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Decision
No
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DEPRECIATION -
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Initial
and annual allowances, industrial buildings and
structures—question of whether certain flats were held as
capital assets or as trading or circulating assets—Inland
Revenue Ordinance, s. 34(1)—onus on taxpayer to prove the
finding of Commissioner wrong on the facts—Inland Revenue
Ordinance, s. 68(4)
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BR
8/68
(PDF file) |
PROFITS TAX -
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Assessment of chargeable profits—Inland Revenue
Ordinance, s. 16(1)—initial and annual allowances in respect of
capital expenditure—on provision of plant or machinery—Inland
Revenue Ordinance, s. 37(1)— car purchased by company for use of
Managing Director—question whether company entitled to full
allowance in respect of the car as deduction from its chargeable
profits
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BR
3/72 (PDF file) |
Accretion of assets irreconcilable with taxpayer's
known income— additional assessment—Inland Revenue Ordinance,
s. 60—Assets Betterment Statement—onus on taxpayer to satisfy
Board that increase in assets derived from non-taxable source
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BR
4/72 (PDF file) |
Incorrect return or false information supplied
having effect of understating income or profits chargeable to
tax—power vested in Commissioner personally to require statement
of taxpayer's assets and liabilities—Inland Revenue Ordinance,
s.
51A
—onus on Commissioner to satisfy Board of sufficient grounds for
exercising this power
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BR
16/72 (PDF file) |
Additional tax in certain cases—Inland Revenue
Ordinance, s.
82A
—burden of proof lies upon taxpayer—Inland Revenue Ordinance,
s. 68(4)—assessments or amended assessments to be final—Inland
Revenue Ordinance, s. 70—appellant's profits estimated on the
basis of Assets Betterment Statement—Inland Revenue Ordinance,
s. 59(2)(6)
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BR
17/72 (PDF file) |
PROPERTY TAX -
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Domestic
premises occupied by taxpayer's representative—question whether
taxpayer liable for property tax in respect of these
premises—Inland Revenue Ordinance, s. 5(3)(a)
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BR
13/73 (PDF file) |
SALARIES TAX -
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Income arising in or derived from the Colony from
. . . any office or employment of profit—taxpayer employee of
Hong Kong company— his emoluments, deposited in bank in U.S.A.
by parent company of Hong Kong company, included in management fee
charged to Hong Kong company—taxpayer primarily resident in Hong
Kong, but carries out 40 per cent of his duties outside Hong
Kong—question whether whole of his emoluments subject to Hong
Kong salaries tax—Inland Revenue Ordinance, s. 8(1)
|
BR
15/71 (PDF file) |
Income arising in or derived from the Colony from
. . . any office or employment of profit—employee of Hong Kong
company—taxpayer's emoluments deposited in bank in U.S.A. by
parent company of Hong Kong company—taxpayer's claim that while
appointed by necessity as resident director of Hong Kong company,
his actual responsibility lies in carrying out professional duties
outside Hong Kong—Inland Revenue Ordinance, s. 8(1)
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BR
6/72
(PDF file) |
Income derived from services in the
Colony—taxpayer employee of Hong Kong company, but salary paid
in the
U.S.A.
by American company—whether liable to
Hong Kong
salaries tax—Inland Revenue Ordinance, s. 8(1)
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BR
2/73 (PDF file) |
Ascertainment of assessable income—Inland
Revenue Ordinance s. 11(2)—assessment of salaries tax on lump
sums awarded by company to employee on retirement
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BR
3/73 (PDF file) |
Income arising in or derived from the Colony from
. . . any office or employment of profit—taxpayer employee of American
company temporarily resident in Hong Kong—his emoluments paid by
the American company into his bank account in the
U.S.A.—employee not employed by, or responsible to, the Hong
Kong subsidiary of the American company—question whether the
whole of the income of the employee liable for Hong Kong salaries
tax—Inland Revenue Ordinance, s. 8(1)
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BR
7/73 (PDF file) |
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