V. The State Administration of Taxation Issued Measures for Administration of Enterprises Income Tax on Incomes from Policy-based Relocation.
Recently, the State Administration of Taxation issued the Measures for Administration of Enterprises Income Tax on Incomes from Policy-based Relocation (hereinafter referred to as the “Measures”), which take into effect on 1st of October, 2012, meanwhile, the Notice of the State Administration of Taxation on Relevant Issues Concerning the Enterprise Income Tax on Incomes from Policy-based Relocation or Disposal of Assets (Guo Shui [2009]118) was abolished. The Measures define the income, expenses, taxation treatment of asset and others concerning relocation. The policy-based relocation of an enterprise refers to an enterprise wholly or partly relocates according to the lead of the government in consideration of the requirements of social public interests, such as diplomacy, the implementation of energy, water conservation, transportation and other public utilities and affordable housing project and so on.
(From the website of the State Administration of Taxation)
VI. Shanghai has Extensively Launched the Pilots of Carbon Emission Trade.
The Shanghai Municipality held a meeting to initially launch the pilots of carbon emission trade on 16th of August, 2012. In November, last year, the National Development and Reform Commission decided to develop pilots of carbon emission trade in 7 provinces and cities including Shanghai and Beijing during the period from 2013 to 2015. In recent, the Shanghai Municipality has made and distributed the Opinions on Implementation of the Work of Development of Pilots of Carbon Emission Trade. According to the overall plan, the enterprises whose annual carbon emission load is more than 20,000 tons in the industries of steel, petroleum, chemistry, non-ferrous metals, electric power, building materials, textiles, paper, rubber, chemical fiber and others, as well as the enterprises whose annual carbon emission load is no less than 10,000 tons in the industries of aviation, ports, airports, railways, commerce, hotel, finance shall be the pilots. For the other enterprises or the enterprises whose annual carbon emission load becomes up to 10,000 tons during the period, they shall apply the system of report of carbon emission.
In all, there are 200 enterprises are listed as pilots and more than 600 enterprises apply the report system in Shanghai. In Shanghai, the main trade object is the carbon dioxide emission quota, in addition, some greenhouse gas emission reductions certified by the State or Shanghai Municipality as supplementary can be involved into the trade system. The Shanghai Municipality will distribute pilot enterprise initiate carbon emission quota for fee during the implementation of pilot. The pilot enterprise shall carry out supervision of annual carbon emission and make report, and be verified and examined by a third-party institution.
(From the website of the Shanghai Municipal Government)
VII. The Draft of Guidelines for Anti-monopoly Enforcement in the area of Intellectual Property is being Discussed.
It is reported that the fifth draft of Guidelines for Anti-monopoly Enforcement in the area of Intellectual Property (hereinafter referred to as the ”Guidelines”) drafted by the State Administration of Industry and Commerce was published in the International seminar regarding to the issues concerning the implementation of Anti-monopoly law held on 14th of August, 2012. Anti-monopoly in the area of Intellectual Property mainly refers to “to take advantage of Intellectual Property to eliminate and limit market competition”. The Guidelines cover prohibition of discriminatory refusal to license, adding conditions against other’s willing, conspiracy agreed by operators and others. The draft of Guidelines is initiated in 2009, and the fifth draft of Guidelines still has a large room to be changed and developed, therefore the promulgation is still uncertain.
(From the website of the State Intellectual Property Office)
VIII. The China Securities Regulatory Commission (CSRC) Issued the Draft of Interim Measures for Administration of A Listed Company’s Employee Stock Ownership Plan to Ask for Public Opinions( the “Draft for Public Opinions”)
The CSRC issued the Draft for Public Opinions on its website on 4th of August, 2012. The feedback deadline has ended on 17th of August, 2012.
(From the website of China Securities Regulatory Commission)
This essay is quoted from DeBund Newsletter of September.
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