Decision No
 

PENALTY TAX -
 

whether 3.1% penalty excessive - mitigating circumstances - whether 5% surcharge under s 71(5) minimum penalty under s 82A(1)
 

whether 3.55% penalty excessive - mitigating and aggravating circumstances - whether 5% surcharge under s 71(5) minimum penalty under s 82A(1)
 

omission from tax return of part of salary - omission claimed to be simple mistake due to wrongly copying income figures provided by employer for the previous year of assessment - whether penalty tax of 25% excessive in the circumstances - Inland Revenue Ordinance ss 82A and 82B
 

s 82A - use of new form and ill health not reasonable excuses - penalty rate change after mistake commited
 

whether intention to trade - whether subsequent change of intention in treating properties from trading stock to fixed assets - whether such change of intention gave rise to notional profit - whether such notional profit taxable
 

whether profit derived from sale of property assessable to profits tax
 

sale of property as capital asset - intention to use as matrimonial home - fixed not provisional
 

whether business carried on in Hong Kong and whether profits arose in or derived from Hong Kong - decisions made by persons abroad and implemented in Hong Kong
 

whether profit derived from the sale of property assessable to profits tax
 

sale of property - ability to carry out intention
 

whether profits derived from the sale of three properties assessable to profits tax
 

sale of property - intention - acquisition for use as residence
 

dealer representative of stock broking firm - dealer representative liable for losses of whatever nature suffered by firm arising from client transactions - whether dealer representative working on own account - whether commission income subject to profits tax or salaries tax - Inland Revenue Ordinance ss 8(1) and 14(1)
 

lump sum paid on termination - whether gratuity or compensation for loss of office - apportionment
 

source - working in China - whether income arising in or derived from Hong Kong - s 8(1A) - s 8(1B) - 60 days rule
 

source of employment income - taxpayer employed by Hong Kong representative office of offshore company - contract of employment negotiated and concluded in Hong Kong - remuneration paid and received in Hong Kong - whether Hong Kong or non-Hong Kong employment - Inland Revenue Ordinance ss 8(1) and 8(1A)