Recently we are dealing with two interesting cross-border divorce cases. The parties to the divorce don’t have habitual residence in China but they have real properties situated in China that need to be divided and partitioned. An interesting legal issue regarding the choice of applicable law appears here that doesn’t seem to be clear in judicial…
On January 17, 2020, China State Tax Administration (CSTA), issued an announcement regarding personal income tax on income sourced from overseas by its tax residents.
A few takeaways from the announcement.
I. China Tax Residents
As the same with definitions of other jurisdictions, a tax resident of one country doesn’t have to be the citizen of that …
I have written quite a few posts back in regard of foreigners inheriting estates in China:
How a foreigner inherit properties in China
Inherit Personal Properties in China
China Estate Planning: how to Deal with Your China Assets Generally
There are quite a few more articles in that regard, pls use the blog search function to locate them.
None of those posts have…
My second video on YouTube channel (China Family and Business Laws) talking about how a foreigner or Chinese living outside of China should consider when they make a will for their assets in China.
I am still trying to accept my own voices and sounds when I find a bit strange. 🙂
Ok, here is the link if you wish to listen, and you are welcome to subscribe this Channel …
I know I should have done this much earlier, as part of my digital marketing efforts. However, to launch a YouTube channel posting videos is so much different from just writing posts esp when I have to speak English in the video.
But I understand a live person in the video will present a much better impression on audience. People who may need our help may have serious…
As you know from posts on this blog, we deal a lot with inheritance issues on behalf of foreign clients with respect to estate properties in China. Very often, such inheritance of properties (typically real estate properties) will end up in a co-ownership of the properties by two or more heirs or beneficiaries. Well, if the co-owners are on good terms, everything…
Years ago, when I talked with a foreign lawyer friend who used to work in China law firm about cross-border divorces, he mentioned about his parents divorcing across USA-Israel borders, emphasizing the importance of choosing the favorable jurisdiction to litigate. When I started to focus more on cross-border family laws, I have …
It is not a rare phenomenon: your elderly parents in China is being taken care of by a remote relative while you are overseas; after your parent dies and you think of carrying out inheritance of the estate properties (real estates, bank deposits), to your big shock, that relative (whether cousin or someone else) produces a will out of the blue which says that your…
Very often we get inquiries from foreigners pertaining to purchase of China properties in the name of their Chinese girlfriend or wife for the reason that they are not qualified to purchase properties in China (China has placed restrictions on foreigners buying properties in China ever since 2006). But they are concerned about losing the property once their…
With more and more foreigners working and living in China, we have received quite a number of inquiries from foreigners in China who wish to divorce in China with their spouses who are also foreigners.
But what is the take of Chinese courts regarding jurisdiction over such cases? In other words, if such a case is submited to China courts for resolution, will China…
We are approached by a potential client inquring about an interesting situation: he and his mom are both living in Hong Kong, but his mom was actually incapacitated for some time and virtualy bedridden; now his mom has a property in down town Shanghai, French Concession Area, worth millions of dollars; he wants to sell the property to suppport the family and his…
I have to say congratulations to our own team! We have just closed a great deal for our client in selling their house in downtown Shanghai, the French Concession Area （法租界）.
The three-story house is the client’s ancetral property that has been built for almost 100 years, a western styled building in the best location of Shanghai. What’s more, this…
We have been helping and advising a good number of clients over the years who are the executors in wills made outside of China by testators, in regard of the administration and distribution of estates (real estates, corporate shares and bank deposits) located in the mainland of China.
Unfortunately in most cases, foreign executors would find themselves ending…
Just approached by a client from Southeast Asia who inquired about inheriting his Dad’s estate in China, a real property in Shanghai.
He contacted me because he felt suspicious of something that must have gone wrong about his current lawyer working on the inheritance matter. It has been almost a year and the client has spent most of their budget for the …
Part of the estate planning services always concerns the caring of the elderly people. After all, we are all getting old each day and we all probably lose capacity to act on our own some day in the future.
Guardianship is the legal system designed for people of no or limited capacity due to young age or loss of mental capability, so that their interests are being taken…
China has enacted its long-awaited Foreign Investment Law this March but will only come into effect as of January 1, 2020. So far this law is warmly welcomed and hailed at large by the international communities.
Well, there are a lot of comments on the Law and its impact and implications on existing and future foreign investment in China. But hardly is there any…
Pretty often I am approached by clients or by foreign peer attorneys inquiring about how they should deal with their China properties when they divorce in a foreign jurisdiction.
Some of them are too late when they call me. Kate (not the inquirer’s true name) is one of them.
She has been living with her husband in California for many years and now is the process…
Over the last 10 years, I and my team have been offering legal services related to inheritance and estate planning for clients from many other countries outside of China. We have written a number of posts on this blog in that regard.
As per request from an American lawyer, Ms. Jiah Kim, who specializes in cross-border estate planning catering to her American clients,…
In China, today is the first day of China lunar new year of pig.
The whole country is in a happy mood. A 7-day holiday has started from yesterday. A lot of celebration activities are going on in all parts of the country, from Beijing China Central Television to local TV stations, from big cities to small towns.
China Lunar New Year or Spring Festival is a time for family…
International or cross-border marriages in China and with Chinese have been on steady rise in the past, and thus international or cross-border divorces have seen increase as well in China. We have been repeatedly approached by clients who wish to divorce in China with his or her spouse that is also a foreigner.
With regard to divorce (without regard to child …