Plan ahead – to avoid headaches and improve your business
Due to new laws and regulations, 2012 was a year of change for foreign companies in China. During the annual compliance process, the Chinese authorities will check if you are in compliance with the requirements of your tax entity. But don’t look at it as just another burden on your company. Rather, it is a great chance to optimize your structure, save money and implement control mechanisms to avoid fraud. This article points out the main issues to consider for your annual compliance process in China.
1st level: Annual Audit Local Chinese GAAP
The first round in annual compliance is the annual audit. All foreign- invested enterprises (representative office, WFOE, joint venture or FICE) are required to prepare annual statements including balance sheets, income statements and cash flow statements for the annual audit, based on Chinese GAAP. The annual financial statements and the relevant accounting records need to be audited by a Chineselicensed CPA firm. Many problems occur due to incomplete monthly bookkeeping and accounting. Try to adjust your accounting before the audit.
International GAAP
International companies need consolidated financial statements for group consolidation. Therefore, the local Chinese entity should facilitate a special purpose audit of the financial statements in line with the International Standards on Auditing (ISA) by December 31, 2012. It should be prepared according to the internal accounting principles of headquarters (IFRS, US GAAP or HK GAAP). The results of this audit are reported in standard format or in a reporting package as defined by headquarters.
2nd level: Annual foreign currency audit and inspection
Every foreign enterprise in China needs to go through a “Foreign Currency Inspection” (FCI) for the period ending on December 31, 2012. This inspection is facilitated by an authorized CPA firm, and the findings are summarized in a report. This report is required for the annual inspection of the State Administration for Foreign Exchange (SAFE). Each company is responsible for preparing the Statement of Foreign Investors’ Equity of Foreign Invested Enterprise, according to the regulations of the State Administration of Foreign Exchange.
3rd level: Annual tax audit and clearances
According to the requirements of the tax authorities, each foreign entity must participate in an annual tax clearance. Its main component is the annual Corporate Income Tax clearance. The costs and profits are listed to evaluate taxable profit or loss. Outstanding tax liabilities must be cleared.
4th level: Annual combinative inspection
Each foreign entity must facilitate an annual combined audit from various authorities. These are the same authorities who approve the registration of the company (e.g. AIC, MOFCOM, Financial Bureau, Customs, Tax Authorities, etc.). Each of these authorities must confirm that the foreign company is in compliance. Upon relevant approvals, the foreign entity can proceed with its business in China.
Author
Richard Hoffmann, Partner Ecovis Beijing, China, richard.hoffmann@ecovis.com
Due to new laws and regulations, 2012 was a year of change for foreign companies in China. During the annual compliance process, the Chinese authorities will check if you are in compliance with the requirements of your tax entity. But don’t look at it as just another burden on your company. Rather, it is a great chance to optimize your structure, save money and implement control mechanisms to avoid fraud. This article points out the main issues to consider for your annual compliance process in China.
1st level: Annual Audit Local Chinese GAAP
The first round in annual compliance is the annual audit. All foreign- invested enterprises (representative office, WFOE, joint venture or FICE) are required to prepare annual statements including balance sheets, income statements and cash flow statements for the annual audit, based on Chinese GAAP. The annual financial statements and the relevant accounting records need to be audited by a Chineselicensed CPA firm. Many problems occur due to incomplete monthly bookkeeping and accounting. Try to adjust your accounting before the audit.
International GAAP
International companies need consolidated financial statements for group consolidation. Therefore, the local Chinese entity should facilitate a special purpose audit of the financial statements in line with the International Standards on Auditing (ISA) by December 31, 2012. It should be prepared according to the internal accounting principles of headquarters (IFRS, US GAAP or HK GAAP). The results of this audit are reported in standard format or in a reporting package as defined by headquarters.
2nd level: Annual foreign currency audit and inspection
Every foreign enterprise in China needs to go through a “Foreign Currency Inspection” (FCI) for the period ending on December 31, 2012. This inspection is facilitated by an authorized CPA firm, and the findings are summarized in a report. This report is required for the annual inspection of the State Administration for Foreign Exchange (SAFE). Each company is responsible for preparing the Statement of Foreign Investors’ Equity of Foreign Invested Enterprise, according to the regulations of the State Administration of Foreign Exchange.
3rd level: Annual tax audit and clearances
According to the requirements of the tax authorities, each foreign entity must participate in an annual tax clearance. Its main component is the annual Corporate Income Tax clearance. The costs and profits are listed to evaluate taxable profit or loss. Outstanding tax liabilities must be cleared.
4th level: Annual combinative inspection
Each foreign entity must facilitate an annual combined audit from various authorities. These are the same authorities who approve the registration of the company (e.g. AIC, MOFCOM, Financial Bureau, Customs, Tax Authorities, etc.). Each of these authorities must confirm that the foreign company is in compliance. Upon relevant approvals, the foreign entity can proceed with its business in China.
Author
Richard Hoffmann, Partner Ecovis Beijing, China, richard.hoffmann@ecovis.com
