Volume 38 Second Supplement
Publication Date: Dec 2024
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DIGEST OF CASES REPORTED
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| Decision No. | Download | |
|---|---|---|
| PROFITS TAX | ||
| Profits Tax – capital asset – intention at the time of purchase of asset – badges of trade – sections 2(1), 14(1), 33A, 68(4) of the Inland Revenue Ordinance (‘the IRO’). | D8/23 |
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| Profits tax – whether the claim or statement was supported or proved by contemporary document and whether it was in accordance with the undisputed objective circumstances – burden of proof to prove the appeal concerned tax assessment amount was excessive or incorrect – commission was not derived from the taxable profits from the sale of the share of the company – failed to provide document to prove the expenses incurred [Decision in Chinese] | D7/23 |
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| PROPERTY TAX | ||
| Property Tax – understatement of rental income – incorrect tax return – whether there was a reasonable excuse for the understatement – whether additional tax imposed was excessive – section 82A of the Inland Revenue Ordinance. | D9/23 |
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| SALARIES TAX | ||
| Salaries tax – whether sum made to an employee upon termination of employment was taxable or not – payment was ‘from the employment’ or ‘for loss of office’ – sections 8(1), 9(1)(a), 68(4) of the Inland Revenue Ordinance (the ‘IRO’) | D6/23 |
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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 29.2.2024), please click here.