Understand China’s cross-border e-commerce industry: a market entry mode

Cross-border e-commerce is emerging explosively globally while China as the world’s largest trading country is gradually shifted its traditional trading market to the online marketplace to fit new retail norms of buying online across borders. The supply-demand dynamism and infrastructure readiness are two key drivers governing the exponential growth; however, multiples factors including cultural differences in consumer behaviour, unstructured laws and regulation, the inefficiency of transformed value chain management, limitation on currency payment, and distancing logistics remain unsolved challenges. Hence, this paper aims to deliver some key takeaways for the foreign company to take advantage of cross-border e-commerce as the channel to entering China’s consumer market. Using a combination of various keywords as the searching formula, a total of 17 relevant papers exacted from the Scopus database is in inclusion for the reviewing works. Only the journal paper published in the year 2021 and the content is highly relevant are included. From there, four predominant themes identify are the national-based regulatory environment, market-driven value creation, service-based ecosystem reformation, and digitally drive business transformation. Viewing the huge market potential, cross-border e-commerce is, therefore, a good start points for the foreign company to step into China market.

Global Firms and Global Sheriffs? Why Territory Matters for Extraterritorial Enforcement of Regulatory Regimes

International regimes demand states regulate private companies to ensure better governance of markets. Although global firms can evade regulations creating complex ownership structures, a few countries enforce their laws extraterritorially. They prosecute firms regardless of their nationality, like “global sheriffs”. However, these countries only prosecute a fraction of the foreign firms under their jurisdiction. I study this phenomenon focusing on US extraterritorial prosecution. I argue that US authorities are more likely to prosecute foreign companies with US investment. Formally, this is no requirement for the application of American regulations. Yet, it exposes a foreign company to the local public opinion. US prosecutors exploit induced reputational cost to obtain cooperation and retrieve information to build a case. My empirics leverage novel firm-level data on law enforcement under the anti-bribery regime. US authorities are 0.26 more likely to investigate a suspect foreign company when it has investment in the US.

Review of case law on notification of tax authorities on the controlled foreign companies

This article is dedicated to revelation and analysis of the gaps in legal regulation of profit taxation of controlled foreign companies (CFC) and notification of tax authorities on the controlled foreign companies via examining the available case law. The author determines six types of legal disputes that arise in the context of submission of participation notices in CFC, as well as CFC notices. Analysis is conducted on the methods of elimination of gaps in legislation of the Russian Federation on controlled foreign companies by introduction of point amendments to the current legislation on CFC. Settlement of legal disputes over interpretation of the Paragraph 7.1 of the Article 309.1 and Subparagraph 2 of the Paragraph 1 of the Article 25.13-1 of the Tax Code of the Russian Federation requires supplementing the Article 25.14 of the Tax Code of the Russian Federation with the Paragraph 3.2 of the following content: “The obligation on submitting the CFC notice does not depend on the financial results of CFC. The existence of tax exemption does not relieve of the duty to provide CFC notice”. The disputes often arise when the taxpayers default the submission period, and after receiving a request from the inspectorate, provide data for not only the companies listed in the request, but other companies as well. For avoiding any related disputes, it is recommended to supplement the Paragraph 2 of the Article 25.14 of the Tax Code of the Russian Federation with the following content: “A revised notice cannot be submitted with regards to CFC, the information on which was not provided in the initial notice”. In order to minimize the actions of inspectorate “with unacceptable formalism”, it is recommended to supplement the Article 129.6 of the Tax Code of the Russian Federation with the Paragraph 3 of the following content: “Submission of incomplete information or information containing technical or orthographic errors, which do not obstruct the identification of foreign company, are not considered a tax crime”.

International development of the concept of taxation of a permanent representation of a foreign company as an “independent taxpayer” and the experience of its application in the Russian Federation

The subject of this research is the development of the concept of taxation of permanent representations of foreign companies on the international level and its application in the Russian Federation. The object of this research is the permanent representations of foreign companies. The author examines such aspects of the topic, as the use of agreements on avoidance of double taxation, countering the tax base erosion, and the international approach towards taxation of the permanent representation of a foreign company as an independent participant of the market relations. Analysis is conducted on the need for amending the Model Agreement of the Russian Federation of 02.24.2010 No. 84 “On conclusion of intergovernmental agreements on avoidance of double taxation and on prevention of tax evasion on the income and property”. The author traces the transformation of attitude of international tax organizations towards the concept of permanent representation and substantiation of their choice of the concept of taxation of a permanent representation as an independent taxpayer. The scientific novelty is proven by the facts of application of this concept of taxation of permanent representation in the national legislation of multiple countries, international agreements on avoidance of double taxation, Russian national tax legislation and arbitration practice. The main conclusion consists in the response to the selected by the international tax organizations concept of taxation of a permanent representation. The author offers to amend the Model Agreement of the Russian Federation of 02.24.2010 No. 84 “On conclusion of intergovernmental agreements on avoidance of double taxation and on prevention of tax evasion on the income and property”.

Investment Arbitration in the Energy Sector

This chapter studies the role of investment arbitration in the energy sector, which has received increasing attention over the last decade. International energy investment accounts for a significant percentage of all global investments and makes up the largest portfolio of international arbitrations in the world today. Energy-related disputes can take many forms. They may occur between two states, two private parties, or a private party and a state—in which case they may relate either to an investment by a foreign company in a state or to a commercial contract between a foreign company and a state. The chapter considers only one type of energy-related dispute, namely investment disputes between a foreign investor and a state. It particularly focuses on arbitration, which represents ‘the most widely used form of dispute settlement between foreign investors and host States’.

ANALISIS KEPEMILIKAN ASING DAN NILAI PERUSAHAAN NON-KEUANGAN YANG TERDAFTAR DI BEI

This study aims to analyse impact of foreign ownership to value of non-financial companies listed on Indonesia Stock Exchange.The independent variables consist of Total Foreign Ownership, Foreign Institution Ownership, and Foreign Company Ownership. The variables control consist of size, age, dummy director. Variable dependent is Company Value, using Tobins'Q ratio. The research sample is 72 companies with purposive sampling sampling technique. Period of data is 5 years, from 2014-2018. Data panel regression using as data analysis method. The results showed that Total Foreign Ownership and Foreign Institution Ownership positively and still significantly at level of <15%. While Foreign Company Ownership has a positive but insignificant relationship to the value company. Size, Age, dummy director is not influence to value company. Penelitian ini bertujuan untuk menganalisis pengaruh kepemilikan asing terhadap nilai perusahaan pada perusahaan non-keuangan yang terdaftar di Bursa Efek Indonesia. Variabel independen terdiri dari Kepemilikan Asing Total, Kepemilikan Institusi asing, dan Kepemilikan Perusahaan Asing. Variabel kontrol terdiri dari Ukuran perusahaan, Umur Perusahaan, dan dummy Direksi. Variabel dependen adalah Nilai Perusahaan, diukur dengan Tobin’s Q. Sampel penelitian sebanyak 72 perusahaan yang ditentukan dengan teknik purposive sampling. Periode data 5 tahun, yakni dari 2014-2018. Metode analisis data yang digunakan adalah regresi data panel. Hasil penelitian menunjukan Kepemilikan Asing Total dan Kepemilikan Institusi Asing berpengaruh positif dan masih signifikan pada tingkat < 15% terhadap Nilai Perusahaan. Sementara Kepemilikan Perusahaan Asing memiliki pangaruh positif tetapi tidak signifikan terhadap Nilai Perusahaan. Ukuran Perusahaan, Umur Perusahaan, dan dummy direksi tidak berpengaruh terhadap Nilai Perusahaan.