, Wei Cui
China's New Personal Income Tax Return Filing Regime, Wei Cui
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In December 2005, as newly authorized under the amended Personal Income Tax Law (PITL), China’s State Council announced that taxpayers with annual income in excess of RMB 120,000 (US$15,000) would be required to file annual tax re-turns.The task of designing the procedures for the new return filing requirement was delegated to the State Administration of Taxation (SAT). On November 6, 2006, 11 months after the new return filing requirement was announced, and less than two months before the first filing season was to begin,the SAT finally issued a set of rules on filing procedures, including a new sample annual tax …
China And The Human Right To Health: Selective Adaptation And Treaty Compliance, Pitman B. Potter
China And The Human Right To Health: Selective Adaptation And Treaty Compliance, Pitman B. Potter
All Faculty Publications
The international community has devoted considerable energy to dialogue and exchanges with China on issues of treaty compliance in areas of trade and human rights, and while many improvements are evident in China’s legal regimes for trade and human rights, problems remain. Further, academic and policy discourses on China’s trade and human rights policy and practice are all too often conflicted by normative differences and illusions about them. The paradigm of “selective adaptation” offers a potential solution by examining compliance with international trade and human rights treaties by reference to the interplay between normative systems associated with international rule regimes …