The Hong Kong Inland Revenue Ordinance (“IRO”) imposes strict requirements for individual returns filings and aims at avoiding the filing of incorrect tax returns by the individuals. If those requirements are not met, the relevant punitive provisions empower the Commissioner of Inland Revenue, depending on: The nature and/or the degree of culpability of the offence… Continue reading Legal Consequences of Filing an Incorrect Tax Return
For the purpose of combating cross border tax evasion, Mainland China is one of the more than 100 tax jurisdictions which has committed to implement automatic exchange of information (‘AEOI’), by signing the Multilateral Convention on Mutual Administrative Assistance in Tax Matters in August 2013 and entering into the Multilateral Competent Authority Agreement on Automatic… Continue reading Automatic Exchange of Information for Tax Purpose in Mainland China
The Hong Kong Inland Revenue Department updated its practice notes in February 2020 to reflect the remedial interpretation of a marriage as delivered to include same-sex marriage as a consequence of the Leung Chun Kwong v Secretary for the Civil Service (2019) 22 HKCRAF 127 (“the Leung Case”). Let’s explore the case and the same-sex… Continue reading Same-sex Marriage Tax Implications in Hong Kong
The transfer of shares in a Hong Kong Limited Company (the “Company”) relates to transferring the ownership of a share(s) from one person to another. For these purposes, an Instrument of Transfer and Bought Sold Note must be stamped by the Hong Kong Inland Revenue Department Stamp Office. Together supporting documents and the amount of… Continue reading Transfer of Shares of A Limited Company
A certificate of Incumbency is a legal document that certifies the names of the relevant directors, officers, corporate secretary, and shareholders of a particular Hong Kong Limited Company (“the Company”). The document is either issued by a third party (a person who is not an employee, a director or a shareholder of the Hong Kong… Continue reading Certificate Of Incumbency For A Limited Company
Hong Kong adopts the territorial source system whereby only income arising in or derived from Hong Kong (referred as ‘onshore income’) is subject to profits tax pursuant to the general charging rule of Section 14(1) of the Inland Revenue Ordinance. In other words, income which is sourced outside Hong Kong (referred as ‘offshore income’) is… Continue reading Partial Offshore Tax Status in Hong Kong
A dormant company is considered to be a company which does not trade and has no significant transactions throughout a given timeframe. This should not be confused with the colloquial term “non-trading companies” as they are substantially different. A non-trading company means it is currently carrying out no business, but it does not mean it… Continue reading Dormant Companies in Hong Kong
The roles and duties of a tax representative and a tax agent vary in different countries and different terms are used. Generally, a tax representative operates as the client’s company and the tax agent operates representing its own name. Nevertheless, both operate on behalf of the client’s company and can discharge the assigned legal duties.… Continue reading Tax Representative, Tax Agent & Tax Accountant
Until the 2nd of March 2014, section 4 of the previous Hong Kong Companies Ordinance Cap. 32 (‘Cap.32’) required every company incorporation in Hong Kong to have a signed Memorandum of Association (the ‘Memorandum’), whereas section 9 of Cap. 32 allowed a company limited by shares (e.g. a limited company) to register together with its… Continue reading Articles of Association & Shareholder Agreements
Many of us have heard or might even have read about the taxation of the digital economy. This not only because the Organisation for Economic Co-Operation and Development (‘OECD’) and the European Union (‘EU’) both have issued reports on this matter, but also because it has become a ‘hot topic’ within the society itself that… Continue reading Digital Economy & Taxation
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