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By virtue of the principle of non-interference in the management of companies (French Administrative Supreme Court, July 7 1958), French tax authorities are not allowed to assess the opportunity of a management decision in the place of the company manager

Polish government legislators are working on changes to the country's Corporate Income Tax Act in preparation for EU accession on May 1 2004. Parts of the Act could conflict with EU law, specifically sections relating to thin capitalization and transfer pricing.

Mikhail Khodorovsky, head of Russia's largest oil company Yukos, was arrested for alleged fraud and tax evasion on October 25 2003. The Russian government froze 44% of the company's shares on October 30 2003 to access their value if Khodorovsky is convicted of crimes and has to pay penalties.

Failure of a member state to fulfil obligations – Sixth VAT Directive – National legislation providing for a reduced rate for musical ensembles and soloists provided the latter organise the concert themselves.

Articles 5(8) and 6(5) of the Sixth VAT Directive – supply of goods or services – application of the rule to a particular type of civil-law partnership (Vorgründungsgesellschaft GbR) created for the sole purpose of setting up but not operating the business of a limited company yet to be formed and transferring that as yet non-operational business to it once formed – whether and on what basis either the partnership itself or the limited company enjoys a right to deduct input tax paid by the partnership on supplies received in the course of setting up the business.

Value added tax – Deduction of input tax – Conditions for the exercise of the right to deduct – Retroactive effect.

By Dr Michael Pfaar, Partner, German Tax Desk, Ernst & Young, Shanghai

We are delighted to have the opportunity to sponsor this China Country Guide for International Tax Review.

By Bill Seto, Partner, China Tax & Business Advisory, Ernst & Young, Shanghai

By Adrian Ball, Ernst & Young, Hong Kong