Asia Tax Bulletin Spring 2021 in This Editioneurope BRUSSELS We Are Pleased to Present the Springlondon 2021 Edition Ofdü SSELDORF PARIS Our Firm’S Asia Tax Bulletin
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Asia Tax Bulletin Spring 2021 In This EditionEUROPE BRUSSELS We are pleased to present the SpringLONDON 2021 edition ofDÜ SSELDORF PARIS our firm’s Asia Tax Bulletin. FRANKFURT ORK BEIJING Dear Reader, GTON DChow to compute eligible IP (royalty) income for the reduced income tax rate; and Thailand’s As the world struggles to recover from the TOKYO CHARLOTTE introduction of VAT on overseas digital services pandemic, business continues regardless and consumed in Thailand with effect from SHANGHAI the tax authorities appear to have little 1 September 2021. trouble keeping up, at least judging from DUBAI HONG KONG developments over the past three months. This edition also contains some interesting HANOI case law in various Asian countries. We This edition of the Asia Tax Bulletin covers the hope you enjoy reading it. highlights, inter alia including the tax proposals HO CHI MINH CITY in the 2021 budgets in Hong Kong, India and Stay safe and don’t give in to the Singapore; China’s draft stamp duty law and current challenges. simplified APA procedure; the long-awaited SINGAPORE carried interest concession proposed by the Hong Kong tax authority; India’s launch of the With kind regards, Faceless Penalty Scheme and an e-portal to Pieter de Ridder report tax evasion; the IndonesianBRASÍLI tax A* authorities’ clarification on the offshore tax VITÓRIA* exemption treatment of expats living in * Indonesia – as well as the dividend withholding RIO DE JANEIRO tax exemption criteria for Indonesian SÃO PAULO* companies; Korea’s tax law changes for 2021; Malaysia’s Covid relief package and its *TAUIL & CHEQUER OFFICE ratification of the Multilateral (BEPS) Treaty; Pieter de Ridder the first corporate tax rate reduction by the Partner, Mayer Brown LLP Philippines in 20 years; the IRAS (Inland +65 6327 0250 Revenue Authority of Singapore) circular on [email protected] 2 | Asia Tax Bulletin MAYER BROWN | 3 Contents China Indonesia Philippines Taiwan Transfer pricing for intangibles Tax changes in Taxation of foreign citizens and 24 Tax exemption for 33 6 working plan 2021 investment income under COVID-19 vaccines 15 Capital gains tax on building and omnibus law 34 land trading Imports of transport vehicles and 24 Deficiency tax assessments 7 yachts in Hainan Free Trade Haven 16 COVID-19 tax incentive extended 25 Tax evasion included as predicate 7 Draft stamp duty law Tax incentives for special offence for money laundering 17 economic zones Thailand Simplified procedure for unilateral 25 International 8 Advance Pricing Agreements 18 Bookkeeping requirements tax developments 35 VAT on e-services International tax developments 8 International tax developments 18 Singapore 36 Transfer pricing clarifications Japan Tax framework for variable Hong Kong 26 capital companies Vietnam 19 International tax developments 9 Budget tax proposals 2021 27 Additional deductions for research Vietnam commits to sign the and development 37 Multilateral Instrument (MLI) 10 Tax incentive insurance business Korea Joint venture not considered as a 27 37 E-commerce activities 10 Carried interest related party 20 Tax law amendments 2021 Advance pricing agreement procedures Hong Kong to raise stamp duty 28 Income from business of making 38 10 on stock transfers International property investments 38 International tax developments 21 tax developments Tax requirements for liquidations 29 Advance ruling on unremitted foreign- India Malaysia 29 sourced dividend income offset against non-trade debt 11 Software not subject to Digital service tax for foreign withholding tax 22 service providers Tightening rules for claiming input 30 tax GST 11 Union Budget 2021 Relief package 23 FRS 109 Impairment of Covid-19 pandemic: residence status 30 14 International tax developments Trade Receivables of certain individuals 23 30 Equipment for Working from Home 14 Faceless Penalty Scheme 31 Budget Tax Changes 2021 E-portal for reporting tax 14 evasion-related issues Transfer pricing guidance for 31 centralised activities of MNEs International 32 tax developments MAYER BROWN | 5 Tax changes in Imports of transport vehicles Draft stamp duty law working plan 2021 and yachts in Hainan Free On 28 February 2021, the Standing Committee of Trade Haven the National People’s Congress published the draft In its Working Plan 2021, released on 5 March Stamp Duty Law for public consultation. The draft 2021, the government of PRC announced law will replace the current Interim Regulations of several tax changes, including extending the The government will exempt the import of vessels, Stamp Duty that were issued by the State Council preferential value-added tax (VAT) treatment aviation and motor vehicles from import duties, on 6 August 1988, and brings the stamp duty on for small taxpayers, enhancing various value-added tax and consumption tax at the import securities transactions under legal norms while JURISDICTION: incentives and simplifying the procedures for stage from 25 December 2020 until the closing of maintaining the existing tax framework and overall tax incentive applications. The main tax the bonded zone of the island. tax burden. The deadline for public consultation is changes announced are as follows: In order to be eligible for the exemptions, the 29 March 2021. • extending the preferential treatment of following conditions must be fulfilled: China (PRC) TAXPAYERS small VAT taxpayers; • the items are imported by enterprises that Entities and individuals that issue taxable • increasing the turnover threshold for VAT are incorporated as legal persons and documents or conduct securities transactions within exemption for small taxpayers from CNY registered in the Hainan Free Trade Haven China are subject to stamp duty. The stamp duty 100,000 to 150,000 per month; and engaged in transportation and tourism businesses (for an aviation enterprise, the on securities transactions is levied on the transferor. • reducing the current income tax charge for Hainan Free Trade Haven must be the main TAXABLE SCOPE small and low-profit enterprises and sole operational headquarters); traders by 50% in addition to the existing Stamp duty is levied on contracts, documents for tax incentives; • the imports must be used for their the transfer of property rights, business account transportation and tourism businesses; and books, and securities transactions listed in the • reducing premiums on unemployment “Table of Taxable Items and Tax Rates of insurance and work-related • the yachts may only operate within Hainan Stamp Duty”. injury insurance; province. However, motor vehicles such as mini buses may be used for transport of passengers TAXABLE ITEMS AND TAX RATES • simplifying the procedure for application or cargo between Hainan Free Trade Haven and obtaining tax incentives; and a place outside the Hainan Free Trade While generally maintaining the current stamp duty rates, the draft law simplifies taxable items and • continuing the super-deduction of 75% for Haven if the vehicles do not remain outside rates, as well as reduces tax burdens as follows: research and development activities and the Hainan Free Trade Haven more than 120 increasing the said super-deduction for days on an annual basis. The 120-day limit, • maintaining the rates for loan contracts, manufacturing enterprises to 100%; however, does not apply to vehicles that go contracts for purchase and sale, technical inland and pick up passengers or cargo and contracts and securities transactions; • refunding input VAT newly accrued by an return immediately. advanced manufacturing enterprise on a • reducing the tax rates for processing contracts, monthly basis; Different Hainan government departments will be contracts for construction engineering survey involved in drawing up a list of the enterprises and design, and goods transportation contracts • adjusting import taxes to encourage eligible for the exemption from import duties. from 0.05% to 0.03%; imports of high-quality goods and services; The exemption is laid down in Circular [2020] No. • reducing the tax rate for business account 54 jointly issued by the Ministry of Finance, General books from 0.05% to 0.025%; and • expanding the applicable scope of the Customs Service and the State Taxation enterprise income tax incentives for Administration on 25 December 2020. A list of • abolishing the fixed amount of stamp duty of environmental protection and energy- the exempt items containing 100 means of CNY 5 per document charged on the saving projects; and transportation was published at the same time certificates for rights and licences. • reducing taxes imposed on rental of and attached to the circular. TAX BASIS residential properties. The tax basis for taxable documents is the amount The Ministry of Finance and the State Taxation listed in the contracts, documents for the transfer Administration are expected to issue detailed of property rights and business account books, and regulations or circulars to implement these the tax basis for securities transactions is the tax changes. transaction amount of the securities transactions. CHINA (PRC) MAYER BROWN | 7 TAX INCENTIVES • the enterprise had an APA in the past 10 tax Budget tax In general, the current stamp duty incentives years which must have been executed in line remain unchanged. At the same time, the State with the terms laid out in the agreement; and proposals 2021 Council has the authority to stipulate reductions or • the enterprise has been subject to a special exemptions of stamp duty according to the needs tax adjustment investigation which has The Hong Kong government has proposed a of national economic and social development. been closed. 100% one-off reduction (limited to HKD 10,000) in Profits Tax, Salaries Tax and tax The tax authority is authorised to deny payable under personal assessment for the Simplified procedure for the application if one of the following year of assessment 2020/21 and an increase in unilateral Advance circumstances occurs: JURISDICTION: the stamp duty rate to 0.13% (from 0.1%) for share transactions. Pricing Agreements • compared with previous years, substantial changes have taken place in the years to be Funds.