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Volume 11 Second Supplement

Publication Date: Apr 1997

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DIGEST OF CASES REPORTED

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  Decision No. Download
PENALTY TAX    

failure by director and employee of company to report chargeability to salaries tax - relevance of commercial restitution in assessing penalty tax - whether penalty tax of 50% excessive in the circumstances - Inland Revenue Ordinance ss 82A and 82B  

D29/96 Download D29/96 (DOC) - English Download D29/96 (PDF) - English

failure to declare income from two out of three sources of salary - cavalier disregard for complying with obligations to provide a true and complete return - whether penalty tax of 25% excessive in the circumstances - Inland Revenue Ordinance ss 82A and 82B  

D25/96 Download D25/96 (DOC) - English Download D25/96 (PDF) - English
PERSONAL ASSESSMENT    

deduction of interest on mortgage loan - whether purpose of loan was to produce rental income - Inland Revenue Ordinance s 42(1) proviso  

D50/96 Download D50/96 (DOC) - English Download D50/96 (PDF) - English
PROFITS TAX    

group reorganisation - purchase of trade marks at high value - whether deductible expenses - s 61 of the Inland Revenue Ordinance  

D52/96 Download D52/96 (DOC) - English Download D52/96 (PDF) - English

penalty tax - failure to keep accounting books and records of transactions - incorrect profits tax returns - s 82A of the Inland Revenue Ordinance  

D24/96 Download D24/96 (DOC) - English Download D24/96 (PDF) - English

purchase and resumption of property - whether profit assessable to profits tax  

D44/96 Download D44/96 (DOC) - English Download D44/96 (PDF) - English

sale of properties to an associated company - error in tax return - whether capital gain - intention of acquiring properties - s 70A of the Inland Revenue Ordinance  

D35/96 Download D35/96 (DOC) - English Download D35/96 (PDF) - English

source of profit - travel agent selling outbound tours through its retail outlets in Hong Kong and performing its obligations to its customers predominantly overseas through its employees and land operators - whether land operators agents - Inland Revenue Ordinance s 14  

D14/96 Download D14/96 (DOC) - English Download D14/96 (PDF) - English

trading profit or capital gains - whether intention to renovate the property and hold as a long term investment  

D21/96 Download D21/96 (DOC) - English Download D21/96 (PDF) - English

whether the taxpayer was carrying on a trade in nickels future such that the loss in the one-off transaction was deductible  

D38/96 Download D38/96 (DOC) - English Download D38/96 (PDF) - English
SALARIES TAX    

employment - place of service - source of income - 60 days limit - whether liable to salaries tax - s 8 of the Inland Revenue Ordinance  

D26/96 Download D26/96 (DOC) - English Download D26/96 (PDF) - English

foreign exchange broker - remuneration by way of commission - whether taxpayer carrying on business on own account - whether contract of service or contract for services determined by the totality of facts and not mechanical ticking of a check list - Inland Revenue Ordinance s 8(1)  

D15/96 Download D15/96 (DOC) - English Download D15/96 (PDF) - English

offshore employment - whether taxpayer rendered part of his services in Hong Kong - if so, how his income should be apportioned  

D53/96 Download D53/96 (DOC) - English Download D53/96 (PDF) - English

penalty tax - incomplete tax return - genuine mistake - quantum of penalty - s 82A of the Inland Revenue Ordinance  

D8/96 Download D8/96 (DOC) - English Download D8/96 (PDF) - English

s 9(1A)(a) - whether part of the commission labelled reimbursement for rental is taxable  

D34/96 Download D34/96 (DOC) - English Download D34/96 (PDF) - English

 

Note: The latest position of unsettled appeals is shown in either (a) Table of Appeals to Court of First Instance or (b) Table of Appeals to Court of Appeal/Court of Final Appeal. When the final outcome of an appeal is known, the position is set out in either table and will disappear in the next issue of Board of Review Decisions.

To view "Table of Appeals to Court of First Instance/Court of Appeal/Court of Final Appeal" (position as at 28.2.1997), please click here.

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