Tax and Wealth Planning | Vivien Chan & Co.｜Law Firm｜Hong Kong

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

REAL ESTATE RELATED TAXES

Tax-saving strategies for Special Stamp Duty (SSD), Buyer's Stamp Duty (BSD) and Ad valorem Stamp Duty (AVD)

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

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

TRANSFER PRICING

Global transfer pricing policy
lntercompany agreements
Transfer pricing audits

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

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 ACOUISITIONS

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

Litigation and Dispute Resolution Commercial and Corporate Advisory Mergers and Acquisitions Real Estate Intellectual Property

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