Stephen Nelson On November 6 2008, the PRC state administration of taxation (SAT) issued a circular regarding withholding tax by the PRC resident enterprises on distributing H-share dividends to overseas non-resident enterprise shareholders, Guoshuihan [2008] number 897. H-shares refer to shares of PRC companies listed on overseas stock exchanges (primarily Hong Kong). According to this circular, when a PRC resident enterprise pays dividends for the year 2008 and any subsequent year to an overseas H-share non-resident enterprise shareholder, a 10% tax must be withheld on the dividends paid. The dividend recipient can thereafter, either by itself or through an agent or through the PRC resident enterprise distributor, apply to the relevant tax authorities for any tax refunds in accordance with an applicable tax treaty, if any.
February 01 2009