Erroneous Tax Residency Risks

Due to global implementation of common reporting standard (CRS) and automatic exchange of information (“AEOI”), financial institutions (“FIs”) are required to conduct due diligence on tax residency certificate holders to ascertain their tax residency, and accordingly whether certain information of the financial accounts of the account holders is required to be exchanged to foreign tax… Continue reading Erroneous Tax Residency Risks

Housing Benefits & Allowance in Hong Kong

Housing benefits received by directors/employees from employers or the employers’ affiliated corporations are generally subject to salaries tax in Hong Kong unless an offshore/exemption claim on their directors’ fees/employment income can be satisfied. However, the salaries tax can be potentially mitigated in most circumstances in case the housing benefits are provided in the form of… Continue reading Housing Benefits & Allowance in Hong Kong

Financial due diligence in an M&A transaction

Due diligence is the best way to assess the value of a business, the associated risks and whether the transaction is viable when a company is considering an M&A transaction. There are several types of due diligence, the most commonly known being financial and legal due diligence. Legal due diligence reviews licenses, contracts, warranties and… Continue reading Financial due diligence in an M&A transaction

The End of the Offshore Regime in Hong Kong?

The OECD is currently working on a new proposal to further address the Base Erosion and Profits Shifting (“BEPS”) project. The BEPS project itself was launched to prevent multinational enterprises (“MNEs”) from the exploitation of gaps and mismatches in tax rules by artificially shifting profits from high to low or no-tax locations where there is… Continue reading The End of the Offshore Regime in Hong Kong?

Hong Kong placed on EU ‘Grey List’ due to double non-taxation concerns

As expected, on 5 October 2021, Hong Kong and a few other jurisdictions* have been placed on the Grey List of Non-Cooperative Tax Jurisdictions (“Grey List”) by the European Union (“EU”). This is due to the EU’s concerns of double non-taxation of foreign-sourced passive income, such as interests and royalties, under Hong Kong’s territorial source system.

A Guide to obtaining Certificate of Resident Status in Hong Kong

Certificate of Resident Status (CoR) (居民身分證明書) is a document issued by the Hong Kong Inland Revenue Department (IRD) stating that the applicant, who can be an individual or an entity, is a Hong Kong tax resident under the double tax agreement (DTA) between Hong Kong and a particular foreign tax jurisdiction for a particular calendar… Continue reading A Guide to obtaining Certificate of Resident Status in Hong Kong

 

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