Volume 1 First Supplement
Publication Date: Oct 1975
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DIGEST OF CASES REPORTED
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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) |
BR8/68 |
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PROFITS TAX |
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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 |
BR4/72 |
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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)(b) |
BR17/72 |
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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 |
BR3/72 |
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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 |
BR16/72 |
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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) |
BR13/73 |
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SALARIES TAX |
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Ascertainment of assessable income—Inland Revenue Ordinance s. 11(2)—assessment of salaries tax on lump sums awarded by company to employee on retirement |
BR3/73 |
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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) |
BR6/72 |
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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) |
BR7/73 |
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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) |
BR15/71 |
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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) |
BR2/73 |
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