Volume 32 First Supplement

no questions raised in initial application - whether questions proposed in reply are proper questions of law - section 69(1) of the Inland Revenue Ordinance (‘IRO’)

time limit – no power to state a case out of time – question of law – the Board should refuse to state a case unless with proper questions of law – section 69(1) of the Inland Revenue Ordinance(‘IRO’)

likelihood of recoverability – single specific or various debts – the word ‘and’ in the two limbs of the proviso – knock on effect of the loss – section 16(1)(d) of the Inland Revenue Ordinance (‘IRO’)

appellant late in filing tax return – delay due to alleged mental illness of accountant – whether any ‘reasonable excuse’ in late filing – whether amount of additional tax excessive – sections 51(1), 59(3), 68(4), 80(2), 82(1), 82A, 82B of the Inland Revenue Ordinance (Cap 112) (‘IRO’)

whether all the services in connection with employment rendered outside Hong Kong – ‘60 days’ rule – section 8 of the Inland Revenue Ordinance (‘IRO’)

whether dividend received on restricted shares awarded by the employer during the restricted period are income from employment – correct approach to consider all the facts to the receipt of the income – Back End Approach – vested interest in employee share trust – whether or not the true nature of the sums is earnings but not income arising from investment