Employers that would like their employees to stay with the company for a long time and/or want their employees to achieve certain performance targets, may offer those employees (conditional) shared-based benefits, such as share options and share awards. Employees need to be award of the share option taxation system in the jurisdiction. One has to… Continue reading Share Option & Award Gains Tax in Hong Kong
The Organisation for Economic Co-operation and Development (OECD) and the G20 decided to address intellectual property taxation within the Base Erosion and Profit Shifting project by means of discussing appropriate transfer pricing rules. One has, therefore, to be aware of the potential intellectual property tax risks and challenges that could be made by the tax… Continue reading Intellectual Property Tax Implications & Planning
As from 1 January 2018, Mainland China has introduced its first environmental tax law, the Environmental Protection Tax (the “EPT”) law. The EPT replaces the existing pollutant discharge fee (“PDF”) system, which was in operation for nearly the last 40 years. The main difference between the PDF and the EPT is that the former is… Continue reading Mainland China Environmental Tax
Income recipients are usually required to obtain a certificate of resident status (“CoR”) from the relevant tax authority. As such, the CoR is one of the most important documents for the purpose of enjoying the tax benefits offered in the DTAs. This is necessary n order to be entitled to certain tax benefits granted under… Continue reading Certificate of Tax Resident Status – Is Your Company Able To Obtain It?
Global mobility has allowed more and more companies to request their personnel to carry out work duties outside the companies’ home tax jurisdiction. In the past, most working arrangements abroad were rather permanent, nowadays jobs are also performed on an assignment/secondment basis or on a commuter basis or even as a combination of these latter… Continue reading Global Mobility Issues from a Corporate & Income Tax Perspective
On 21 December 2017, the Chinese central government authorities issued a tax circular Caishui [2017] No. 88 (“Circular 88”) on China investment profits by foreign investors. According to Circular 88 and subject to conditions discussed below, foreign investors are allowed to defer payment of withholding tax on dividend income from equity investments in Chinese resident… Continue reading Mainland China Deferral of Payment of Withholding Tax on Investment Profits
In Hong Kong, we are somehow in the very ‘luxurious’ position not to have only 1 General Anti-Avoidance Rule provision (“GAAR”), but even to have 2 GAAR provisions. The first GAAR provision can be found in section 61 of the Hong Kong Inland Revenue Ordinance (“IRO”), and the second GAAR provision in section 61A of… Continue reading Hong Kong General Anti-Avoidance Rules
The charging provision of profits in Hong Kong, detailed in article 14 of the Inland Revenue Ordinance (IRO), might be considered as simple by ‘outsiders,’ it is far from straightforward, as the charging provision can be open to many different interpretations. As a result, even the most straightforward cases regarding capital receipts and gains can… Continue reading Aviation Fuel Supply v CIR: Capital Receipts & Gains Dispute
Taxation is a part of life, but how it is applied can vary significantly from one jurisdiction to another. Hong Kong, with its relatively low, simple and straightforward tax structure, stands out as a preferred location for businesses and individuals alike. In this article, we’ll explore what taxation is, its role in society, and why… Continue reading Taxation in Hong Kong
While tax avoidance is lawful, crossing the line into tax evasion can lead to serious penalties.
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