Peng Tao is Of Counsel in DLA Piper’s Tax group, based in the New York office. Prior to joining DLA Piper, Mr. Tao worked for two other international law firms in their Beijing and Palo Alto offices. He focuses his practice on PRC tax and transfer pricing, mergers and acquisitions, foreign direct investment, and general corporate and commercial issues in China. Mr. Tao has published numerous articles and spoken on PRC tax and transfer pricing issues.

Before entering private practice, Mr. Tao worked for the Bureau of Legislative Affairs of the State Council of the People’s Republic of China from 1992 to 1997. His main responsibilities were to draft and review tax and banking laws and regulations that were applicable nationwide.

Representative Matters

• Reviewed the China operations structure of a US-based Global 500 company and advised on setting up a holding company
• Advised a US-based Fortune 500 company in restructuring its PRC subsidiaries from the tax side
• Advised a US-based Fortune 500 company in relocating its PRC subsidiaries from the tax side
• Advised a US-based Global 500 company in acquiring a privately owned Chinese company group from the tax side
• Advised a Canada-based Global 500 company on its investment in the Chinese capital market from the tax side
• Advised a China-based Global 500 company on selecting various importation models from the tax side
• Advised a US-based Global 500 company on implementing its stock option plans in China
• Assisted a US-based Global 500 company in its bidding to acquire a foreign-invested food company in Shanghai
• Assisted a Europe-based Global 500 company in exploring the opportunity to acquire a Chinese state-owned automobile manufacturer
• Assisted a US-based Fortune 500 company in acquiring a beverage company in Beijing
• Assisted a US-based Fortune 500 company in establishing a transportation facility in Shanghai through a built-to-lease arrangement
• Assisted a US-based private investment company in acquiring state-owned enterprises in northwestern China
• Assisted North America-based companies in setting up joint ventures or wholly foreign-owned enterprises in China
• Assisted multinational companies on transfer pricing reviews of their China operations
• Assisted private equity funds in merger and acquisition transactions in China
• Advised North America and European companies on cross-border technology licensing
• Advised multinational companies on a wide range of PRC taxes issues involving income tax, indirect taxes (VAT, consumption tax, and business tax), individual income tax, customs duty, and other taxes in cross-border transactions and China operations

Admissions

• New York

Memberships

Publications

• Co-author, “China Clarifies Applicability of Tax Incentives Under Old EIT Law,” Worldwide Tax Daily, March 2008
• “Is It a Good Time to Form a Chinese Partnership Enterprise - a Brief Examination of Chinese Partnership Tax Rules,” China Tax Intelligence, October 2007
• “Amended P.R.C.-Singapore Tax Agreement Enters Into Force,” Tax Notes International, October 2007
• “China Ratifies Tax Agreement With Algeria,” Tax Notes International, October 2007
• “SAT Clarifies Tax Treatment of Sale, Leaseback Transactions,” Tax Notes International, July 2007
• “Transfer Pricing Investigation Procedures Standardized,” Tax Notes International, May 2007
• “People’s Republic of China: 2006 Year in Review,” Tax Notes International, December 2006
• “SAT Clarifies Rules on Profits Attributable to PEs,” Tax Notes International, November 2006
• “China Clarifies Constructive Dividend Treatment for Transfer Pricing Adjustments,” Tax Notes International, October 2006
• “Notice Clarifies Tax Treatment of Stock Options,” Tax Notes International, October 2006
• “Recent Tax Agreements Reflect New Policies,” Tax Notes International, September 2006
• Co-author, China Chapter, BNA Tax Management Transfer Pricing Report (Special Report for Asia-Pacific Countries), The Bureau of National Affairs, February 2006
• Co-author, “People’s Republic of China: 2005 Year in Review,” Tax Notes International, January 2006
• Co-author, “Structuring an Appropriate Transfer Pricing Policy in China,” Asia-Pacific Tax Bulletin, November/December 2005
• Co-author, “Asia Transfer Pricing Guide: China (2005 Update),” International Tax Review, September 2005
• Co-author, “People’s Republic of China: 2004 Year in Review,” Tax Notes International, January 2005
• Co-author, “Simplifying Business Tax Exemption Procedures for Technology Transfer,” China Legal Developments Bulletin, October 2004
• Co-author, “Asia Transfer Pricing Guide: China,” International Tax Review, September 2004
• Co-author, “Beware: Clean Up of Development Zone Tax Policies,” China Corporate Compliance, February 2004
• Co-author, “Taxation in China: a Review of Recent Developments,” China Corporate Compliance, February 2004
• Co-author, “People’s Republic of China: 2003 Year in Review,” Tax Notes International, January 2004
• Co-author, “P.R.C. Implements New Taxpayer Classification System,” Tax Notes International, September 2003
• Co-author, “P.R.C. Tax Bureaus Clarify Tax Administration Policies on Representative Offices,” Worldwide Tax Daily, August 2003
• Co-author, “Tax Incentives for Additional Investments and Reinvestments in China,” International Transfer Pricing Journal, March 2003

Seminars

• Panelist, 2006 Asia Pacific Transfer Pricing Conference, Shanghai and Tokyo, February 2006
• Panelist, 2005 Asia Pacific Tax Conference, Hong Kong, November 2005