Decision No
 

APPEALS -
 

settlement of appeal before the Board - liability of taxpayer to penalties based on terms of settlement - s 82A of the Inland Revenue Ordinance
 

D75/88 (PDF file)

accounts of taxpayer - alleged mistake - need for clear and strong evidence
 

D7/89 (PDF file)

accounts of taxpayer - description of payment as 'deposit' and receipt as 'interest' - whether taxpayer bound to these descriptions - s 28(1)(a) of the Inland Revenue Ordinance
 

D10/89 (PDF file)

extension of time to give notice of appeal - whether taxpayer had been 'prevented' from giving notice - whether taxpayer had 'reasonable cause' - s 66( 1A ) of the Inland Revenue Ordinance
 

D11/89 (PDF file)

ASSESSMENTS -
 

'error or omission' - assessment made in accordance with prevailing practice - whether assessment could be reopened - s 70A of the Inland Revenue Ordinance
 

D76/88 (PDF file)

'error or omission' - need to introduce evidence as to the alleged mistake - s 70A of the Inland Revenue Ordinance
 

D7/89 (PDF file)

INTEREST TAX -
 

interest paid on security amount placed by stockbroker with governmental authorities - whether this amount was a 'deposit, loan, advance or other indebtedness' - whether interest was subject to interest tax - s 28(1)(a) of the Inland Revenue Ordinance
 

D10/89 (PDF file)

INTERPRETATION -
 

foreign cases - whether applicable
 

D79/88 (PDF file)

foreign cases - evidential matters - whether applicable
 

D2/89 (PDF file)

meaning of 'deposit' - whether the same word can be construed to have different meanings in different statutes
 

D10/89 (PDF file)

PENALTY ASSESSMENT -
 

whether penalty excessive - lack of familiarity with accounting matters - comparison with other penalties - s 82A of the Inland Revenue Ordinance
 

D73/88 (PDF file)

whether penalty excessive - general yardstick for calculation of penalties - s 82A of the Inland Revenue Ordinance
 

D4/89 (PDF file)

whether penalty excessive - s 82A of the Inland Revenue Ordinance
 

D5/89 (PDF file)

whether penalties excessive - s 82A of the Inland Revenue Ordinance
 

D6/89 (PDF file)

source of profits - reinvoicing company - application of 'operations test' to trading income - whether profits arose in or derived from Hong Kong - s 14 of the Inland Revenue Ordinance
  

D71/88 (PDF file)

deductions - exchange losses incurred by moneylender -whether losses were of a revenue or capital nature - ss l6(l) and 17(1)(c) of the Inland Revenue Ordinance
 

D77/88 (PDF file)

sale of flat - whether profits were trading gains or realization of capital - evidential factors: taxpayer's dealing history and short holding period - s 14 of the Inland Revenue Ordinance
 

D2/89 (PDF file)

pre-incorporation losses - whether these could be taken into account in computing a company's post-incorporation profits
 

D7/89 (PDF file)

deductions - borrowing expenses - whether borrowing expenses can be deducted if of a capital nature - ss l6(l)(a) and 17(1)(c) of the Inland Revenue Ordinance
 

D8/89 (PDF file)

deductions - borrowing expenses - whether exchange losses on the repayment of a loan are 'expenses in connexion with ... borrowing' and therefore deductible - s l6(l)(a) of the Inland Revenue Ordinance
  

D8/89 (PDF file)

deductions - exchange losses incurred by trading company - whether losses were of a revenue or capital nature - ss l6(l) and 17(1)(c) of the Inland Revenue Ordinance
 

D8/89 (PDF file)

source of profits - agents abroad effecting operations on taxpayer's behalf - whether it is possible to infer agency of a director or shareholder - s 14 of the Inland Revenue Ordinance
 

D9/89 (PDF file)

source of profits - trading company - factor: administrative facilities in Hong Kong - whether profits arose in or derived from Hong Kong - s 14 of the Inland Revenue Ordinance
 

D9/89 (PDF file)

source of profits - trading company - significance of place of concluding contracts - s 14 of the Inland Revenue Ordinance
 

D9/89 (PDF file)

source of profits - trading company - factors: place of making sales contracts and locality of operations - whether profits arose in or derived from Hong Kong - s 14 of the Inland Revenue Ordinance
  

D12/89 (PDF file)

contract for services - remuneration paid over to a company - whether income was that of the taxpayer or of the company -s 8(1) of the Inland Revenue Ordinance
 

D72/88 (PDF file)

'place of residence' - civil servant supplied with quarters while remaining at his place of work for extended periods -whether assessable on rental value of quarters - s 9(1)(c) of the Inland Revenue Ordinance
 

D76/88 (PDF file)

'accrued' income - monthly earnings not payable until the following year of assessment - whether assessable in the prior year -ss 11B and 11D of the Inland Revenue Ordinance
 

D78/88 (PDF file)

termination sum - gratuity paid to employee on resignation from employment - whether assessable - s 9(1)(a) of the Inland Revenue Ordinance
 

D79/88 (PDF file)