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TAX AND WEALTH PLANNING
HOW WE CAN HELP REPRESENTATIVE EXPERIENCE ACCOLADES

Our award-winning offices in Hong Kong and Beijing excel in providing practical and effective tax advice in Greater China and worldwide, to allow our clients to best utilize the tax incentive policies in the region by optimizing financial returns with efficient tax planning.

We offer tax and wealth planning advice for high-net-worth individuals and families; including global asset distribution planning, formation and administration of family and purpose trusts, succession and execution of philanthropy objectives.

We represent clients in tax litigations, administrative inquiries, audits and appeals before the Board of Review and higher courts. Our experienced team of lawyers combine their knowledge on tax with other areas of expertise, including corporate, commercial and litigation, to defend your best interests in complex tax disputes.

HOW WE CAN HELP
BUSINESS AND CORPORATE TAX PLANNING IN GREATER CHINA
  • Domestic and cross-border tax planning and transaction structuring
  • Preferential policies for businesses in the Greater Bay Area (GBA)
  • Cross border supplies of goods and value added tax (VAT)
  • lP licensing and transfer tax
  • Change of residence and immigration strategies
  • Tax planning for expatriate employees
  • Tax reliefs under Double Taxation Agreements
  • Tax planning for e-commerce businesses
CUSTOMS DUTIES
  • Import/export/transhipment duties counselling, tax planning, and advance ruling
  • Duty saving strategies in Foreign-Trade Zones and Bonded Warehouses
TAXATION IN MERGERS AND ACOUISITIONS
  • Tax due diligence
  • Share and asset sales, transactions and holding structure
  • Tax indemnity
STAMP DUTY AND TRANSFER TAX
  • Relief for intracompany group transfer (s45)
  • Relief for stock borrowing and lending
  • Relief for sale or purchase of specified derivative
  • Stamp duty applicability assessments, planning, exemptions, and reliefs
  • Stamp duty disputes
REAL ESTATE RELATED TAXES
  • Tax-saving strategies for Special Stamp Duty (SSD), Buyer's Stamp Duty (BSD) and Ad valorem Stamp Duty (AVD)
WEALTH MANAGEMENT AND SUCCESSION PLANNING
  • Change of residence and double taxation reliefs
  • Philanthropic planning
  • Asset and tax planning for immigration
  • Probate, inheritance and asset distribution disputes
TRUST FORMATION, ADMINISTRATION AND DISPUTES
  • Breaches of trusts
  • Enforcing trusts, family settlements and deeds of family arrangement
  • Duties and power of trustees
  • Control and protect mechanism
  • Replacement and removal of trustees, executors and administrators
  • Conflicts of letters of wishes of co-settlors
  • Avoidance of transfer of trust assets to undesirable beneficiaries
TRANSFER PRICING
  • Global transfer pricing policy
  • lntercompany agreements
  • Transfer pricing audits
TAX CONTROVERSY
  • Resolving disputes with tax authorities, protest and appeals before the Chinese State Taxation Administration and the Hong Kong nland Revenue Department(IRD)
  • Appeals before Board of Review of the lRD and High Court
  • Cross-border disclosure requests from tax authorities
  • Defence against criminal prosecutions for tax evasion and tax fraud
  • Investigation and pre-audit preparations
REPRESENTATIVE EXPERIENCE
TAX CONTROVERSY
  • Represent real estate developers in appeals before the Board of Review and obtained decisions for more favourable tax assessments and tax reductions
  • Represent clients before Board of Review and obtained favourable decisions for reduced tax amount for share transfer of property-holding companies
  • Counsel to multi-national food group in defence and negotiation of tax charges in Mainland China regarding value added tax (VAT) and regulatory issues concerning Chinese local distributor
BUSINESS AND CORPORATE TAX PLANNING IN GREATER CHINA
  • Act as the Asian regional counsel for one of the world’s largest airlines in securing loans which securitized their intellectual property. We devised and executed strategies to pledge global trademarks as security and provided tax advice in the execution of indentures and pledge agreements for securing financing
  • Counsel to a global leading entrepreneur in the biotechnology industry with offices in 27 countries to devise tax-efficient schemes and to enjoy tax reliefs under double taxation treaties for their expatriates working and receiving salaries in multiple jurisdictions
  • Assisted a foreign investor in establishment of a Hong Kong company to replace its Dutch business vehicle for optimal tax planning for its trading activities in Mainland China. We devised tax and operational plans for the client to best utilize Hong Kong’s profits tax reliefs, and to avoid domestic/ double taxation for having a “permanent establishment” in Mainland China
  • Advised a US listed company on the salary and withholding tax liabilities of its cash/share-based reward scheme for their employees in Mainland China and Hong Kong
TAXATION INMERGERS AND ACQUISITIONS
  • Represent a multi-national pharmaceutical company in the acquisitionof another ocal pharmaceutical company Whe assisted thecient in carying outtax duediligence by evaluating the target's historical tax position and provided assessments on exposures for profits tax and disputes.
REAL ESTATE RELATED TAXES
  • Counsel to a land developer to design an intragroup structure to minimise profits tax liabilities for operation of serviced apartment in Hong Kong
WEALTH MANAGEMENT AND SUCCESSION PLANNING
  • Setting up discretionary and purpose trusts for succession within a high-net-worth family and devised inheritance tax-saving strategies for holding and transferring real estate in Mainland China and Europe
WHAT OTHERS SAY
"Vivien Chan is a master of strategy. When I need strategic counsel in a difficult situation, I come to her."
~ Orrick, Herrington & Sutcliffe LLP
"China presents a special challenge for the U.S. firm. The complexity of culture, language and politics is a challenge. Vivien Chan & Co. always provides the expertise and insight that let us know that our clients are in good hands."
~ Espinosa Trueba
"Very good support, fast and always provide us good recommendation how to solve issues."
~ DKSH
"More than just legal service, more than professional."
~Amway Hong Kong Limited
"I have always been pleased with the quality of services and client representation by Vivien Chan. The explanations of complicated aspects of the law are very helpful to me asI develop strategies for my clients."
~Middleton Reutlinger
ACCOLADES
FINANCE MONTHLYGLOBAL AWARDS – HONGKONG
Tax Law Firm of the Year 2018
[Shortlisted]
WHO'S WHO LEGAL
Thought Leaders
China and Hong Kong 2000 - 2022
Ms Vivien Chan
CHINA BUSINESS LAW JOURNAL
China's Elite 100 Lawyers (Foreign Firm) 2020
[Other Name: The A List 2020]
THE SILICON REVIEW
50 Most Trustworthy Companies of the Year 2020
APAC INSIDER BUSI-NESS LNSIDER AWARDS

Best Full-Service Law Firm 2019
Greater China
Asian Legal Business
China Practice of Asian Law Firm of the Year 2019(Finalist)
Hong Kong's Most Outstanding Business Awards
Greater China's Most Trusted Legal Consulting Services of The Year 2021