Volume 14 First Supplement
Publication Date: Jan 2000
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DIGEST OF CASES REPORTED
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Decision No. |
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PENALTY TAX |
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background of the taxpayer - cooperation with the assessor - uniform rate of penalty tax assessment |
D33/99 |
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extension of time - notice of appeal filed out of time - ss 66(1A) and 82A of the Inland Revenue Ordinance |
D32/99 |
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failure to include in tax return a sizable taxable gratuity - no reasonable excuse - penalty not excessive - Inland Revenue Ordinance, Chapter 112, s 82A |
D14/99 |
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incorrect profits tax return - without reasonable excuse - penalty under s 82A of the Inland Revenue Ordinance |
D13/99 |
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incorrect salaries tax return - failure to disclose certain sums chargeable to tax - lack of detailed knowledge of Hong Kong tax law - 10% penalty - whether a reasonable excuse existed under s 82A of the Inland Revenue Ordinance |
D27/99 |
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incorrect salaries tax return - ss 11D(a), 51, 68(4), 68(8)(a), 82A and 82B of the Inland Revenue Ordinance |
D34/99 |
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s 82A of the Inland Revenue Ordinance - late filing of returns - whether quantum of penalty excessive - whether professional advisers' negligence a mitigating factor |
D31/99 |
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standard practice of Inland Revenue Department to draw attention of the taxpayer the possibility to impose penalty tax - whether withdrawal of the objection was part of a full and final settlement - whether the Commissioner was barred to assess penalty tax |
D36/99 |
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taxpayer's return filed late - factors to be taken into account to assess propriety of additional tax being imposed - good track record of submitting returns on time - lack of candour on the part of the taxpayer - mitigating circumstances - ss 82A and 82B(2)(c) of the Inland Revenue Ordinance ('IRO') |
D26/99 |
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PROFITS TAX |
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acquisition and sale of property - intention at time of purchase - change of intention after purchase - date of change of intention - burden of proof on purchaser - whether tax chargeable upon revaluation of property - s 68(4) of the Inland Revenue Ordinance |
D180/98 |
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acquisition of property - intention of taxpayer at time of acquisition - burden of proof on purchaser - lack of supporting evidence fatal to the appeal - ss 14(1) and 68(4) of the Inland Revenue Ordinance ('IRO') - discretion to order costs under s 68(9) of the IRO |
D9/99 |
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application for an extension of time to appeal against the determination of the Commissioner - meaning of 'other reasonable cause' under s 66(1A) of the Inland Revenue Ordinance |
D4/99 |
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deductible expense - management fee accountable to service company - ss 16 and 68(9) of the Inland Revenue Ordinance |
D17/99 |
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deduction in assessable profit in preceding year on the basis of loss on securities found to be missing - all the lost shares recovered - whether gains on disposal of recovered shares should be charged to tax |
D11/99 |
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future contracts in USA - whether outgoings deductible - Inland Revenue Ordinance, s 16(1) |
D29/99 |
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interest income - whether the taxpayer took part in the transaction as trader or as agent - whether the business carried on in Hong Kong - s 15(1)(f) of the Inland Revenue Ordinance - whether the interest income has accrued to the taxpayer |
D20/99 |
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profits realized from sale of property - whether for investment or trading purpose - intention of taxpayer at the time of acquisition - Inland Revenue Ordinance, Chapter 112, s 68(4) |
D15/99 |
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profits realized from sale of property - whether for investment or trading purpose - intention of taxpayer at the time of acquisition - Inland Revenue Ordinance, Chapter 112, ss 2(1), 14(1) and 68(4) |
D28/99 |
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service company - management fee - whether deductible in computing the assessable profit - Practice Note No. 24 - Inland Revenue Ordinance, Chapter 112, ss 16, 17, 61, 64, 68(4) and Rule 2A(1) of the Inland Revenue Rules |
D19/99 |
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whether assets purchased medical records or goodwill - whether plant and thus qualifying for depreciation allowances |
D23/99 |
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whether gain on disposal of properties was of capital or trade in nature |
D10/99 |
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whether the sale of a property was a sale of capital asset or trading stock - testing the taxpayer's assertion against the surrounding circumstances - under what circumstances would the rebuilding allowance be granted - ss 14(1) and 60 of the Inland Revenue Ordinance |
D30/99 |
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SALARIES TAX |
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allowable deductions - meaning of 'outgoings and expenses' - whether taxpayer entitled to claim deductions - s 12(1)(a) of the Inland Revenue Ordinance |
D8/99 |
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ascertaining the number of employment contract and the source of income - the Commissioner is entitled to scrutinize all evidence, documentary or otherwise, that is relevant to the matter concerned - ss 8(1), 12(1)(a) and 68(4) of the Inland Revenue Ordinance |
D35/99 |
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income - severance payments and long service payments - ss 8 and 9(1)(a) of the Inland Revenue Ordinance - ss 31B(2), 31J(2), 31R, 31T(1) and 31T(2) of the Employment Ordinance |
D25/99 |
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whether the housing allowance is exempt from salaries tax assessment - Inland Revenue Ordinance, s 9(1)(a) |
D18/99 |
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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 30.11.1999), please click here.