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Volume 25 First Supplement

Publication Date: Jan 2011

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DIGEST OF CASES REPORTED

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  Decision No. Download
PROFITS TAX    

calculation of profits – limited company selling a landed property – whether cost should be based on the price paid by current shareholders to acquire shares in the limited company. [Decision in Chinese]  

D8/10 Download D8/10 (DOC) - Traditional Chinese Download D8/10 (PDF) - Traditional Chinese

calculation of profits – limited company selling a landed property – whether the cost should be based on the price paid by current shareholders to acquire shares in the limited company. [Decision in Chinese]

D9/10 Download D9/10 (DOC) - Traditional Chinese Download D9/10 (PDF) - Traditional Chinese

gain on disposal of properties – sum of deposits forfeited from cancellation of the sale of a property – whether properties are trading stock or long-term capital investment – section 14(1) and 68(4) of the Inland Revenue Ordinance (‘IRO’)

D13/10 Download D13/10 (DOC) - English Download D13/10 (PDF) - English

Insurance agent – commission and premium in respect of insurance policies taken out by agent and his family members – sections 14(1), 16(1), 17(1) and 68(4) of the Inland Revenue Ordinance (‘IRO’) – Departmental Interpretation and Practice Notes 33. [Decision in Chinese]    

D11/10 Download D11/10 (DOC) - Traditional Chinese Download D11/10 (PDF) - Traditional Chinese
PROPERTY TAX    

nil consideration paid for the assignment – whether owner of the property – in receipt of nil rental income – whether liable for property tax – sections 2, 5, 5B and 68(4) of the Inland Revenue Ordinance (‘IRO’) and sections 3 to 6 of Conveyancing and Property Ordinance (Chapter 219).  [Decision in Chinese]

D6/10 Download D6/10 (DOC) - Traditional Chinese Download D6/10 (PDF) - Traditional Chinese
SALARIES TAX    

body massage industry – cash tips – whether appellant received cash tips during financial year – whether appellant discharged evidential burden – section 68(4) of the IRO. [Decision in Chinese]

D5/10 Download D5/10 (DOC) - Traditional Chinese Download D5/10 (PDF) - Traditional Chinese

deductions of outgoings and expenses – dependent parent allowance – sections 12, 30, 66(3) and 68(4) of Inland Revenue Ordinance (‘IRO’).    [Decision in Chinese]

D7/10 Download D7/10 (DOC) - Traditional Chinese Download D7/10 (PDF) - Traditional Chinese

nature of income – contributions to Mandatory Provident Fund Schemes – sections 8, 9, 26G, 60(1), 64(2) and 68(4) of Inland Revenue Ordinance (‘IRO’).  [Decision in Chinese]

D14/10 Download D14/10 (DOC) - Traditional Chinese Download D14/10 (PDF) - Traditional Chinese

notice of appeal – appeal on assessment – Commissioner’s written determination served on appellant’s residential address by registered post and receipt acknowledged by appellant’s husband – appellant issued notice of appeal approximately 8 months out of time – whether Commissioner’s written determination validly served – whether the Board should exercise discretion to allow appeal out of time – sections 58 and 66(1) of the Inland Revenue Ordinance (‘IRO’). [Decision in Chinese]    

D5/10 Download D5/10 (DOC) - Traditional Chinese Download D5/10 (PDF) - Traditional Chinese

option to acquire shares in a corporation – calculation of gain realized by the exercise of option – whether articles of association allowed sale of shares – whether restrictions to particular person should be considered in determining the gain realized – sections 9(1)(d), 9(4), 9(5) and 68(4) of the Inland Revenue Ordinance (‘IRO’). [Decision in Chinese]

D10/10 Download D10/10 (DOC) - Traditional Chinese Download D10/10 (PDF) - Traditional Chinese

subscription of more than one professional association – extra-statutory concession – sections 12(1) and 68(4) of the Inland Revenue Ordinance (‘IRO’)

D12/10 Download D12/10 (DOC) - English Download D12/10 (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 31.12.2010), please click here.

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