For Chinese enterprises commencing to invest offshore, Chinese lawyers face a historical opportunity to provide complementary services, but are also struggling with the difficulties of how to provide legal opinions in connection with those outbound investments under a non-uniform Chinese legal environment.
To date, Chinese lawyers have provided legal services to foreign-invested enterprises for their domestic investment projects under China’s legal environment, but once outbound investment is involved, particularly the foreign portion, they often take this as being the realm of foreign lawyers, and throw up their hands.
At a meeting of the international committee of the All China Lawyers Association (ACLA), the author put forward his idea that Chinese tax lawyers can serve as the chief architect in the outbound investment projects of Chinese enterprises. In this article the author explains, from a tax perspective, the issues on which a Chinese lawyer should focus in an outbound investment project.
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Hu Zhiqiang is a partner at Jingtian & Gongcheng in Shanghai. He can be contacted on +86 21 2613 6215 or by email at firstname.lastname@example.org