Beijing Shaosong Law Firm is one to provide tax-related diversified service. The firm takes “professionalization" and "diversity" as the goal, and the business covers the tax, corporate, finance, contract, litigation and other fields, being advanced one in the tax domain.
We have a highly qualified team of lawyers. Our lawyers have good academic education background and much experience in practice. Most of them graduated from famous law schools at home and abroad. Some lawyers also have a combination of financial, taxation, intellectual property, economic and other professional degree, and can work in English.
We have excellent capacity to provide professional services. We have served hundreds of Chinese & foreign enterprises and individuals greatly, and acted as legal advisors for about one hundred enterprises. Our lawyer's operational capability and the outcome of the case have been highly appraised by clients, being in good reputation.
We will maintain the idea of "hard-working and honest, efficient and effective; excellent to be the best, outstanding to be perfect", supplying the best service to our customers.
The Lawyer Team
We have a team with excellent lawyers. Most of them graduated from famous law schools at home and abroad, having a master or doctor degree in law. Some of them have a combination of financial, taxation, management, economic or other professional degree, hold certified public accountant (CPA), certified tax agent (CTA), patent agent or stock employment qualification and can work in English. Most lawyers worked in the multinational company, financial institution, government department, judicatory organization or law firm abroad, experienced in practice.
In recent years, we supplied professional service for Chinese and foreign companies in the tax litigation, tax consultation, tax advice, tax design, acquisition & merger, finance & security, trust fund, real estate, underlying security, being listed, intellectual property and other fields, achieving authorization of clients and related units. We have dealt with many litigation cases, arbitration cases and non-litigation cases, many of which caught much social attention, and some of which were regarded as excellent or typical cases, being collected into related database.
We care about team cooperation, emphasize client benefits and details, and supply customized service.
Telephone: 0086-10-51779912 0086-10-51779929
Address: Room 803, Building 8, No.50 Wang Jing West Road, Chaoyang District, Beijing, China
Our business covers tax, litigation, company affairs, finance and contact etc. Our lawyers have served many international famous organizations, companies and branches, accumulating much experience.
Our business is mainly focused on:
——Legal Counsel: our lawyers supply the general legal service to the multinational corporation, the domestic or overseas company and the government department, including long-term and special legal counsel, legal due diligence, legal advice (issuing legal opinion), tax consultation (designing reasonable tax avoidance project), participating the negotiation of important affairs, legal advice on risk prevention of large-scale investment plan, legal information related to customer, replacing participation in lawsuit arbitration.
——Tax Field: our service level and ability are in the leading position in this domain. We have one batch of experienced tax attorneys, providing the professional legal service. Our service includes tax-related consultation, legitimate taxation planning, tax-related due diligence, taxation benefit negotiation, transfer pricing plan, tax-related lawsuit and lawful tariff-related service.
——Foreign Investment: we provide service for the need to establish the Sino-foreign equity joint venture or the foreign-owned enterprise, to buy companies and assets for the foreign corporation in China, to invest and reorganize, to transfer the technology, and to clear accountant etc. Our service includes investment plan & due diligence, establishing an enterprise or other economic entities, customs formalities & import and export etc.
——Lawsuit Arbitration: the lawsuit and arbitration attorney provides the objective suggestions, the constructive dispute solution for customers, and participates the trial and arbitration on behalf of clients, including case analysis and strategy research, lawsuit arbitration and negotiation, property preservation and execution application etc.
1. Tax Due Diligence
A construction company of Hong Kong meant to merge in Mainland China, inviting our firm mainly to do the due diligence on tax and debt. Our lawyers accepted the commission and developed the investigation immediately, finding out there existed tax evasion. The investigation result caught the attention of the client. The client took this as the bargaining chip to won the initiative in the negotiation. In the end, the client carried on the merger and acquisition (M&A) smoothly by the ideal cost, reduced the legal and tax risk, and made the M&A go well. The client gave a very good appraisal to our attorneys for their careful and responsible work attitude.
2. Multinational Company Transfer Pricing
A British mechanical company established a wholly-owned parts and components production factory in China. The product was sold back to the British headquarter. The product transfer price was obviously low. Our attorneys were hired as the special tax advisor, made a unified plan and adjustment to the selling price and sale way, and avoided the company’s enterprise in China to be regarded as improper tax evasion by the Chinese tax authority so that they might pay a past-due tax, and the client’s benefit was safeguarded.
3. Personal Income Tax
An American network development company setted up a wholly-owned company in China. Some high-level managers hold positions in both USA and China at the same time. The work time in China differed greatly. All this made them pay high personal income tax and duplicated tax. Our attorneys provided tax consultancy to them. After careful study and communication with the Chinese tax authority, the average annual personal tax of everyone was reduced 600,000 RMB.
4. Smuggling and Tax Evasion
Mr. Qi got the nationality of M. Company S in M took advantage of Qi’s Chinese certificates, invested 98% to set up X Company to seize the Chinese market. During the import, Company S used the receipt which is 45% lower than the closing cost to pay taxes by X Company. The custom ferreted it out. The anti-smuggling bureau recognized that Qi evade 3,700,000 RMB tax, and sued him for smuggling ordinary goods. Our attorneys worked as defense counsels of Mr. Qi, checked all the case materials, listened to the litigant’s explanation, and thought the principal offender was Company S. Comapnay S owned most of the asset, and the smuggling activity was decided by it, and the illegal income was obtained by it. Corporation was actually the crime tool of Company S, and the crime responsibility should be undertaken by Company S. Qi was in the subordinate position in the crime process, in addition he surrendered himself and showed repentance, and should be have a chance to be punished in a mitigated way. The court accepted our opinion. And Mr. Qi was condemned a three-year limited imprisonment, and suspended for three years.
5. Company Merger and Acquisition (M&A)
The subsidiary company in China of a multi-national company started to implement the M&A strategy, aiming at a building material processing factory of Inner Mongolian, to strengthen the market competitiveness and realize the scale economy benefits. Our attorney team took part in the whole process, supplying legal service. This building material processing factory was a local leading one. But because its fixed asset investment was big, the financial expense was high, raw material was expensive and the market went down, the enterprise was always at loss. Our attorney team negotiated in every way on behalf of our client so that the client carried on the M&A successfully by the form of wholly-owned subsidiary. After the M&A completed, with the help of our attorney team, the client finished the integration of strategy, human resource, organization plan and finance. The original building material processing factory began to turn loss to profit. What is more, it would develop the new project to extend the industrial chain, and became an important growth point of the whole company.
6. Foreign Investment
A British restaurant group wanted to ally itself to a hotel project, and invited our attorneys as legal lawyer on behalf of investment part to coordinate the whole work. Our attorneys were responsible for or participated in the project plan and investment structure plan. In the meantime, our attorneys showed legal opinion and legal environmental assessment report of setting up the project, investment form and structure, provided advice on tax concessions, land usage, environment protection, industry control and foreign exchange in the investment process, contributing much for the decision of the investment part. In addition, because of the good relationship between our firm and the Ministry of Commence etc. which were in charge of foreign investment, our attorneys helped the investment part communicating with the government in a good way. In the end, the investment project went well and completed efficiently, and won the high praise from both Chinese and foreign cooperation sides.
7. Enterprise Income Tax
A trade company was found out the tax evasion in the ordinary tax check. The tax owed and the late payment penalty accumulated nearly 80,000,000 RMB, and the fine was 40,000,000 RMB. The person directly responsible would be prosecuted for his criminal liability. Our attorneys accepted the commission, verified the data one by one, collected related evidence carefully, and brought an administrative lawsuit according to related laws and regulations, advocating the company had paid the owed tax and late payment penalty before the tax bureau inspected. And the company did not evade tax intentionally, and did not constitute the crime, and should not be punished. The court accepted our view and proof. The litigant won, and our attorneys defended the legal rights and interests of the litigant.
8. Tax Evasion
Mr. Xu was a senior manager of some enterprise in Hubei Province, and was in tax evasion by 1,800,000 RMB during his assignment. He was sued by the Procuratorate. The first trail was to sentence him of crime of tax evasion. Later Mr. Xu invited our attorneys to be the second trial lawyer.
During the second trial period, the criminal law amendment (No.7) was promulgated on Feb. 28, 2009. The items of the crime of tax evasion had been changed. The new regulation said the person, who paid the tax and late payment penalty after the tax bureau sent the recovery notice and had accepted the administrative sanctions, would not be held criminally responsible.
Our attorneys studied the case carefully, thought although Mr. Xu was in tax evasion, he submitted the due payment and late payment penalty, and got the administrative sanctions. What is more, it was his first time to do so, and he should not undertake the criminal responsibility again. The court accepted our opinions and remitted the criminal punishment to Mr. Xu.
9. Commercial Arbitration
A company in Shenzhen (called as Shenzhen Corporation below) signed the equipment contact with a company in Hong Kong (call as Hong Kong Corporation below) to introduce the advanced production equipment and technology, and paid part of the equipment funds and deposit. Later Hong Kong Corporation sent the equipment in batches to Shenzhen Corporation. Shenzhen Corporation began to install, adjust and test on production. Shenzhen Corporation organized a group to check the equipment before acceptance. The conclusion was the output and energy consumption was far away from the contract target, and thought the equipment was unqualified. Shenzhen Corporation refused to pay for the left funds according to the conclusion.
Hong Kong Corporation brought arbitration resting on the reference clause， requested Hong Kong Corporation to pay the left funds and undertake the liability for breach of contract. Shenzhen Corporation proposed the counter-request, and asked Hong Kong Corporation to undertake the liability for breach of contract. The arbitration court accepts the request of Hong Kong Corporation, and entrusted a ceramic research institute to carry on the examination. Our attorney representing Shenzhen Corporation thought that the examination conclusion was disadvantageous to us.
In the court, our attorneys studied every work step of those experts, found out the legal evidence which overturned the expert opinion, and overthrew the expert advice. In the situation that the arbitration court accepted most of our opinions, Hong Kong Corporation had to raise reconciliation on their initiative for they knew clearly that there existed quality problems in their equipment.
10. Criminal Tax Case (value added tax-VAT, income tax)
Mr. Liang (the person directly responsible), the manager of a petroleum company in Guangdong, was sentenced 5 years in prison in the first trial. Our attorneys accepted the commission as defender in the second trial, found out the basic fact which said Mr. Liang was in tax evasion was not clear, the related evidence was insufficient. For the VAT part, the original trial recognized the tax evasion part took the sales revenue (only issued the receipt, not the invoice) as the tax so that the whole sales revenue of this was regarded as the value added parts. It was obviously unreasonable. So the court thought the related part in the original trial was not true and could not be taken for granted. Regarding the enterprise income tax part, the public prosecution organization did not have the evidence to prove the percentage of tax evasion. So the first trial was lack of law basis. The defense opinion was accepted by the second trial court. The second trial court decided the defendant to be innocent according to the Article 189 (the third item among it), the Article162 (the third item among it) in "People’s Republic of China Criminal Procedure Law".