国际税务

Hong Kong adopts a territorial basis of taxation. All individuals, whether a resident or non-resident of Hong Kong, are subject to Hong Kong Tax on Hong Kong sourced income.

Hong Kong adopts a territorial basis of taxation. All individuals, whether a resident or non-resident of Hong Kong, are subject to Hong Kong Tax on Hong Kong sourced income.

An individual is regarded as a Hong Kong tax resident if he/she (a) ordinarily resides in Hong Kong, or (b) stays in Hong Kong for more than 180 days during a year of assessment of for more than 300 days in two consecutive years of assessment.

A company is regarded as a Hong Kong tax resident, if the company is incorporated in Hong Kong, or if the company is incorporated outside Hong Kong, being normally managed or controlled in Hong Kong.

Hong Kong has entered into Comprehensive Double Taxation Agreements with 40 jurisdictions, to prevent double taxation and fiscal evasion, and foster cooperation between Hong Kong and other international tax administrations by enforcing their respective tax laws. A list of the comprehensive double taxation agreements currently concluded can be found on Inland Revenue Department's website at www.ird.gov.hk.

A certificate of resident status is a document issued by the Hong Kong Inland Revenue Department to a Hong Kong resident who requires proof of resident status for the purpose of claiming tax benefits under the Comprehensive Double Taxation Agreements.

Hong Kong has entered into Comprehensive Double Taxation Agreements with 40 jurisdictions, to prevent double taxation and fiscal evasion, and foster cooperation between Hong Kong and other international tax administrations by enforcing their respective tax laws. However, Hong Kong currently does not have a tax treaty with US. Nevertheless, Hong Kong has a Tax Information Exchange Agreement with US to combat tax evasion by providing effective change of information between Hong Kong and US.

Hong Kong transfer pricing came into force in July 2018, where it introduced a comprehensive legislative framework to govern how pricing for supply of goods and services between associated enterprises should be determine and implemented. Overall, Hong Kong transfer pricing laws follows the guidelines and policies set forth by the Organisation for Economic Cooperation and Development to combat erosion and profit shifting and to eliminate harmful tax competition among jurisdictions.

The determination of corporate residence (i.e. permanent establishment) is important for the purpose of a comprehensive double tax agreement. Whether a foreign corporation is carrying on a trade, profession, or business in Hong Kong and the source of profits are the decisive factors when determining taxability. For this purpose, if a foreign corporation has a PE in Hong Kong, it will be deemed as carrying on a trade, profession, or business in Hong Kong.

A permanent establishment is a fixed place of business through which activities of the company are carried on (including a branch and a place of management). In addition, a company is regarded as having a permanent establishment in Hong Kong if the company has an agent carrying on certain activities in Hong Kong.

Hong Kong tax authority can exchange information with another country's tax authority in two ways: (i) Automatic Exchange of Financial Account Information in which information are exchanged automatically between the tax authorities under the OECD model; and (ii) Comprehensive Double Taxation agreements/Tax Information Exchange Agreements in which information are exchanged manually (upon request) between the tax authorities.