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Volume 32 Second Supplement

Publication Date: Apr 2018

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DIGEST OF CASES REPORTED

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  Decision No. Download
APPEAL OUT OF TIME    

whether appeal lodged out of time – whether any ‘reasonable cause’ – section 66 of the Inland Revenue Ordinance (‘IRO’) (Cap112) [Decision in Chinese]

D24/16 Download D24/16 (DOC) TC - Traditional Chinese Download D24/16 (PDF) TC - Traditional Chinese
CASE STATED    

application requiring the Board to state a case on a question of law – section 69(1) of the Inland Revenue Ordinance (‘IRO’)

D22/16 Download D22/16 (DOC) EN - English Download D22/16 (PDF) EN - English
PENALTY TAX    

whether the Appellant or his spouse is qualified as permanent residentor temporary resident – personal assessment to deduct the interest expenses and the allowances – section 41 of the Inland Revenue Ordinance (‘the Ordinance’) – objective factual question. [Decision in Chinese]

D27/16 Download D27/16 (DOC) TC - Traditional Chinese Download D27/16 (PDF) TC - Traditional Chinese
PROFITS TAX    

whether profit from selling capital asset taxable – what was the intention of the Appellants at the time of purchase – section 14 of the Inland Revenue Ordinance (‘IRO’) [Decision in Chinese]

D25/16 Download D25/16 (DOC) TC - Traditional Chinese Download D25/16 (PDF) TC - Traditional Chinese
SALARIES TAX    

dependent parent allowance – whether the appellant’s parents ‘ordinarily residents’ in Hong Kong – section 30 of the IRO [Decision in Chinese]

D24/16 Download D24/16 (DOC) TC - Traditional Chinese Download D24/16 (PDF) TC - Traditional Chinese

ex-gratia payment- sections 8(1), 9, 68(4) of the Inland Revenue Ordinance

D31/16 Download D31/16 (DOC) EN - English Download D31/16 (PDF) EN - English

single parent allowance – whether the Appellant was entitled to single parent allowance – whether the Appellant had sole and predominant care of his son – section 32 of the Inland Revenue Ordinance (‘IRO’) [Decision in Chinese]

 

D30/16 Download D30/16 (DOC) TC - Traditional Chinese Download D30/16 (PDF) TC - Traditional Chinese

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 28.2.2018), please click here.