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  Foreign Investments in China: Who Gains? Who Loses? (Part 2) PDF Print E-mail

Secrets for making "losses" in China

The above tax avoidance and evasion practices, to some extent, are a natural result of globalisation and cross boarder investments. But the income tax incentive policy provided by the Chinese government has been obviously applied in a much wider sense, leading to some chaos in the economy. On one hand, there are more than 60% foreign companies in China making losses totalling $17 billion per year, while a handful of foreign companies have registered astonishing profitability at the same time. And most loss making foreign companies can continue to operate steadily, many of which are even "the more we lose, the more we invest". From a capital flow perspective, China is now in a state of swallowing a large and continuous inflow of direct investments from both real and fake foreign companies. But from a ownership perspective, China is now facing problems such as foreign buyout of Chinese enterprises, capital flight, money laundering and massive registration of resident companies in offshore financial hubs.            

 

Those hugely profitable enterprises often correspond to a number of foreign enterprises making chronic or sudden losses in China. For example, the previously mentioned Taiwanese food group made spectacular profits in its new entities in China, but its old entities in the same business in China were collectively shrinking in both operations and profitability. Because of the support of highly profitable overseas parents or onshore affiliated entities, these loss making foreign companies can continue to survive in China. Furthermore, in order to obtain tax benefits from reinvestments in China, many foreign companies are willing to pour more money into the country. Some foreign companies are busy with setting up new entities, so that profits can be transferred to these new carriers from old entities with tax exemption period expired. This is why there is a strange phenomenon in China that as the accumulated losses mounting, investment scales of foreign companies are snowballing.

 

Fake foreigners: Chinese residents transformed into foreign shareholders

 

For local Chinese companies, the "two-year exemption and three-year half" policy has given birth to a lot of fake foreign investors. There are three types of fake foreign companies. One is Chinese-related companies with real operations in Hong Kong, Macao or overseas countries, and they return to China to open foreign-funded subsidiaries for development purposes. The second type is that for overseas capital rasing purposes, such as listing on HK Stock exchange, local Chinese companies incorporate holding companies offshore and return to China by acquiring their original entities in Mainland. The third type purely relates to local Chinese companies seeking regulatory arbitrage, by registering a shell entity overseas and changing its identity to "foreign company".          

Because of the temptation of tax and land concessions, the third type of fake foreign companies has become very common in China. Not only Hong Kong, with its low tax regime, has become an inevitable place for Mainland Chinese companies to register shell companies, offshore tax havens such as BVI, Cayman, Samoa and Bermuda are also popular places for tax evaders and policy arbitrageurs. According to Ministry of Commerce, BVI, Cayman and Samoa have become China's 2nd, 7th and 9th FDI sources. How many percent of FDI to China belongs to fake foreign investments? The World Bank gave an estimate of 25% back in 1992, while many Chinese experts are estimating a figure above 33%.  
 
Foreign capital obsession: conflicts accumulating  

The above analysis has showed that while preferential treatments given to foreign companies have accelerated China's economic development, they have also created a lot of negative effects. The first effect is obvious, namely the huge and chronic lost of taxation receipts to the Chinese government, brought by massive related party transactions and capital reshuffling between new and old entities by foreign companies. The second effect is that due to excessive foreign investor concessions and GDP number obsessions, many local governments have failed to manage issues such as work injuries, environmental protections and minimum wages in foreign enterprises. This has lead to detriments of workers' legal rights and deterioration of local environments. The third effect is on local Chinese companies, whose development potentials have been damaged, and it in turn affects competitiveness of Chinese banks and their improvement in their bad debts. This also accelerates the process of Chinese companies being acquired by foreign companies, creating more channels for capital flights in the future. The last negative effect relates to international trade imbalances, making China the prime target for international anti-dumping allegations in 12 consecutive years.  
 
In export trades, despite improvement in the proportion of genuine Chinese suppliers, foreign company-related exports are still more than 60% of total trade turnovers of China. In the globalized economy, the most profitable parts of the value chain, such as brand, technology and sales, are still controlled by foreign companies, while Chinese companies can only obtain meagre processing fees. On the other hand, China has become one of the few countries to face unfair allegations over trade conflicts and commodity demands.
 
Finally, the continuous inflow of real and fake foreign investments and associated foreign debts, have exacerbated China's current account imbalance. As we can see from the above analysis, situations such as FDI, thin capitalisation, offshore profit transfer to new entities, loss-making old entities borrowing from overseas to fund working capital, fake foreign companies bringing in foreign currencies and capital injection from overseas incorporated Chinese companies, will all create normal and abnormal inflow of capital to China, destabilizing current account balances and exchange rates.           
 
To solve the increasingly conspicuous conflicts, and in light of the growing Chinese companies, deteriorating environment, massive foreign exchange reserve and ample liquidity among the banking system, we suggest that China should adjust its foreign investment policies as soon as possible. As the general outlook on Chinese economy is positive, governments should not worry about withdrawals of foreign investments, as long as there are no discriminative stances in land and taxations policies. From now on, taxation concessions should be directed by industry policies and technologies and available to both eligible foreign and local companies. Any preferential tax treatments should be an effective tool for introducing new technologies, promoting national brands, encouraging innovations, protecting environment and improving trade balances.  
 
Source: www.southcn.com
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