JACK'S CORNER
Three years!? Time flies when you are having fun. I have little more to say than thanks to those clients, colleagues and staff who started with us, are with us and will continue to be with us as we continue to build GCSL into a leading company formation, trustee and fiduciary services firm. Special thanks to my better ½ who makes everything just that much better. The GCSL Hong Kong and Group kids playing at the races in Hong Kong says it all!
GCSL NEWS
MARINA’S SWEET 16TH BIRTHDAY…LIKE DÉJÀ VU ALL OVER AGAIN… Photos speak volumes as we enjoyed days and evenings at Private H with our mate Harlan, Pearl on the Peak with Marina’s family and Pierre’s with Herve, Pierre and all the good people at one of Hong Kong’s best restaurants. GCSL TRUST SESSIONS WITH PROFESSOR RICHARD DUKE OF THE THOMAS JEFFERSON SCHOOL OF LAW LEGAL EAGLE CARLO MASON SAVES ANOTHER LIFE JACK & FRIENDS IN A CHARITABLE MOOD AT THE PLAYBOY MANSION
LOUIS WINS THE PIGGY BANK RECOUNT!!
SOME DARK CLOUDS IN CHINA’S ECONOMIC GROWTH In the year of 2007, China had issued regulation of Onshore Financial Institution Issuing RMB Bond in Hong Kong. In the year of 2008, only three state owned banks had been approved. Recently, Hong Kong Shanghai Bank Corporation (HSBC) and Bank of East Asia have being approved to be the number 4th and 5th financial institutions be able to issue RMB Bond in Hong Kong. CREATIVE INCENTIVES TO ATTRACT FOREIGN INVESTORS * Rebate 50% of local VAT and 40% of Business Tax to the foreign investors and 0% local Enterprise Income Tax. Of course, there are other economic development zones in China offering similar packages. Investing in China will never be a dull moment in life. Contributed by Johnson Chien, Managing Director, GCSL Shanghai. PROFESSOR TSIH SPEAKS – SALES “One of the things that I used in my career was the idea of execution-thinking, not result-thinking, meaning that all you are thinking about is what it takes to get the guy at the plate out and what you need to do to accomplish that. You really need to put the thoughts of "if something happens" out of your mind. Everyone fears failure, but to focus on the outcome -- positive or negative -- before it's been determined is no good. If you do that, you are not in the right mindset to execute the pitch and give yourself the best chance for success.” While Hershiser was talking about baseball pitching, I thought it applies to many situations, including sales, which is what I do for a living. When a pitcher stands on the mound preparing to throw the next pitch to get the hitter out, there is no room for him to be thinking about “what if”. The same applies to the hitter in the batting box. If the hitter was still thinking what the pitch may be, where it will be coming from, how fast it would come, he ain’t going to hit the ball for sure. In sales, as the salesperson walks into the client’s office, the only thought that the salesperson should have is what it takes to get the client to sign on the dotted line. Thinking of anything else will mess up your mind and failure can almost be guaranteed. As Hershiser said in the article, everyone fears failure; and focusing on the outcome will cause severe doubt on your execution and what you fear most will simply happen. PROFESSOR TSIH SPEAKS - DOING BUSINESS IN CHINA To understand China, one would be foolish to isolate the attention only on China and left out Hong Kong, Macau and Taiwan. It is no secret that Hong Kong can survive and maintain its prosperity as it is today without much damage from the 1997 financial crisis and the 2008 global meltdown is because of the backing of China. It is also public knowledge that Hong Kong is not among the “black list” as the other tax havens is also because of the backing of China. The importance of Hong Kong to China’s future economic development is very clear. On the other hand, Taiwan is a completely different story. As I’m sitting in my hotel room in Taipei, almost all channels and the talking heads in Taiwan are talking about Taiwan’s acceptance as an observer to WHA, a sub-agency under WHO. It is no secret that the two governments have already had an understanding and therefore, after some 30+ years since Taiwan has been ousted from the U.N., they’re being accepted again into an international agency under the name Chinese Taipei. It is also public knowledge that China, in addition to subsidizing Hong Kong and Macau, they’re also subsidizing Taiwan in a HUGE way. From importing the Taiwan fruits to opening up the direct flights between the Mainland and Taiwan have already brought huge financial benefits and relief to the sagging Taiwan economy. Sending 3,000 people monthly to Taiwan as “tourists” is an even bigger subsidy to Taiwan’s sorrowful retail industry as well as the hospitality industry and tourism in general; conservatively speaking, if each Chinese tourist spends RMB5,000 in Taiwan, how much are the Chinese government “giving” the Taiwan economy monthly? Do the math and the answer is very clear. In the flight that I took this trip, there were at least three groups of Chinese tourists. From the dialects that they use, they’re mostly from the JieJiang province, the city of Ningbo. As I was exchanging RMB2,000 at the bank in the airport, the guy next to me was exchanging the maximum he’s allowed inside the airport— RMB60,000, that’s approximately NTD300,000. I also happened to notice that in his “wallet”, there are still stacks of 10,000 bundles of RMB. In addition to all of these, the biggest subsidy has yet to come. Before the end of 2009, there will be at least two groups of Chinese investors, one from Guangxi, investing in Taiwan real estate in the amount of 65 million RMB and the other somewhere in the range of RMB300 million. The issue I want to bring up is not what Hu and Ma has agreed, but it is the attitude of China towards Taiwan. Once we understand the cause of the Chinese attitude towards Taiwan, it won’t be too hard to understand the current mind-set of the Chinese government, and eventually, their policies and plan. Once upon a time, it was all propaganda from China—all talk and no action. Today, it is no propaganda, it’s all action. One may prompt to ask, what causes the change in the Chinese attitude towards Taiwan? The answer is simply one word—CONFIDENCE. The Chinese, especially the government, are so full of confidence today that they know unification of the two sides is inevitable. The only remaining question is when. If that is the case indeed, wouldn’t it be wise for the Chinese government to help Taiwan’s economy now so that when the time comes for unification, they’ll be taking over a rosy economy instead of having to rebuild at that time? While nothing is guaranteed, especially in politics, wouldn’t one think that the Chinese government is taking a huge risk in pouring money into Taiwan now? The answer is no. Although the Ma government in Taiwan continues to resist discussion of unification, their behavior is very clear that the resistance is not of political difference but of principle in ideology—the difference in lifestyle between the people in China and Taiwan (Ma actually said that in his recent interview with the Time’s magazine)—referring to issues about democracy and freedom. It is, therefore, no surprise to me that a scholar from Sichuan told me recently—China is actually more democratic than the United States and the U.S. is more socialistic than China from an ideology’s point of view. Of course, that entirely depends on how one defines democracy and socialism. The point I want to make is that China has grown to become more and more mature over the past 30 years of economic reform. They have found their path to become a world power in a peaceful and quiet way. The sun does rise in the East. In my previous articles on the “Ten Commandments in doing business in China”, I discussed two topics—Know The People and Make Friends First. Perhaps it is time to re-acquaint with China and its people. Know them well and make friends with them and you may find that pot of gold lying somewhere in that vast land. Contributed by Stephen Tsih, Business Development Director –Greater China, The GCSL Group of Companies Limited. FURTHER SERVICES LIBERALISATION UNDER CHINA AND HONG KONG ECONOMIC PARTNERSHIP ARRANGEMENT (“CEPA”)
Contributed by Kitty Lee, Client Services Manager, GCSL Hong Kong UNLIKELY CANDIDATES UP FOR IPOS IN HONG KONG Another highly visible and struggling company, Las Vegas Sands Corp has enlisted one of the few remaining investment banks to assist in listing its beleaguered Macau unit in Hong Kong as well. The unit includes the Venetian Macao, the Sands Macao and was to include a third property whose construction was halted due to a lack of funding. The news comes as the company announced coming layoffs of up to four thousand Macau employees. HONG KONG IRD PROVIDES FURTHER CLARIFICATION ON DTA COUNTRIES Specifically, the Department Interpretation and Practice Notes N. 45 (DIPN45) provides corporate tax payers in Hong Kong with clear direction on treatment of transfer pricing and profit reallocation double taxation relief. Specifically, Hong Kong resident companies are able to claim tax relief from the Hong Kong IRD where either they or their trading partners have been assessed a higher tax liability in a jurisdiction with which Hong Kong has a DTA based on non-arms length transactions. In cases of both economic and juridical double taxation, Hong Kong resident companies may apply for specific tax relief. The IRD is not obligated to provide relief, but has offered examples of what it deems to be justifiable circumstances for relief. The examples are presented in a clear, straight forward manner, and, taxpayers should be able to refer to the publication in dealing with their own situations. Hong Kong has concluded DTAs with several nations in the region and a number of EU countries as well. For those seeking to open a subsidiary in Hong Kong or to utilize Hong Kong as a base for a non-resident trading business, the tax relief on offer makes the SAR and even more attractive destination. Contributed by Jason Geber, Business Development Manager, GCSL Hong Kong |
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NEW INCOME TAX AMENDMENTS Before the amendment, if Singapore tax residents derived income taxable in jurisdictions with which there is no Double Taxation Agreement (DTA) in force with Singapore, such income was still eligible for a Unilateral Tax Credit if such income was not otherwise exempt from Singapore tax upon its remittance. However, at that time, this unilateral tax credit was only available to limited types of income such as dividend, royalty, employment and professional services. With the amendment, and with effect from YA 2009, the scope of unilateral tax credit has been enlarged and will now include most types of foreign-sourced income that are received or deemed to have been received in Singapore. Specifically, the Amendment Act has listed the following types of income to qualify for the unilateral tax credit:
The change is a good sign for the foreign income that was earned in countries other than those Singapore has DTAs with. Repatriation of foreign-sourced income is now much more encouraged. DEEPER SHADE OF BLUE FOR TEMASEK In a recent revelation, Temasek has now revealed that it has, in the first 3 months of 2009, sold all its Bank of America shares. This would mean that she had missed the recent rally of Bank of America shares, which saw prices jump from US$7 to US$14 per share. As of 31st March 2009, Temasek no longer held any Bank of America shares. This early sale of the 188.8 million Bank of America shares would mean that Temasek's losses in the Merrill Lynch-Bank of America saga could be estimated at between US$2.3 billion (S$3.4 billion) and US$4.6 billion. No information is available on when and how much was sold, and the prices at which the transactions were done. However based on market information on the prices of the Bank of America shares for the first 3 months of 2009 (lowest at US$2.53 on Feb 20, with the highest at US$14.81 on Jan 6), analysts have estimated that Temasek could have received as little as US$500 million to as much as US$2.8 billion. Apparently, this quick divestment was was in line with Temasek's tweaking of its long-term investment strategy to focus more on Asia and emerging markets such as Brazil and Russia. Although now the bleeding seems to have finally stopped, the billion-dollar question remains as to who kissed the frog so early. Contributed by Lawrence Fong, Managing Director, GCSL Singapore |
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PROTOCOL TO RUSSIA-CYPRUS DOUBLE TAX TREATY SIGNED Contributed by Maxim Stepanov, Midland Consult Ltd, Moscow. SHEER WONDER OF THE EASE OF FILING TAX RETURNS IN HONG KONG Hong Kong has the easiest actual tax return to complete that I have had experience with in my life. Apart from countries that generously do not require their hard working citizens to pay any tax at all, Hong Kong is so simple that an average High School student could complete it. I will be required for both my trip to Belize and Anguilla and on my Hong Kong tax return to account for my expenses. In my wildest dreams however I can’t imagine Jack, Marina or Donald Tsang being too happy if I claimed for the following:
Yet, the United Kingdom, still rallying after an increase in the top tax rates where now marginal rates are astronomical http://www.economist.com/opinion/displayStory.cfm?story_id=13576151 Up to 100K: 41% Is expected to pay for their Parliamentarians clearly excessive private expenditure. Little wonder that we still have demand for an offshore industry. One can’t blame the Brits for either packing up and leaving, or looking at tax competitive alternatives to funding the bunch of drop kicks they are paying the lifestyles of. Contributed by Cathy Odgers, Group Legal Counsel and Compliance, The GCSL Group of Companies Limited SHOE THROWING GAINS POPULARITY So if you are not happy with the tax man you now know what to do. Just bring along an extra pair so you don’t have to walk bare foot to the jail house. Contributed by Ooi Hoay Beng, Business Development Director –Asia, The GCSL Group of Companies Limited. THE FUTURE OF OFFSHORE IS ONSHORE - A FAST TRACK TO CANADA
With OECD governments cooperating more closely on tax collection and other fiscal matters, it is imperative for all individuals and corporations operating in the international sphere to ensure they are both tax compliant and properly “tax-planned”, using appropriate offshore companies and trusts when assuming tax residency status in different jurisdictions. Canada’s immigration laws facilitate the entry of certain foreign corporations and their key staff. In British Columbia, for example, the province has a “Provincial Nominee Program” that offers expedited immigration solutions for international investors wanting to immigrate to Canada and settle in BC. BC PNP offers three compelling programs in an effort to attract more business and investment immigrants to the province. The program is currently divided into three streams – “Business Skills”, “Regional Skills” and “Strategic Projects”. The Business Skills program is designed for people with viable business plans to establish or purchase and expand a business in the greater Vancouver and Abbotsford areas. The program requires a personal net worth of $800,000, a minimum investment of $400,000 and for the investor to hold at least 1/3 of the equity in the business. The investment must create at least three new jobs for Canadians or permanent residents and the investor must play an active role in the management of the business. The Regional Skills program is similar to the Business Skills program, only it is designed for areas of BC outside of Greater Vancouver and Abbotsford. The program requires a personal net worth of $400,000, a minimum investment of $200,000 and the investment must create at least one new job for a Canadian or permanent resident. Using a provincial business program can reduce processing times of permanent resident visa applications by 3-4 years as compared to federal entrepreneur applications. The upside is tremendous and as all successful investors now, timing and security are paramount and this PNP program offers just that. The third program, the “Strategic Projects” program, does not offer a fast track option. This program is designed for foreign corporations that want to invest at least $500,000 in BC. For every 3 jobs created, the foreign company can designate one potential immigrant staff member who can move to Canada to work in the Canadian business project. A fourth related program is linked to the International Maritime Centre Initiative wherein foreign shipping companies can operate tax free in Canada (as if Canada were an offshore centre). In all, the BC PNP and the Maritime Centre Initiative have demonstrated Canada’s commitment to forward thinking approaches to real-time issues. With the current criteria in place we have seen a sharp increase in business investor immigrant applications to Vancouver, Canada helping fuel and maintain our economy. Moreover many international shipping companies, including Teekay Shipping which has its head office in Vancouver, have taken advantage of the Maritime Centre Initiative.]
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ANGUILLA: A RANDOM OBSERVATION AFTER NEARLY 10 YEARS IN THE BUSINESS Contributed by Carlyle Rogers, Managing Director, GCSL Anguilla BELIZE: INTERNATIONAL FINANCIAL SERVICES LICENSE In this article, I will seek to highlight the most recent licence for review, the Securities Trading Licence. Standard Conditions for the Belize Securities Trading Licence
Application requirements
All applicants must provide to the IFSC:
We can be contacted with a view to assisting you in the procurement of this license. Let us help you to do so. Contributed by Carlo Mason, Managing Director, GCSL Belize COOK ISLANDS: DECLARED A RECESSION FREE ZONE On Monday, tourism minister Wilkie Rasmussen announced the Government’s decision of not taking part in the financial downturn. Since the decision, this country has been lauded in illustrious international newspapers such as The Wall Street Journal, UK’s Daily Telegraph and The Guardian. Many of the editorials give a tongue-and-cheek poke at their own governments for ‘joining’ the recession band-wagon. The Cook Islands haven is also being touted on cyberspace with mentions on Twitter, Wordpress, Islands Business, Scoop.com, Stuff and of course, recessionfreeoasis.com. The official website is a colourful guide to living in a recession free zone. It hosts an anonymous international blogger who is impressed with what this country offers. “It could be that there are no franchise properties here yet (all hotels are independently owned), or it could be that nothing is overbuilt. It could be that everyone we meet is genuinely cheerful and happy to see us. Whatever it is, we’ve decided that the Cook Islands may be free from recession, but they offer an abundance of hospitality.” Included on the site is a list of regulations on how to operate in an anti-recession nation such as, ‘Please refrain from showing any signs of recession. The best way to achieve this is by chillin…’ and ‘Do not be troubled with the absence of Italian shoes. Walking barefoot on the beach is de rigueur in the Cook Islands.’ So if you are suffering from a recession hangover, give our GCSL Cook Islands a call, and we promise to give helpful hints on how to get over the slump, turn the corner, and find that oasis in an otherwise dreary and negative world. Contributed by Puai Wichman, Managing Director, GCSL Cook Islands SAMOA: HOTEL CRISIS SURVIVOR MONEY LAUNDERING PREVENTION AUTHORITY HAPPY 3RD YEAR ANNIVERSARY JACK, MARINA AND THE CREW, FROM THE GLOBAL GIRLS! WISHING MANY MORE ANNIVERSARIES TO COME! Contributed by Laura Fepuleai, Manager, GCSL Samoa |
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OUR MONTHLY QUOTE THAT MADE US SMILE JAIL BREAK REWARDED THE GRATEFUL DEAD 2009 WACKY WARNING LABEL CONTEST
2009 TEN HAPPIEST PLACES…HMMM, TOO COLD LAH
SEALED WITH A KISS CONSTITUTIONAL RIGHT NOT TO KNOW! |








