Volume 37 Second Supplement
Publication Date: Dec 2023
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DIGEST OF CASES REPORTED
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| Decision No. | Download | |
|---|---|---|
| PROFITS TAX | ||
| Profits Tax – appellant purchasing and selling properties – whether the transactions were of business nature or as family residence or permanent investment – whether expenses for purchasing properties deductible – whether personal/married person and children allowance deductible – sections 16(1), 17(1)(a), 68(4) and 70 of the Inland Revenue Ordinance (Chapter 112) (‘Ordinance’) [Decision in Chinese] | D21/22 |
|
| Profits tax – whether or not the Appellant’s profits derived from the disposal of the property was trading profits – section 68(4) of the Inland Revenue Ordinance – the onus of proving that the profits tax assessment is excessive or incorrect is on the Appellant – short period of ownership supports the inference that the Property was acquired for trading – badges of trade | D19/22 |
|
| SALARIES TAX | ||
| Salaries Tax – appeal out of time – whether the appeal is out of time; whether the reasons given by the appellant fall within ‘other reason cause’ category contained in sections 82B(1) and 82B(1A) of the Inland Revenue Ordinance – section 82B(1) and 82B(1A) of the Inland Revenue Ordinance | D17/22 |
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| whether an employment income arose in or was derived from Hong Kong – 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 – sections 8, 8(1), 8(1A)(a), 8(1A)(b)(ii), 8(1A)(c), 8(1B), 9, 8(2D), 68(4) of the Inland Revenue Ordinance (the ‘IRO’) | D16/22 |
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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 28.2.2023), please click here.