Legal Problems on the Payment in RMB in Apple App Store

Highlight: Apple’s acceptation of payment in RMB in its App Store may be deemed as the intention to operate in China, which by local laws shall be administrative licensed of the value-added telecommunication service first and the entity shall be at least 50% owned by local companies. Furthermore, the applications sold in App Store are also demanded for administrative license and registration of Chinese government.

On the afternoon of 17th November, I was interviewed by Mr. Zeng Hang, the journalist from the 21st Century Business Herald, an influential Chinese financial newspaper, on the Apple’s plan to accept the payment in local currency for the purchase of applications of iPhone and iPad. Mr. You replied that it’s infeasible basing on the existing regulations, for any app purchases by Chinese clients is kind of shopping in U.S.A and shall be settled in dollar. And carrying out of the payment in RMB means App Store begins its operation in China which involves many administrative licenses.

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Will International Software Company Benefit from China’s New VAT Policy?

— the interpretation on the preferential policy of value-added tax

Recently, the Notice on the Policy of Value-added Tax of Software Product (the “Policy”) was jointly issued by the Ministry of Finance and the State Administration of Taxation of P.R.C., which shall back cover any VAT after 2011.1.1. The stock market reacts positively to the new policy.

However, as far as Bridge IP Commentary knows,the Policy is just the continuation of the past regulations, which include the Policies for the Development of the Software & Integrated Circuit Industries issued in 2000 (the “Policy in 2000”) and the Notice of Policies for Further Development of the Software and Integrated Circuit Industries released in first half of 2011 (the “Notice”). Even so, the introduction of the Policy once again shows the ambition of China government to boost the software industry. And the following is the interpretation on the Policy from Bridge IP Commentary:

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