Volume 19 First Supplement
Publication Date: Jan 2005
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DIGEST OF CASES REPORTED
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Decision No. |
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PENALTY TAX |
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attempt to vary settlement agreement — whether quantum excessive — co-operation |
D41/04 |
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PERSONAL ASSESSMENT |
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deduction for losses — disposal of properties — intention at the time of acquisition — whether the properties are capital assets or trading assets — ss 14(1), 2(1),42(2) & 68(4) of the Inland Revenue Ordinance ("IRO") |
D25/04 |
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personal assessment on the total income of an individual — allowable deduction for interest payable on any money borrowed for the purpose of producing that part of the rental income — burden of proof on the appellant — ss 42(1) and 68(4) of the Inland Revenue Ordinance ("IRO"). [Decision in Chinese] |
D27/04 |
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PROFITS TAX |
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convertible participating certificates — annual income — profits from disposition — s 26 of the Inland Revenue Ordinance ("IRO") |
D44/04 |
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interest expenses attributable to the payment of dividend — s 16(1)(a) of the Inland Revenue Ordinance ("IRO") |
D34/04 |
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ss 2, 14(1) and 68(4) of the Inland Revenue Ordinance — whether a property is a capital asset or trading asset — intention of the taxpayer at the time of acquisition of the property must be genuinely held, realistic and realizable — burden of proof on the taxpayer |
D47/04 |
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PROPERTY TAX |
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s 42(1) of the Inland Revenue Ordinance — whether a global deduction of interest payable against the total taxable property income |
D51/04 |
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SALARIES TAX |
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apportionment of income to services rendered outside of Hong Kong within meaning of s 8(1A)(a) of the Inland Revenue Ordinance ("IRO") — whether the time apportionment basis should be accepted — whether taxpayer discharged burden of proof in demonstrating that services rendered in Hong Kong was less than that calculated on the time apportionment basis |
D28/04 |
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deductions — whether reparation to employer "expenses" — ss 11D, 12(1)(a) and 68(4) of the Inland Revenue Ordinance ("IRO") |
D35/04 |
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extension of time for appeal — whether appellant established a proper case for an extension of time to file a notice of appeal under s 66(1A) of the Inland Revenue Ordinance ("IRO") — whether appellant was prevented by "reasonable cause" other than illness from giving notice of appeal to the Board of Review promptly |
D26/04 |
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gain on share option — Hong Kong sourced vs non-Hong Kong sourced employment — vesting period — services rendered in Hong Kong during non-Hong Kong sourced employment — time apportionment basis — severance payment — whether tax-exempt or not depends not on the label but on all the circumstances in which the payment was made — ss 8 and 9 of the Inland Revenue Ordinance ("IRO") |
D32/04 |
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home loan interest — refinance of mortgage — obtained or obtained wholly for the acquisition of a dwelling — s 26E of the Inland Revenue Ordinance ("IRO") |
D33/04 |
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payment upon termination in addition to payment in lieu — whether compensation |
D43/04 |
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s 12(1)(a) of the Inland Revenue Ordinance — whether the item of expenditure qualified as deductible expense |
D45/04 |
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source of income — whether arising in or derived from Hong Kong — statutory exemption — whether all services rendered outside Hong Kong — 60 days grace period — ss 8(1), 8(1A)(b), 8(1B) & 68(4)of the Inland Revenue Ordinance ("IRO") |
D39/04 |
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tenancy agreement between employer and employee — ss 8, 9(1), 9(2), 61 and 68(4) of the Inland Revenue Ordinance ("IRO") |
D38/04 |
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whether Revenue estopped from raising salaries tax assessments — whether payments made by employer constituted rental refunds — whether taxpayer intended to create a legally binding sub-tenancy agreement with a related company as landlord — whether letting arrangements constituted an artificial or fictitious transaction under s 61 of the Inland Revenue Ordinance ("IRO") |
D30/04 |
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whether severance payment and special notice payment income from employment |
D37/04 |
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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 30.11.2004), please click here.