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Q1 2024 Brief on Transfer Pricing in Asia

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Indonesia’s Ministry of Finance released Regulation No. 172 of 2023 on transfer pricing, consolidating various guidelines. The Directorate General of Taxes focuses on compliance, expanded arm’s length principle, and substance checks. Singapore’s Budget 2024 addresses economic challenges, operational costs, and sustainability, implementing global tax reforms like the Income Inclusion Rule and Domestic Top-up Tax.


Indonesia’s Ministry of Finance (MoF) has released Regulation No. 172 of 2023 (“PMK-172”), which prevails as a unified transfer pricing guideline. PMK-172 consolidates various transfer pricing matters that were previously covered under separate regulations, including the application of the arm’s length principle, transfer pricing documentation requirements, transfer pricing adjustments, Mutual Agreement Procedure (“MAP”), and Advance Pricing Agreements (“APA”).

The Indonesian Directorate General of Taxes (DGT) has continued to focus on compliance with the ex-ante principle, the expanded scope of transactions subject to the arm’s length principle, and the reinforcement of substance checks as part of the preliminary stage, indicating the DGT’s expectation of meticulous and well-supported transfer pricing analyses conducted by taxpayers.

In conclusion, PMK-172 reflects the Indonesian government’s commitment to addressing some of the most controversial transfer pricing issues and promoting clarity and certainty. While it brings new opportunities, it also presents challenges. Taxpayers are strongly advised to evaluate the implications of these new guidelines on their businesses in Indonesia to navigate this transformative regulatory landscape successfully.

In a significant move to bolster economic resilience and sustainability, Singapore’s Deputy Prime Minister and Minister for Finance, Mr. Lawrence Wong, unveiled the ambitious Singapore Budget 2024 on February 16, 2024. Amidst global economic fluctuations and a pressing climate crisis, the Budget strategically addresses the dual challenges of rising operational costs and the imperative for sustainable development, marking a pivotal step towards fortifying Singapore’s position as a competitive and green economy.

In anticipation of global tax reforms, Singapore’s proactive steps to implement the Income Inclusion Rule (IIR) and Domestic Top-up Tax (DTT) under the BEPS 2.0 framework demonstrate a forward-looking approach to ensure tax compliance and fairness. These measures reaffirm Singapore’s commitment to international tax standards while safeguarding its economic interests.

Transfer pricing highlights from the Singapore Budget 2024 include:

This article is republished from China Briefing. Read the rest of the original article.

China Briefing is written and produced by Dezan Shira & Associates. The practice assists foreign investors into China and has done since 1992 through offices in Beijing, Tianjin, Dalian, Qingdao, Shanghai, Hangzhou, Ningbo, Suzhou, Guangzhou, Dongguan, Zhongshan, Shenzhen, and Hong Kong. Please contact the firm for assistance in China at china@dezshira.com.

China

China Demonstrates Expertise in Influencing Global AI Governance

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The World Artificial Intelligence Conference in Shanghai (July 2024) advanced global AI governance, featuring the ‘Shanghai Declaration’ which emphasizes AI safety, ethics, international cooperation, and China’s unique governance approach and initiatives.


World Artificial Intelligence Conference 2024

The World Artificial Intelligence Conference, held in July 2024 in Shanghai, was pivotal in redefining global AI governance. During this gathering, the Shanghai Declaration on Global AI Governance was presented, aimed at advancing principles from China’s Global AI Governance Initiative. This Declaration prioritizes AI safety and ethics, laying out strategies for multilateral cooperation among diverse stakeholders.

China’s commitment to AI governance is further illustrated through its position papers, which delve into specific areas such as ethical governance and military applications of AI. These documents not only present a comprehensive framework for AI regulation but also demonstrate China’s approach to merging broad governance principles with targeted policies. This integration captures both overarching and niche aspects of AI governance, particularly in relation to autonomous weapons.

In the global landscape, China seeks to balance its role as both a rule developer and solution provider in AI governance. By actively engaging in UN-led initiatives and proposing resolutions that enhance international cooperation, China aims to create a cohesive framework. Their Global AI Governance Initiative proposes tailored solutions, including a risk-level testing system and agile governance, underscoring the benefits of AI for societal advancement.

Source : China shows deep learning in shaping global AI governance

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View from The Hill: China-Australia relations head back to room temperature, with Albanese’s November visit

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Australia’s Prime Minister Anthony Albanese will visit China from November 4-7, engaging in discussions with Xi Jinping to mend relations and address trade issues, particularly wine export restrictions.

The defrost in China-Australia relations started cautiously after the change of federal government last year. It then sped up, with developments culminating in the formal announcement at the weekend of the date for the much-anticipated visit by Anthony Albanese.

The bilateral relationship is fast heading back to room temperature.

The PM will visit from November 4 to 7. He’ll have talks with President Xi Jinping and Premier Li Qiang, and he’ll also attend the China International Import Expo in Shanghai.

The last days of preparation have seen major steps. First came the release of Australian journalist Cheng Lei, detained in China for three years (but writer Yang Hengjun is still there). This was followed at the weekend by the expected breakthrough on China’s restrictions on Australian wine, which prompted Australia to commence action at the WTO in 2021.

China will review, over five months, its duties on the wine; Australia will suspend its WTO action. A statement from Albanese said that “if the duties are not removed at the end of the review, Australia will resume the dispute in the WTO. We are confident of a successful outcome.”

Breaking the impasse on wine is a big deal for producers. Before the duties, China was Australia’s largest wine export market.

The lack of access to China has been devastating for many in the industry, with exports to that country falling from $1.1 billion in 2019 to $16 million in 2022. Unlike some commodities that China hit, for which alternative markets were found, wine producers have had trouble selling elsewhere.

Overall, China is our largest trading partner, representing nearly a third of our total trade. At their height China’s trade restrictions on Australia amounted to some $20 billion. They are down to about $2 billion.

Albanese’s trip will come 50 years after then PM Gough’
Whitlam’s historic visit, which was the first by an Australian prime minister.

Whitlam told a banquet in Peking on October 31, 1973: “In China today we see a great modernising force, capable of exerting profound influence in the world. Close co-operation and association between our two peoples is both natural and beneficial.”

The Whitlam trip “laid the ground work for the diplomatic, economic and cultural ties that continue to benefit our countries today,” Albanese said on Sunday.

Over the decades the relationship has, for Australia, been enormously important economically, but at times very rocky. Albanese’s visit will be the first by an Australian prime minister since Malcolm Turnbull’s in 2016.

An already downward spiral in relations, driven by various issues, worsened dramatically when Australia led international pressure for an inquiry into the origins and early handling of COVID, which began in Wuhan.

The bilateral thaw has been considerably driven by China’s perception of its wider foreign policy interests, with last year’s change of government greatly facilitating the recalibration.

Read more:
Politics with Michelle Grattan: Asia expert Richard McGregor on Anthony Albanese’s coming visit to China

But Albanese and Foreign Minister Penny Wong have remained cautious, against the background of China-United States tensions, the Taiwan issue, China’s courting of small Pacific countries, and the speed with things can change. They are keen to say the government will disagree with China where it must and always act in Australia’s national interest.

Meanwhile Mike Burgess, head of ASIO, has called fresh attention to China’s unrelenting spying activities, last week revealing an attempt to “infiltrate a prestigious Australian research institution”.

Among the topics for discussion during Albanese’s visit will be co-operation in economic areas, climate change and people-to-people links.

Albanese will be accompanied by Trade Minister Don Farrell, who has done much of the detailed trade negotiations to unlock the restrictions.

Speaking to journalists before leaving on Sunday for his visit to the United States, Albanese said, “It is important that we stabilise our relationship with China. That is in the interests of Australia and China, and it is indeed in the interests of the world, that we have stable relations, and that is what this visit will represent.”

Asked whether he would hope Xi would visit Australia, Albanese said, “we’ll have discussions about that”, noting Xi has been here a number of times.

Albanese said that in Washington this week he would be having discussions about progressing the legislation needed under the AUKUS agreement.

He’ll also be canvassing the potential benefits for Australia from the US Inflation Reduction Act. Among its objectives, this act seeks to drive clean energy. “As we move to a clean energy global economy, Australia is in a strong position to benefit because of the critical minerals that we have,” Albanese said.

The Prime Minister will be given a state dinner. This is the ninth time he has met President Biden, formally or informally, since becoming PM.

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Exploring Opportunities for Foreign Companies in China’s Emerging and High-Tech Industries

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China’s emerging industries offer significant opportunities for foreign investors through supportive policies and high growth potential. Key sectors include biopharmaceuticals, AI, and advanced technologies, driven by innovation-led initiatives to enhance global competitiveness and foster technological self-sufficiency.


China’s emerging industries present a plethora of new opportunities for foreign investors and companies. Highlighted as key to securing China’s future economic prosperity, these industries are bolstered by support and incentive policies, while harboring huge growth potential. We outline opportunities across five emerging industries in China.

China’s drive to develop new and emerging technologies is presenting a host of new opportunities for foreign investors and companies. This drive is anchored in its shift towards an innovation-led growth model, recently represented by concepts such as new quality productive forces (NQPFs), new-type industrialization, and “future industries”.

Central to China’s economic agenda since 2023, NQPFs prioritize the development of cutting-edge technologies, such as AI, robotics, biotechnology, and new energy and materials, to enhance global competitiveness and economic growth. Meanwhile, another core tenet of China’s growth strategy, the new-type industrialization initiative complements NQPFs by promoting advanced manufacturing, secure supply chains, and technological self-sufficiency, thereby positioning China as a leader in high-tech sectors. “Future industries“, meanwhile, focus on emerging technologies that are still in the early stages of development, such as quantum computing and 6G networks. Together, these strategies reflect China’s broader goal to drive economic growth through technological innovation and leadership in frontier industries.

Developing China’s biopharmaceutical industry is a strategic priority for the government. Recognized as a “strategic emerging industry” in the 14th Five-Year Plan (2021-2025), the biopharma sector is positioned for substantial growth, offering promising opportunities for foreign companies. According to the Qianzhan Industry Research Institute, the market size of China’s biopharmaceutical industry reached RMB 1.86 trillion (US$261.21 billion) in 2022, an 8.3 percent increase from the previous year. Between 2016 and 2020, the number of biotech science parks grew from 400 to 600, further reflecting government efforts to boost the sector.

Meanwhile, the 14th Five-Year Plan for Developing the Bio-Economy (2021-2025) outlines general development goals for the industry, such as increasing the contribution of the biopharmaceutical industry to GDP and enhancing the strategic position of biomedicine and related industries. The plan also emphasizes boosting R&D investment, increasing high-value patents, and strengthening innovation platforms.

Foreign companies are also encouraged to invest in the biopharmaceutical industry, with the sector listed in the 2022 Catalogue of Encouraged Industries for Foreign Investment (“2022 FI Encouraged Catalogue”) for multiple provinces, including Liaoning, Jilin, Heilongjiang, Henan, and Yunnan. This inclusion reflects the government’s desire to attract international expertise and capital to bolster domestic capabilities. Moreover, the government provides attractive incentive policies, such as a reduced 15 percent corporate income tax (CIT) rate for biopharmaceutical companies operating in certain development zones, including the Lingang New Area in Shanghai and the Nansha Economic Zone in Guangzhou.

China’s AI industry presents significant opportunities for foreign companies, fueled by strong government commitment, a rapidly growing market, and policies encouraging private and foreign investment. The Chinese government has prioritized AI as a key driver of innovation and is actively encouraging the integration of AI technologies across a variety of sectors, such as healthcare, education, finance, and urban management.


This article was first published by China Briefing , which is produced by Dezan Shira & Associates. The firm assists foreign investors throughout Asia from offices across the world, including in in ChinaHong KongVietnamSingapore, and India . Readers may write to info@dezshira.com for more support.

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