What information will your TCSP licensed Company Secretary need to meet the Company Registry’s Compliances?

What is the new Company Registry Compliances?

Since 1st March 2018, Hong Kong has implemented a new licensing regime for trust or company service provides (TSCPs). The commencement of Part 5A of the Anti-Money Laundering and Counter Terrorist Financing Ordinance (Cap 615) (AMLO). Therefore, when choosing a Company Secretary in Hong Kong. You have to ensure your Company Secretary have a valid TCSP License. If you are using a service from a non-licensed Service Provider, then you and your company may in trouble.

All the Company Secretaries and the other Service Providers have to comply with the TCSP requirement. In fact, they have to satisfy the statutory Customer Due Diligence (CDD) and record keeping requirement.

What information will your TCSP licensed Company Secretary will need to meet the Company Registry’s Compliances?

Centre O provides Company Secretary Service and with a valid TCSP License. We conduct and keep updating CDD for all our clients, including the following:

  • Preparation of CDD form and arranging of on-going monitoring
  • Keeping a record of Passport/HKID and Address Proof copies of all the Directors, Beneficial Owners and Significant Controllers of a company.
  • Significant Controller is a shareholder holding 25%+ of the shares of a company
  • Obtaining and maintaining up-to-date beneficial ownership information by way of keeping a Significant Controllers Registers.
  • Appointment of Designated Representatives for Significant Controllers Registers assistance and reflecting their contact details in the Registers.

How We handle Your Data?

On the whole clients are providing all the information and data; Centre O will keep it throughout the continuance of the business relationship. And a period of 5 years after the end of the business relationship. The practice is fulfilling the requirements of the AMLO and Hong Kong Personal Data Privacy Ordinance as well.

For further information, please contact us.

You may want to read: COMPANY REGISTRY IN HONG KONG HAS SANCTIONED APPROXIMATELY 1 IN 4 FIRMS DURING ANTI-MONEY LAUNDERING INSPECTIONS ON 1,800 TCSPS LICENSED OPERATORS

Registering your business website in China

China has rapidly become one of the biggest E-commerce markets in the world. As an entrepreneur, registering your business website may seem a must-to-do when entering the Chinese market. However, when you wanted to buy a domain name in China. The domain name must file the website with the Chinese Ministry of Industry and Information (MIIT).

How to register a Business Website in China?

  1. Set up a Subsidiary in China

Entrepreneurs will first need to set up a subsidiary in China. Whether to set up one’s own website, or open a store presence on Chinese e-commerce platforms such as Tmall and JingDong. Entrepreneurs need to submit their business license copy to MIIT. When you are completing the website registration and filing procedures. 

  1. Get a Domain Name

Selecting a domain name can be one of the most important steps in establishing your brand or business. The domain name is often one of the first things someone sees. In fact, a good domain name can affect the impression of your website and your brand. A carefully chosen domain name may increase user interest and drive web traffic. However, Entrepreneurs have to check with the domain name registrar or administrator whether they have the approval from MIIT. 

  1. Web Hosting

Web hosting are companies that provide space on a server owned or leased for use by clients. As well as providing Internet connectivity and typically in a data center. Entrepreneurs can use either Shared Hosting or Virtual Private Server. The difference between the two servers is that entrepreneurs are able to get more control of the server with a virtual private server. 

  1. Internet Content Provider (ICP) Filing Procedures

As per the requirement of Chinese Government all websites hosted in China have to file the website in MIIT. Applicants need to fill in the company information form and submit business license. The filing procedure may take 3 to 20 days to get the approval from the Ministry. After obtaining the approval, a unique ICP recording code will be assigned to the website. And indicating that the website has been approved. 

  1. Using a Foreign Website

If Entrepreneurs is using a foreign website, or hosting a website outside China. In addition, the website without going through the MIIT filing procedure. Sorry to let you know the website is completely not accessible in China. Or simply says it cannot be found in Baidu, China Local Search Engine. Unless someone is using VPN software to circumvent the blockage. 

For further information, please contact us.

 

You may want to read:  5 STEPS FOR PROCESS CHINA TRADEMARK REGISTRATION

香港政府各部门提供有限的公共服务

考虑到最近从11月底起新冠疫情逐渐严重,香港政府部门自2020年12月2日起提供有限的公共服务,为期至少2周。

公司注册处公共服务最新安排
公司注册处在工作日内提供有限的柜台服务,包括接收以纸质形式交付的文件以及让客户领取公司注册证书。公共查册中心将于每周一、周三和周五开放。

公司注册处的办公时间如下:

金钟道政府合署及
九龙湾“一号九龙”12楼
时间:上午9:30至下午4:00

金钟政府合署13楼公众查册中心,时间是上午9:00至下午4:00
 

税务局公共服务最新安排
为了减少人流和社会接触,阻止病毒在社区传播。税务局只提供以下基本公共服务:

  办事处                                                                     营业时间
中央咨询台                                                          星期一到星期五
(只适用于有关纳税人离开香港的税务                  9:00至12:00;
清关的查询)                                                         13:30到16:00
商业登记署*
印花税署
 
中央电话查询处                                                    星期一到星期五 
                                                                               9:00至12:30;
                                                                                13:3016:00

 

 

入境事务处公共服务最新安排
为了避免人群聚集,入境事务处仍呼吁申请人透过网页、流动应用程序、邮寄或投递方式提交申请。因为入境事务处只提供紧急及基本服务,申请者如需前往本署办事处办理紧急申请,须等候较长时间。

签证及延期逗留:只接受以投递方式递交的紧急延期申请。
以下办事处提供能够正常服务:

部门                                                                 办公室
外籍家庭佣工组                                  湾仔入境事务大楼3楼
延期逗留组                                         湾仔入境事务大楼5楼
优秀人才及内地居民组                       湾仔入境事务大楼6楼
其他签证及入境可组                           湾仔入境事务大楼7楼
西九龙办事处                                      尖沙咀金巴利街28号地下
元朗办事处                                               元朗政府合署1楼

旅行证件:只提供紧急申请及领取香港旅行证件服务。

以下办事处提供正常服务:

湾仔入境事务处4楼
尖沙咀金巴利街28号地下
元朗政府合署1楼

身份证:需要提前预约

以下办事处提供正常服务:

湾仔入境事务处8楼
长沙湾政府合署3楼
元朗政府合署1楼
居留权:提供正常服务

以下办事处提供正常服务:

湾仔入境事务大楼25楼
 

如想了解更多信息,请与我们联系。

您可能想要了解:如何在 COVID-19 期间延长我在香港的访客签证

Government Departments of Hong Kong Provide Limited Services

In view of the severity of the local COVID-19 epidemic situation starting from the end of November recently. The Hong Kong Government Departments are providing limited public service since 2nd Dec 2020 for at least 2 weeks.

The Updated Service Arrangement of Company Registry 

The Company Registry will provide limited counter services every working day, these limited services includes receiving documents delivered in hard copy as well as collection of certificates for company incorporations. The Public Search Centre will be opened on Monday, Wednesday and Friday.

The opening hours of the Company Registry will be as follows: 

  • 14/F Public Service Hall at Queensway Government Offices and
  • 12/F, One Kowloon, Kowloon Bay

9.30am to 4pm

 

  • 13/F Public Search Centre at Queensway Government Offices   9.30am to 4pm

 

 

The Updated Service Arrangement of The Inland Revenue Department

In order to reduce the flow of people and social contact to stop the spread of the virus in the community. The Inland Revenue Department will only provide the following essential public services:

Offices Opening hours
Central Enquiry Counter From 9am to noon;  1.30pm to 4pm,
Monday to Friday
(only for enquiries relating to tax clearance for taxpayers leaving Hong Kong)
Business Registration Office*
Stamp Office
Central Telephone Enquiry From 9am to 12.30pm;  1.30pm to 4pm,
Monday to Friday

 

 

The Updated Service Arrangement of The Immigration Department

Nevertheless, the Immigration Department appeals to applicants to submit applications through its homepage, mobile application, by post or drop-in. As The Immigration Department only provides emergency and essential services. Applicants required to visit its offices for urgent applications should expect a longer waiting time. 

Visa Extension of Stay: Accept urgent applications of extensions of stay by drop-in. Below offices will 

Sections Office
Foreign Domestic Helpers Section 3/F, Immigration Tower, Wan Chai
Extension Section 5/F, Immigration Tower, Wan Chai
Quality Migrants and Mainland Residents Section 6/F, Immigration Tower, Wan Chai
Other Visas and Permits Section 7/F, Immigration Tower, Wan Chai
West Kowloon Branch Office G/F, 28 Kimberley Street, Tsim Sha Tsui
Yuen Long Branch Office 1/F, Yuen Long Government Offices


Travel Documents: Urgent application and collection only.

Below offices will provide services during normal opening hours:

  • 4/F, Immigration Tower, Wan Chai
  • G/F, 28 Kimberley Street, Tsim Sha Tsui
  • 1/F, Yuen Long Government Offices

Identity Cards: Required to make appointment in advance

Below offices will provide services during normal opening hours:

  • 8/F, Immigration Tower, Wan Chai
  • 3/F, Cheung Sha Wan Government Offices
  • 1/F, Yuen Long Government Offices

Right of Abode: All existing services are available

Below offices will provide services during normal opening hours:

  • 25/F, Immigration Tower, Wan Chai

 

For further information, please contact us

 

You may want to read: HOW TO EXTEND MY VISITOR VISA IN HONG KONG DURING COVID-19

 

 

中国公司税:居民和非居民企业

中国企业税
在香港,通常称为利得税。而中国境内企业的应纳税所得额称为企业所得税。 《中国企业所得税法》详细规定了《纳税人和应纳税所得额实施条例》。中国的纳税年度从日历年的第一天开始,到日历年的最后一天结束。

香港有限公司缴纳利得税,而无限公司则属于个人入息课税类别。同样的理论也适用于中国大陆。除此之外,独资,个体工商户要缴纳个人税。而企业要缴纳企业所得税。另外,合资企业根据分类和性质缴纳税款。

 

合资企业应纳税所得额
例如,ABC 合伙企业由DEF公司拥有60%的股份,由G先生拥有40%的股份。

DEF 公司应税收入为$ 60,000港元

G先生的个人所得税为$40,000港元

ABC合资企业的应纳税所得总额为$ 100,000港元

从税收的角度来看。中国的企业属于居民企业或非居民企业。

 

居民企业与非居民企业之间的区别
居民企业:
在中国成立的企业
在中国境外设立的企业,但在中国有商业活动
非居民企业:
企业的设立和经营都不在中国。非居民企业仍分为两类:

与机构或集团
没有机构或集团
实际上,出于税收目的,非居民企业的收入在中国产生的。综上所述,非居民企业必须缴纳中国税。

 

如想了解更多信息,请与我们联系。

您可能想要了解:中国本土企业与外国企业的差异

中国企业所得税-正确的税率是多少?

中国企业所得税
根据企业/公司税法, Centre O着重介绍了以下几篇有关企业所得税税率的主要文章:

第三条
居民企业的境内外所得,应当缴纳企业所得税;
非居民企业在中国境内设立机构的,其事业单位从中国境内取得的所得,应当缴纳企业所得税。从中国产生的收入,但收入实际上与在中国设立的机构或机构有关。
非居民企业未在中国境内设立机构。或者它已经成立,但收入实际上与所述机构或机构无关。企业从中国境内取得的收入,应当按其部分纳税。
第4条
企业所得税税率为25%
第3条第3款规定的非居民企业,适用税率为20%。
因此,您可能会认为中国公司税是25%或20%。税率取决于您的企业类型。

此外,对《企业所得税实施条例》有更多解释,它指出:

第九十一条
根据《企业税法》第27条的规定,由非居民企业所得,减按10%的税率征收企业所得税。

第27条提到了什么?
以下收入可免税或减税:

农业,林业,畜牧业和渔业项目的收入;
国家商业运作收入支持重要的公共基础设施投资项目。
符合条件的环保、节能、节水项目收入。
合格的技术项目转让产生的收入。
从第3条第3款产生的收入
最后,我们发现第3条第3款的企业所得税税率为10%,而不是20%。

为什么我们不告诉您正确的税率呢?
我们努力向大家解释,该规定也不是直接的。我们需要花点时间一条一条地去思考这个规则。此外,这也是《中国税法》显得如此难懂的原因。

让我们来看看企业所得税摘要
概括:
境内外收入,所有设立机构和机构的居民企业和非居民企业占25%。

从中国内部产生的收入,非居民企业,不论是否设立事业单位,均按10%计缴。

对于在中国境外产生收入的非居民企业为0%。

如想了解更多信息,请与我们联系。

您可能想要了解:香港税务条例与中国税务条例

China Corporate Income Tax – What is the Correct Tax Rate?

China Corporate Income Tax

According to the Enterprise / Corporate Tax Law. Centre O highlighted the few main articles about the Corporate Income Tax rate as below: 

Article 3

  1. A Resident Enterprise should pay Corporate Income Tax on its income generated from both inside and outside China;
  2. A Non-Resident Enterprise has set up institutions or establishments in China. It should pay Corporate Income Tax on the income earned by its institutions or establishments from inside China. The income generated from China, but the revenue is actually relevant to the institutions or establishments set up in China.
  3. A Non-Resident Enterprise has not set up any institutions or establishments in China. Or it has set up, but the income is not actually relevant to the stated institutions or establishments. The enterprise should pay tax on the portion of the income generated from inside China.

Article 4

  1. The rate of Corporate Income Tax is 25%
  2. Non-Resident Enterprise as specified in the Article 3(3), the applicable tax rate is 20%.

So, you may think the China Corporate Tax is either 25% or 20%. The tax rate depends on your enterprise type. 

Furthermore, there are more interpretations on Regulation on the Implementation of Corporate Income Tax, it stated that:

Article 91

  • Income earned by non-resident enterprises as cited in Article 27 of the Enterprise / Corporate Tax Law shall be subject to a reduced enterprise income tax rate of 10%.

What is mentioned in Article 27? 

There are exemption or tax reduction on following incomes:

  1. Incomes from projects of agriculture, forestry, husbandry and fishery;
  2. Revenues from business operations of the state supported important public infrastructure investment projects.
  3. Incomes from qualified projects of environmental protection, energy and water saving.
  4. Revenues from the qualified transferal of technology project.
  5. Incomes generating from Article 3(3)

Finally, we figured out the Corporate Income Tax Rate in Article 3(3) is 10%, not 20%. 

Why we don’t tell you the correct Tax Rate instead?

We take an effort to explain to all of you. The Regulation is not straight forward as well. We need to take time to go thought the regulation line by line. In addition, this is also the reason why the China Tax Law seems so difficult to understand. 

Let’s have a Corporate Income Tax Summary 

Summary:

25% for all Resident Enterprises & Non-Resident Enterprise which have set up Institutions and establishments. Income generating from both inside and outside China. 

10% for Non-Resident Enterprises, no matter they have set up Institutions and Establishments or not. Income generating from inside China. 

0% for Non-Resident Enterprises which generated revenue outside China. 

For further information, please contact us. 

You may want to read: HONG KONG TAXATION CONSTITUTION VS CHINA TAXATION CONSTITUTION

China Corporate Tax: Resident and Non-Resident Enterprise

China Corporate Tax 

In Hong Kong, it’s commonly named as Profit Tax. Whereas, taxable income for companies in China are named as Corporate Income Tax. Corporate Income Tax Law in China detailed Implementation Regulations on Taxpayer and Taxable Income.  China’s tax year starts from the first day in the calendar year and ends with the last day in the calendar year.

Hong Kong Limited companies pay profits tax. While unlimited companies are under the personal assessment classification. The same theory applies in Mainland China as well. As well as that, the Sole Proprietorships, Individual Industrial and Commercial Households pay Individual Tax. Whereas, Enterprises pay Corporate Tax. Subsequently, Joint Venture Enterprise pay their tax as per the classification and nature. 

 

Joint Venture Enterprise Taxable Income

For example, ABC Partnership is 60% owned by DEF Limited Company and 40% owned by Mr. G.

The taxable income for DEF Limited is $60,000

The personal assessment of Mr. G is $40,000

The total taxable income of ABC Joint Venture Enterprise is $100,000 

From the point of view of Taxation. The Enterprises in China are belonging to either Resident Enterprise or Non-Resident Enterprise. 

 

Differences between Resident and Non-Resident Enterprises 

Resident Enterprises:

  • Enterprises established in China
  • Enterprises established outside China. But business activities in China

Non-Resident Enterprises:

Enterprises both establishment and management are not in China. Still Non-Resident Enterprises have 2 categories:

  • With an institutions or establishments
  • Without an institutions or establishments

In fact, for tax purpose, if the revenue of a Non-Resident Enterprise is generating in China. In conclusion, Non-Resident Enterprise has to pay China Tax. 

 

For further information, please contact us.

You may want to read: DIFFERENCES BETWEEN LOCAL ENTERPRISE & FOREIGN ENTERPRISE IN CHINA

Taxation Myth in China: Central & Regional Government Allocation

Taxation Myth in China

Have you ever heard that in China the revenue from State Administration of Taxation belongs to the Central Government? And the income of Local Tax Bureau belongs to the Regional Government? In fact, the tax bureau is not the organisation to allocate the tax.

Taxes go to the Central Government:

  • 100% of Excise Tax / Tariff and Stamp duty;
  • 75% of Value-Added Tax
  • 60% of Corporate Income Tax & Individual Income Tax
  • 50% of Value-Added Tax in lieu of a Business Tax

Taxes go to the Regional Government:

  • 50% of Value-Added Tax in lieu of a Business Tax
  • 40% of Corporate Income Tax & Individual Income Tax
  • 25% of Value-Added Tax
  • 100% of Other taxes

Why do you need to know where your taxes go?

As a taxpayer, definitely you have to know where your taxes go. The Regional Government offers financial subsidies to attract investment. The calculation of financial subsidies is according to the tax revenue of Regional Government. So, as an investor, you better start your business with financial subsidies. The financial subsidy is a springboard to assist you to step into China Market.

For further information, please contact us.

You may want to read: CHINA TAXATION SYSTEM HIGHLIGHT FOR INVESTORS FROM OVERSEAS

 

Easily Get Bills and Receipts into XERO via HubDoc

To sumHubDoc is a data capture tool that extracts key data from a company’s financial documents. Then publishes these account transactions in XERO. It allows users to upload their financial documents through multiple means. For example, email, manually upload, or imported via third-party automated features.

HubDoc is one of the popular apps for XERO. As it automates the manual bookkeeping tasks like entering bills and receipts. Making it easy to match transactions to the XERO bank feed. Also giving you a better view of how your business is doing. 

What are the features? 

Capture bills and receipts

Making it easy to capture bills and receipts by email, mobile, desktop or even via a scanner. As a result, they are all storing online, in one place. 

Automate data entry

The system automatically extracts the key information from each bill or receipt. So, it’s ready to copy into XERO with the original document attached. 

Seamlessly match transactions with your bank feed

HubDoc syncs the data from your bills and receipts to XERO as accurately categorised transactions. The transactions can be easily matched with your bank feed so you have up-to-date financial figures. 

Access verified financial data

Every reconciled XERO transaction has a source document attached. So, you can verify the data and know the financials are accurate. Also the information is up-to-date for easy compliance and valuable business insights. 

Why Use HubDoc?

In summary, HubDoc is the ideal solution for businesses. In any cases, when needing multiple parties to contribute to the management of their accounting and bookkeeping systems. Users can invite their accountants, bookkeepers, or other team members to utilize HubDoc. As this platform can sync with multiple platforms, such as XERO and Dropbox. Users will have a consolidated platform to view and record all their necessary financial information.

Most importantly, HubDoc can simplify the audit processes for a business. As HubDoc continues to automatically import, extract, and store uploaded files. Users no longer have to worry about maintaining physical documents. During an audit, these features will allow businesses to efficiently search through all their documents. And decreasing the time required for auditors to complete their audit process. 

For further information, please contact us. 

You may want to read: XERO GETTING BETTER WITH HUBDOC