New tax policy could prove expensive for multinational companies

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clpstaff &clp articles

Multinational companies in China may have to choose between a heavy tax hit and the risks of local employment contracts for expat workers

Expatriate workers are a valuable asset for many multinational companies in China. Those companies often assign specialists or senior executives to the country for one or two years. During that secondment period, few companies localise the workers, preferring instead to keep them on home contracts and benefits packages.

Companies do this for a variety of reasons – often it is simply a matter of convenience, but frequently the it is done to preserve the employees' social security benefits back home during the relatively short time that they are in China (this is particularly true in the case of US companies). It also keeps contract issues simple, and avoids the strongly employee-weighted provisions of the PRC Employment Contract Law (中华人民共和国劳动合同法).

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