China's Luxury Sector: Is the Open Door About to Get Wider?
Chinese authorities may soon make another significant step in
1.
The potential for further
growth in
¡¤ China luxury market is expected to
reach an annual turnover of more than Euro 20 billion by 2015, accounting for
over 20% of the global market, overtaking Japan as the world’s largest luxury
market;
¡¤ The three categories of products
representing the biggest share of
¡¤ Western luxury brands are expanding
their presence, both in number of retail points and cities/provinces covered,
at an increasing speed;
¡¤ Luxury consumers in
2. The regulatory and
tax framework of
The retail sector has been
subject to a rapid and substantial liberalization, with foreign investors
currently enjoying an almost boundless freedom to structure their
We provide a summary of the
three most common legal structures used by foreign investors in their retail
operations in
STRUCTURE |
+ |
- |
Wholly foreign owned enterprise |
Rapid set up procedure (in most cases local
authorities are in charge of the approval, which approval can be obtained in
less than 8 weeks) Wider freedom in managing the Chinese
operations |
Necessity to build a retail/sale network and
client base from scratch |
Franchise |
Lower costs and business risk |
Material risks of IP infringements or frauds
by the franchisee |
Joint Venture |
Possibility to leverage the experience and
connections of the local partners (e.g., lower rent costs, smoother
relationships with local authorities) |
Higher risks of IP infringements Lower degree of freedom in managing the
Chinese operations |
The second biggest obstacle,
after IP infringements, encountered by Western luxury brands operating or
interested in operating on the Chinese market is represented by the heavy
taxation of luxury products.
In line with the socialist
spirit maintained throughout the thirty years of Chinese reforms, the ban on
the import of luxury products has been replaced over the time by high tariffs
on the imports of such goods, with rates adjusted (increased or decreased),
depending on the attitude of the rule makers in Beijing. Products such as
French cosmetics, Italian leather handbags or Swiss watches are subject not
only to VAT and consumption tax (similarly to the same products manufactured in
In order to provide a rough
idea of the taxation imported luxury goods are subject to under Chinese tax
regulations, we provided in the chart below some examples summary of the three
most common[2]:
PRODUCT |
Vat[3] |
Consumption
tax |
Import
duty |
Total[4] |
Luxury cars |
17% |
40% |
25% |
82% |
Cosmetics |
17% |
30% |
25 ¡ 50% |
72% ¡ 97% |
Yachts |
17% |
10% |
10% |
37% |
Golf equipment |
17% |
10% |
10% ¡ 14% |
37% ¡ 41% |
Leather bag |
17% |
0% |
17% |
34% |
Jewellery and precious stones (other than gold, silver, platinum |
17% |
10% |
8% ¡ 24% |
25% ¡ 41% |
Gold, silver, platinum and diamond
jewellery |
17% |
5% |
10% ¡ 35% |
31% ¡ 56% |
3. MOFCOM’s
announced measures
During a press conference held
in
Based on the information
released by MOFCOM, in the coming months import duties will be lowered so as to
have all rates comprised between a minimum of 2% and a maximum of 15%.
4. Conclusions
Few doubts seem to exist on
the fact that
Footnotes: [1] McKinsey & Company, “Understanding China’s Growing Love for Luxury”, 17 May 2011. [2] The complete list of goods subject to consumption tax is significant longer and the rates vary on the basis of certain factors (e.g., percentage of alcohol in the case of spirits, cylinder capacity in the case of vehicles). [3] Businesses other than manufacturing activities are subject to business tax instead of VAT. Business tax is a non-recoverable turnover tax imposed in China at a rate ranging between 3% and 5%, or 20% in the case of entertainment activities. [4] For reference only. With regards to a given product, the calculation of VAT, consumption tax and Import duties varies significantly. |