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Volume 1 Third Supplement

Publication Date: Mar 1977

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DIGEST OF CASES REPORTED

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  Decision No. Download
PROFITS TAX    

Additional tax in certain cases—Inland Revenue Ordinance, section 82A —incorrect return or false information supplied effectively understating income or profits chargeable to tax—no strict rule by which Commissioner determines amount of additional tax—Board will not disturb the additional assessment unless it is excessive   

BR23/75 Download BR23/75 (DOC) - English Download BR23/75 (PDF) - English

Cessation of business under contract and commencement of new business under a new contract—whether assessment should be in respect of year of cessation or previous year  

BR2/75 Download BR2/75 (DOC) - English Download BR2/75 (PDF) - English

Company acquired property fit for redevelopment but sold it without redevelopment—profits on sale assessed to tax—whether property was a capital or trading asset  

BR6/75 Download BR6/75 (DOC) - English Download BR6/75 (PDF) - English

Development company—profits on sale of shops on short leases —whether shops were trading or capital assets of company  

BR23/74 Download BR23/74 (DOC) - English Download BR23/74 (PDF) - English

Interest earned on credit extended to buyer of goods abroad—interest paid by bill of exchange accepted outside Hong Kong—whether interest derived from the Colony—Inland Revenue Ordinance, section 15(1)(f)   

BR20/75 Download BR20/75 (DOC) - English Download BR20/75 (PDF) - English

Investment company—property acquired for redevelopment— sale of part of redeveloped property to meet demand for discharge of overdraft account—no previous activity of acquisition of property for redevelopment and sale—whether profits derived from sale were accretions to capital  

BR9/74 Download BR9/74 (DOC) - English Download BR9/74 (PDF) - English

taxpayer agent of foreign company under terms of agreement made in Hong Kong—whether operations giving rise to profits took place wholly outside Hong Kong—place where contract made and place where operations undertaken of important consideration but each case should be judged by its particular circumstances—Inland Revenue Ordinance, section 14

BR2/75 Download BR2/75 (DOC) - English Download BR2/75 (PDF) - English
SALARIES TAX    

Additional assessment for salaries tax to include gratuity paid to taxpayer—whether gratuity should be brought into computation of his income for year of assessment or for subsequent year  

BR13/74 Download BR13/74 (DOC) - English Download BR13/74 (PDF) - English

Appellant employed by Hong Kong company to render services outside Hong Kong —appellant appointed director and chairman of company without additional remuneration—appellant not liable to salaries tax under section 8(1AX&) of the Inland Revenue Ordinance, Cap. 112  

BR19/74 Download BR19/74 (DOC) - English Download BR19/74 (PDF) - English

Membership subscriptions to professional societies—expenses incurred in the purchase of journals and books relating to taxpayer's work—whether deductible in ascertaining net chargeable income

BR12/75 Download BR12/75 (DOC) - English Download BR12/75 (PDF) - English

Taxpayer assigned to take up post in Hong Kong company, a wholly-owned subsidiary of a foreign company—salary and other expenses paid by Hong Kong company—taxpayer claimed to have worked partly in offices of the parent company outside Hong Kong—-whether taxpayer's total emoluments for the year of assessment 1972/73 arose in or were derived from the Colony and were subject to salaries tax  

BR2/74 Download BR2/74 (DOC) - English Download BR2/74 (PDF) - English

Wage dividend—sum payable to employee of company condi­tional upon declaration of a dividend to shareholders—whether wage dividend received formed part of employee's emoluments—Inland Revenue Ordinance, section 9—proper rate of exchange to be adopted for conversion purposes  

BR29/75 Download BR29/75 (DOC) - English Download BR29/75 (PDF) - English
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