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7 benefits from opening up a company in Hong Kong




Besides being a prestigious business address, Hong Kong has a variety of benefits to offer for those who are looking to or already own a company in China. Ranging from financial over legislative to cultural reasons. Below are your top 7 benefits from opening up a company in Hong Kong together with a WOFE in Mainland China.

 

  1. Tax benefits

While you are expecting to pay 25% income tax on your profits in China, with a Hong Kong company under your name you are able to send said funds across the border for a 5% transfer fee. This method can save you a considerable amount of money, especially considering that funds can be transferred between China and Hong Kong companies without currency controls. What that means is, when sending money from China abroad, usually, there are extremely high fees in place as well as a maximum amount of money that can leave the country per person or company per year.

Additionally, Hong Kong operates under a territorial tax regime. This means that there is a zero percent tax rate on money that is not earned in Hong Kong. Profits earned in Hong Kong are subject to a 16.5% tax. On the other hand, startups are eligible for VAT tax refunds. Either way, income tax in Hong Kong is significantly less than on the mainland. The exact tax break will always depend on the industry of your company as well as the location of your WOFE. In the QianHai zone in Shenzhen, for example, companies are given a particularly generous tax break.
To find out about this in more detail, contact Incorp China to get first-hand tax advise from local accounting and tax experts.

 

  1. Free economy and trade

Imports from abroad to Hong Kong are significantly easier to arrange and cheaper than transporting goods straight into Mainland China. Under CEPA, an agreement between Hong Kong and China with the aim to encourage trade, Hong Kong goods can even be imported into China under zero tariffs, as long as said goods and your company complies with CEPA rules. (http://www.hktdc.com/resources/MI/Article/cepa1/2009/06/274914/1244104141867_cepapdf.pdf) If you are planning on regularly moving cargo across Chinese borders, Incorp China would strongly advise talking to us about setting up an entity in Hong Kong.

 

  1. Intellectual property

Other than in Mainland China, Hong Kong takes into consideration the prior use of intellectual property when filing for trademarks, patents, copyrights, etc. China, on the other hand, operates under the first-to-file principle. If you are interested in finding out about the Chinese trademark system in more detail, please read more about it here.

 

  1. Familiar and regulated legal system

Whether tax law, intellectual property registration and enforcement, an open economy or the general bureaucratic processes, Hong Kong offers a much more Western mindset when it comes to legal systems and business culture. Familiar documents, consistent bureaucratic procedures and English speaking government officials can offer a smoother entrance into the Asian business world, not just for inexperienced businessmen. Bureaucratic processes can furthermore be executed more rapidly in Hong Kong than they would in China. For example, changing the structure of your company by reallocating shares would take about two months in China, whereas such an action would only require about a week in Hong Kong.

 

  1. Hong Kong as an international node

The proximity to the mainland and its open, capitalist mindset make Hong Kong the perfect connecting point between East and West. Strong economic ties with the ASEAN countries as well as a trustworthy environment for Western investors make Hong Kong a fertile ground for businesses from all around the world. The combined understanding of both the Western and Eastern business and cultural mentality will prove to be beneficial in more ways than you would expect.

 

  1. Relatively hassle-free setup

…especially if you are turning to Incorp China to help you out! We are offering a free initial consultation to help you figure out how to open up a company stress-free.

Hong Kong companies take less time to open in comparison to Chinese enterprises. More importantly, government institutions are considerably more straightforward and consistent regarding their requirements for opening an entity. In Mainland China, rules and regulations can change unexpectedly and abruptly, making it absolutely essential to have a team on the ground that is tirelessly checking up on your application and actively pushing it forward. On top of legislative changes, in China, it is common that institutions like banks or government bureaus will change their mind unexpectedly about a signature or document they require on top of what you were instructed to provide. Don’t let this discourage you as this is a commonly observed phenomenon, especially towards foreigners.

 

  1. Simplified China WOFE setup

Opening a Hong Kong entity makes applying for a Chinese WOFE significantly easier. Hong Kong incorporation documents are filed in English as well as Chinese which speeds up the process of incorporating a company on the Mainland.

 

  1. Limited liability

Setting up a limited liability company (LLC) in Hong Kong can protect you from lawsuits even in Mainland China. Since each shareholder of an LLC can only be held accountable for the capital they have invested and the Hong Kong company is liable for the registered capital in Mainland China, in case of a lawsuit, your personal capital outside of your business would be protected.

 

 

No doubt, a Hong Kong company can be highly beneficial to those planning to open up a company in China and even those who already own one. Nevertheless, if you are unsure or would like to talk to us about your specific situation. Don’t hesitate to contact us by calling us (+1 (561) 729 6508) or sending us an email (info@incorpchina.com).

The New Fapiao Legislation Explained

Effective 1st July 2017, the State Administration of Taxation extended its requirements for fapiao issuance. All companies need to add their taxpayer identification number on all issued VAT tax invoices (fapiaos) in addition to the original information. The notice was given under the Taxation Notice No. 16 of 2017.. 16 of 2017.

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A sample of a VAT tax rebate receipt (fapiao).

 

What does this mean? Why?

Originally, a fapiao only had to include four components. The paying company’s name, its company address, a description of the good or service being sold as well as its price, and the government issued red stamp. The latest regulation entails that those receiving the receipt have to provide their company’s unique taxpayer identification number in addition to the original requirements. This law, at first, only applied to VAT fapiaos that were intended for tax deducing purposes. Now, however, it includes all normal VAT fapiaos as well. This adjustment in the legislation is supposed to aid the Chinese government in tracking a company’s exact income and expenses in an effort to eliminate tax fraud.

How to find out your taxpayer ID number?

To find out what your company’s taxpayer identification number is, have a look at your business license. Every company receives a unique taxpayer ID number upon registration for tax filing purposes. In case you are the owner of multiple different companies, you will have received a separate taxpayer ID number for each.

 

Are individuals attributed a taxpayer ID number?

No, only companies receive a taxpayer ID number upon their registration.

 

What should you do?

Incorp China advises all its customers to have a physical or digital note on them clearly stating the company’s name as well as the taxpayer identification number. Having this information both in English and pinyin will make fapiao issuance as easy and hassle-free as possible. The new taxpayer number has to be filled into the line located right underneath the company’s name. Every time you ask for the issuance of a fapiao, please double-check whether the taxpayer identification number has been included and whether it is correct. If either isn’t the case you will not be able to record the fapiao in your accounting books. This means you will not be able to deduct the fapiao’s value from your taxes.

 

 

If you have any further questions or concerns, please call us under +1 (561) 729 6508 or write us an email at info@incorpchina.com.

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