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Jia（Penny）Pan
Pan Jia Partner
Cross-Border Investment and Trade
Corporate and M&A
Dispute Resolution
Criminal Law
Detailed introduction
Penny Pan, LL.M. of Fudan University. Now she serves as a member of the Beijing Dentons (Shanghai) Committee of the Communist Party of China, Deputy Director of the Pudong New Area Lawyers' League Committee of the Communist Youth League, Director of the Dentons Shanghai Youth League Committee, Member of the Free Trade Zone Industry Committee of the Shanghai Lawyers Association, Deputy Director of the Dentons Shanghai Company Department, Vice President and Secretary General of the 2nd Women's Law Federation Council of Dentons Shanghai, Vice President of the Legal Alumni Association of Fudan University, and Deputy Secretary General of the Customs and Foreign Law Research Center of Fudan University.
The main practice area of Penny is customs and import-export trade tax planning. During her over ten-year career, she has been providing legal services related to customs classification, valuation, and import-export compliance review to various clients, including governments, Fortune Global 500 firms, foreign law firms and accountancy firms. She has advised on many influential cases in the area, such as the first customs classification case in China supported by WCO; the administrative review which led GACC to revoke its decision to levy an additional tax of 400 million RMB and the dispute related to preferential tax rates based on the country of origin, resulting in a tax refund of 40 million RMB for the company involved. Her achievements have contributed to the advancement of tax legislation in China. She also participated in the compilation of Tax Law and Case Review VI.
Penny serves every client with a dedicated and responsible attitude. Rely on a solid legal foundation and rich practical experience, she breaks the inherent thinking in the process of handling difficult and complex cases. Through strict legal analysis and interpretation, combined with good communication with customs and other administrative departments, she strives for the best interests of the clients and establishes industry benchmark cases. It has greatly maintained the customer's corporate image and business interests, and won the trust and recognition of corporate customers.
Dealing with an administrative review of customs valuation case, which led GACC to revoke its decision to levy an additional tax of 400 million RMB.
Dealing with resolved significant tax refund dispute for a major global pharmaceutical and healthcare product manufacturer from the Fortune 500 list on preferential tax rates based on the country of origin, resulting in a customs refund of 40 million RMB. This case has promoted the legislation process of China’s customs.
Dealing with a case involving a Fortune 500 company, where the company faced a significant export tax refund dispute due to using different tariff codes for exporting electronic materials through multiple ports. Assisted the company in communicating with customs, drafting legal documents, and helped the company avoid criminal penalties and downgrading measures, ensuring the normal operation of the company.
Dealing with a case for a trading company involved in exporting metal products, where an incorrect declaration of tariff codes led to additional tax claims and allegations of smuggling ordinary goods as criminal offenses.
Dealing with a case for a leading company in the metal cabinet industry, where the company faced a significant amount of additional tax claims, export tax refunds, and administrative penalties due to the misuse of tariff codes.
Dealing with a case for a multinational corporation involved in a criminal case related to alleged smuggling of ordinary goods due to product classification issues. The Jiangsu Provincial Higher People's Court granted a reply of "not guilty" in this case.
Dealing with a Japanese listed company that was investigated for anti-smuggling due to false HS declaration at the Shanghai port. Won an announcement by the General Administration of Customs to recognize that the HS CODE of the client was correct, and helped the client to avoid the risk of tax rebates and administrative penalties.
Dealing with one classification dispute, which a multinational company imported goods at multiple ports in China. Assisted the company to obtain WCO support confirming that the company had no false declarations. The centre of classification of GAC issued guidelines on commodity classification and included it in the national commodity information database. At the result of the effort, there was no criminal or administrative responsibility to the client.
Dealing with a Japanese-funded enterprises in the case of adjusting royalties at the Shanghai port. After repeated communication with the Tax Administration, only 1/20 of the estimated amount was paid to close the case, saving millions of taxes for the enterprise.
Dealing with large-scale French-funded enterprises in the case of adjusting royalties at the Shanghai port. Helped the company to save tens of millions of yuan in taxes. At the result of the effort, there was no taxes and penalties were imposed.
Dealing with a case for a global Fortune 500 company engaged in the import, assembly, and sales of heavy machinery and parts, which faced a significant customs case involving "fragmented imports" and "disintegration of goods," resulting in substantial additional tax claims and fines.
Dealing with a case for a Japanese-owned processing and trading company, where an audit conducted upon departure revealed a significant shortage of materials. The company faced the risk of downgrading, administrative penalties, and criminal liability. Through a thorough customs self-audit and the issuance of a detailed internal control recommendation report, the company's business activities were standardized, and the risks were mitigated.
Acting as a defence lawyer for criminal suspects or units in a number of smuggling cases, involving large-scale machinery and equipment, pharmaceutical reagents, clothing accessories and other products, ensuring the maximization of the interests of the parties.
In addition, Penny also serves as a perennial legal counsel for a number of multinational companies, handling matters involving procurement contract disputes, export tax rebate, customs laws and foreign exchange laws.
• "Truthful Declaration or Correct Declaration: A Case of Smuggling Ordinary Goods" - Tax Law and Case Review VI
• "The Impact of Customs Clearance Integrated Reform on Goods Valuation" - Shanghai Bar Association
• "Key Compliance Points for Customs Franchise Fees" - China Business Law Journal
• "Key Compliance Points for Customs Franchise Fees" - China Business Law Journal (Commercial Law)
• "Analysis of Compliance Issues in the Export of Epidemic Prevention Materials" - LexisNexis Legal Business Newsletter
• "Analysis of the Reasons for Repeated Smuggling Offenses by Large Companies" - Dacheng Shanghai Official Account
2018.06-present Dentons Shanghai Partner
2009-2018.05 Hiways Law Firm Partner
Master of Law, FuDan University
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