On 8 September, the Ministry of Commerce (MOFCOM) of the People’s Republic of China published the Circular No. 568, concerning the establishment of Wholly Foreign-Owned hospitals in selected pilot cities, namely Beijing, Tianjin, Shanghai, Nanjing, Suzhou, Fuzhou, Guangzhou, Shenzhen, and the island of Hainan. This move represents a further development in the process of opening up the country’s health sector to foreign investments, following a similar pilot project that in 2014 introduced the possibility of establishing Wholly Foreign-Owned hospitals. However, due to the stringent requirements imposed on them, the 2014 project mainly prompted foreign investors to channel their resources towards setting up hospitals through Joint Ventures and cooperation agreements with Chinese companies. The new Circular, which do not cover the Chinese traditional medicine field and the mergers and acquisitions of public hospitals, could become a great source of attractiveness for investments in a market of increasing importance, considering the healthcare needs of the rapidly aging Chinese population. To evaluate the effective potential of the new Circular it will be necessary to wait for the specific conditions and requirements, which will be announced separately.

Incontro con il Parco Industriale High-Tech Jiaxing Nanhu

Questa mattina si è tenuto con successo a Milano l’evento “Destination Yangtze River Delta: Incontro con Jiaxing, Distretto Nanhu”, organizzato da CPO and Partners con Dragon Bridge Investments con il supporto della Italy China Council Foundation (ICCF) e in collaborazione con AICE. La delegazione del Parco Industriale High-tech Jiaxing Nanhu ha presentato le opportunità di investimento in una delle aree economiche più dinamiche della Cina, promuovendo discussioni su future collaborazioni tra Italia e Cina.

This morning, the event “Destination Yangtze River Delta: Meeting with Jiaxing, Nanhu District” was successfully held in Milan, organized by CPO and Partners and Dragon Bridge Investments with the support of Italy China Council Foundation (ICCF) and in collaboration with AICE. The Jiaxing Nanhu High-tech Industrial Park delegation presented investment opportunities in one of the most dynamic economic areas of China, fostering discussions on future collaborations between Italy and China.

Update of the double taxation Agreement between the Italian and Chinese governments

On 15 April 2024 the Council of Ministers, upon the proposal of the Minister of Foreign Affairs and International Cooperation, Antonio Tajani, approved a bill for the ratification and execution of a previous Agreement stipulated with the government of the People’s Republic of China regarding double taxation with respect to income taxes and the prevention of tax evasion and avoidance.

The text approved on 15 April updates the already existing Agreement signed between the two States on 31 October 1986, in order to adapt the legislation to the recommendations of the OECD/G20 BEPS (Base Erosion and Profit Shifting) project.

The updated Agreement applies to residents of the contracting States, and for Italy in particular relates to IRPEF, IRES and IRAP taxes, by setting general and subsidiary criteria through which defining a person as “resident of a Contracting State”, and by clarifying the cases in which a “permanent establishment” is involved.

The approved text regulates specific topics related to the double taxation issue, among which there are: taxability of real estate income, which must be taxed in the State in which the real estate that represents the income source is located (albeit in a non-exclusive manner); the treatment of business profits, as well as profits deriving from the operation, in international traffic, of ships or aircrafts; taxation rules for capital income regarding dividends, interest, royalties and capital gains; distribution of taxation in the two contracting States in relation to: independent professions, subordinate work, members of management and supervisory boards, remuneration from artistic and sporting activities, as well as sums received as pensions or for other public functions performed; the criterion of exclusive taxation in the State of residence for any other residual type of non-mentioned income; the methods for eliminating double taxation, in accordance with the domestic legislation of each contracting State; anti-abuse provisions, the principle of non-discrimination, the mechanism of the amicable procedure for the resolution of disputes, and the exchange of information between the two States.

This initiative signals the intention of both governments to improve the condition of Italian companies operating in China and to give more certainty to Chinese investors interested in or already engaged with the Italian business environment.

The business regulatory environment in China is in constant evolution, prompting local administrations to understand, manage, and carry out the new regulations issued at the national and provincial level, a task that can be burdensome due to the complexity of the matters involved. Recently, the Shanghai Municipality issued the «Shanghai Action Plan to Adhere to Benchmark Reform and Continuously Create a World-Class Business Environment», whose main intent is to reach a greater optimization of the business environment in China, so as to attract top-quality domestic and international companies.

As a legal and tax consultancy firm with a solid footprint in Shanghai, CPO & Partners went to visit the Jing’an Administrative Service Center to have a meeting with the district administration on the new policies for investment projects found in the «Shanghai Action Plan».

This represents a precious opportunity for CPO & Partners to make inroads into the local regulatory environment, a task that can sometimes be challenging due to language and cultural differences that can create communication hindrances and reduce the exchange benefits. Moreover, dealing with the district authorities is a good way to network with local offices and understand their functioning, in the belief that only by properly knowing the administrative system one can accurately provide consultation, in order to reach a win-win outcome that is advantageous for both parties.