Volume 15 Second Supplement
Publication Date: Apr 2001
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DIGEST OF CASES REPORTED
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Decision No. |
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PENALTY TAX |
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failure to furnish duly completed tax returns for five years - estimated assessments made and paid without objection - no mitigating factor - additional assessments made upon investigation - no reasonable excuse for omission - additional assessments found to be manifestly inadequate - the Board increased the assessments to 100% - ss 68(8)(a) and 82B(3) of the Inland Revenue Ordinance ('IRO') |
D65/00 |
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incorrect return by omitting income - gain from exercise of share option - costs - ss 82A, 82B and 68 of the Inland Revenue Ordinance ('IRO'), chapter 112 |
D67/00 |
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payment terms - reasonable excuse - Inland Revenue Ordinance ('IRO') s 82A |
D75/00 |
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starting point - extenuating factors - Inland Revenue Ordinance ('IRO') s 82A |
D69/00 |
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PERSONAL ASSESSMENT TAX |
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loss sustained by share dealing business - meaning of 'trade' and 'business' - ss 2, 14(1), 42(2)(b) and 68(4) of the Inland Revenue Ordinance ('IRO') - s 5A of the Companies Ordinance |
D74/00 |
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PROFITS TAX |
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acquisition and sale of property - intention at time of purchase - burden of proof on purchaser to establish that property purchased for long term investment - credibility of the taxpayer before the Board - s 68(4) of Inland Revenue Ordinance |
D5/00 |
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acquisition and sale of property - intention at time of purchase - burden of proof on purchaser to establish that property purchased for long term investment |
D18/00 |
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acquisition and sale of property - intention of purchaser at time of acquisition - burden of proof on purchaser -whether tax chargeable on the profits of sale - s 68(4) of Inland Revenue Ordinance |
D31/00 |
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real property - whether the gains arising from the disposal of a property was liable for profits tax - ss 2, 14(1) and 68(4) of the Inland Revenue Ordinance ('IRO') |
D66/00 |
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real property - whether the gains arising from the disposal of a property was liable for profits tax |
D84/00 |
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sale of property - trading or capital gain - alleged error in tax turn - correction under s 70A of the Inland Revenue Ordinance ('IRO') chapter 112 - s 68 of the IRO chapter 112 |
D46/00 |
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sale of property - whether capital gain or trading gain - whether the sale and purchase of the property amounted to an adventure in the nature of trade |
D60/00 |
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sale of property - whether profits derived from the sale of the property assessable to profits tax - ss 2 and 68(4) of the Inland Revenue Ordinance ('IRO') - onus of proof - intention of the taxpayer - termination of the lease by the tenant - financial difficulty - whether the quick sale is inconsistent with the long term investment intention |
D63/00 |
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sale of shares in private company - whether investment or trade |
D68/00 |
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service company - deductions claimed in respect of rent of residential home - whether properly deducted - Departmental Interpretation and Practice Note No 24 ('DIPN 24') - whether retrospectively effective - ss 16(1), 17(1), 61 and 68(4) of Inland Revenue Ordinance ('IRO') |
D53/00 |
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source of profits - within or outside Hong Kong - Departmental Interpretation Practice Note 21 ('DIPN 21') - whether profits arose in or were derived from Hong Kong from a trade, profession or business - ss 2, 14 of the Inland Revenue Ordinance ('IRO') |
D55/00 |
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SALARIES TAX |
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additional assessment - interest free loan during study leave - deductions in respect of expenses incidental to study - ss 8(1), 8(2), 9(1), 11B, 11D, and 12(1) of the Inland Revenue Ordinance ('IRO') |
D83/00 |
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employment - place of performance - source of income - 60 days limit - whether liable to salaries tax - totality of facts test - when income could be apportioned for determination of salaries tax - ss 8(1) and 8(1A) of the Inland Revenue Ordinance ('IRO') |
D87/00 |
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employment - whether liable to salaries tax - whether taxpayer was carrying on business on her own account |
D79/00 |
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s 8(1) of the Inland Revenue Ordinance ('IRO')- whether income arising in or derived from employment - whether 'top-up supplement' amount paid on leave was in the nature of an ex gratia payment |
D80/00 |
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s 68(4) of the Inland Revenue Ordinance ('IRO') - onus of proof - whether an employment income arose in or was derived from Hong Kong - two-contract arrangement - interpretation of the facts - tax-consideration motivation |
D76/00 |
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termination of employment - whether salary and supplementary allowance paid for the period in which the payee was not required to work was liable to salaries tax - ss 8(1) and 9 of the Inland Revenue Ordinance ('IRO') |
D88/00 |
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whether certain sums were paid by employer as a refund of rent - appeal lodged outside the prescribed period - ss 61 and 66 of the Inland Revenue Ordinance ('IRO') |
D85/00 |
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whether housing allowance or rent refund - whether transaction artificial or fictitious - Inland Revenue Ordinance ('IRO') ss 8(1), 9(1A) and 61 |
D56/00 |
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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 28.2.2001), please click here.