第17册第3增订本

incorrect tax return - whether interest rate excessive - s 82A of the Inland Revenue Ordinance ('IRO')   [英文案例]

whether result of personal assessment fair and equitable - whether the Commissioner should exercise the discretion provided in s 64(2) - whether the provisions of the Inland Revenue Ordinance ('IRO') are unfair or against the Basic Law - ss 5(1), 5(1A), 41, 42, 42A, 43 and 64(2) of the IRO - Articles 8, 11 and 25 of the Basic Law   [英文案例]

partnership - loss carried forward by a partner - whether set off available - s 19C of the Inland Revenue Ordinance ('IRO')   [英文案例]

sale of a three-storey house erected on a piece of New Territories land - definition of 'trade' - whether chargeable to property tax - depends on whether the sale of a property is trading in nature - it is crucial to ascertain the intention of the taxpayer at the time of acquisition of the property - the stated intention of the taxpayer is not decisive - actual intention has to be tested against objective facts and circumstances - evidence is needed to substantiate the contention of the taxpayer - the circumstances and facts of the case cast doubt on the veracity of the taxpayer - burden of proof on the taxpayer - ss 2, 14(1), 16 and 68(4) of the Inland Revenue Ordinance ('IRO')   [英文案例]

丁屋出售 – 是否实益拥有人

《税务条例》第14(1)及68(4)条 – 购入物业的意图 – 上诉人应提出证据证明资产投资的意图是实际和可以实现的

ss 16(1), 17, 61 and 68(4) of the Inland Revenue Ordinance ('IRO') - whether or not an expense was incurred for the production of assessable profits - whether or not management fees are capable of sub-division and analysis - whether or not artificial transactions - burden of proof on taxpayer   [英文案例]

whether certain sums are deductible as outgoings and expenses under s 16(1) - mere compliance with s 16(1) is not sufficient, it must also not be excluded under s 17(1) - whether the transaction was 'artificial or fictitious' - any contemporaneous document in support - must show he did incur liability for rental in respect of such user and the amounts claimed were attributable to the liabilities which he so incurred - burden of proof on the appellant - ss 14, 16, 17, 61 and 68(4) of the Inland Revenue Ordinance ('IRO')   [英文案例]

买卖物业的盈余应否课税 – 有关费用的扣减 – 《税务条例》第14(1)及68(4)条

whether the sale of a property was trading in nature - it was crucial to ascertain the intention of the appellant at the time of acquisition of the property - the stated intention of the appellant was not decisive - actual intention had to be determined objectively - burden of proof on the appellant - definition of 'trade' - incumbent on the appellant to substantiate his contention - ss 2, 14(1) and 68(4) of the Inland Revenue Ordinance ('IRO')   [英文案例]

whether certain items can be deducted from the rental income for the purpose of arriving at a net sum chargeable to property tax - legislature allows a flat rate of 20% per annum deduction for 'repairs and outgoings' - includes any cost of repair of the building that the owner may have to contribute - deduction for rates - appellants must show the rates were the subject of agreement between them and the tenant - neither here nor there that the appellants may have incurred over 20% of their rental income on repair - burden on appellants to show what actual cost of repair or maintenance was incurred or whether they did incur repair or maintenance cost higher than the 20% allowance - ss 5, 5B and 42 of the Inland Revenue Ordinance ('IRO') - s 10B(1) and (2) of the Interpretation and General Clauses Ordinance   [英文案例]

whether rental income derived from the leasing of car-parking spaces in the common area of a housing estate subject to property tax - should all owners be named - uncertainty over the identities of co-owners - whether owners of non-residential units liable - ss 5(1), 5B(2), 51, 56A, 59(2)(b), 63 and 68(8) of the Inland Revenue Ordinance ('IRO')   [英文案例]

application under s 70A of the Inland Revenue Ordinance ('IRO') for correction of the assessment - intention of s 70A of the IRO - powers of assessor to correct errors - what sort of error envisaged by s 70A - whether that error on the part of the assessor constituted an arithmetical error or omission in the calculation of the amount of the assessable income within the meaning of s 70A - erred in construing the word 'entitled' as 'paid' is not the sort of error envisaged by s 70A - laxity on the part of the appellant in processing its case - repeated opportunities to rectify the error - failed to properly exercise his rights to challenge the assessment under ss 64(1) and 66 of the IRO - ss 9A(1), 51(1), 59(2), 64(1), 66, 68, 70 and 70A of the IRO   [英文案例]

discourteous treatment by the Revenue - no relevance to tax liability   [英文案例]

employment - source of income - s 8(1), 8(1A) and 8(1B) of the Inland Revenue Ordinance ('IRO') - costs - nature of advice   [英文案例]

employment - source of income - whether liable to salaries tax - whether rental value assessable - foreign marriage - ss 2, 8(1), 8(1A), 8(1B), 9(1)(b), 9(2) and 29(1)(a) of the Inland Revenue Ordinance ('IRO') - hearing in the absence of the appellant   [英文案例]

gratuity - whether upon termination of employment - s 9(2) of the Inland Revenue Ordinance ('IRO')   [英文案例]

home loan deduction - attorney of estate - mortgage repayment - whether home loan interest - s 26E of the Inland Revenue Ordinance ('IRO')   [英文案例]

onus of proof - s 68 of the Inland Revenue Ordinance ('IRO') - no legitimate expectation that the Inland Revenue Department ('IRD') would anticipate what the tax representative might say shortly before the hearing of the appeal - whether or not required to identify the employer concerned - grounds to challenge assessment based on assets betterment statement - frivolous and vexatious appeal   [英文案例]

s 9(1) of the Inland Revenue Ordinance ('IRO') - whether expenses incurred in order to place the appellant in a position in which he was able to earn part of the assessable income or expenses incurred in the production of the assessable income - whether or not the bonus constitutes part of the appellant's income   [英文案例]

s 12(1)(a) of the Inland Revenue Ordinance ('IRO') - whether medical expenses incurred in the course of producing income or for the purpose of producing income   [英文案例]

ss 8, 9 and 68(4) of the Inland Revenue Ordinance ('IRO') - whether or not the bonus was part of the remuneration payable and paid to the taxpayer under the employment agreement   [英文案例]

whether artificial transaction - whether contract of service - s 61 of the Inland Revenue Ordinance ('IRO') - whether delay in taking action by the Commissioner   [英文案例]

应否课缴薪俸税 – 僱佣关系是否存在 – 是否以自僱身份提供服务 – 有关指引及基本验证的方法 – 必须考虑所有客观事实、证据及整个案情 – 举证责任在上诉人身上 – 《税务条例》第8、12(1)、14及68(4)条

whether salaries tax is chargeable on a sum paid as provident scheme contribution by an employer directly to the provider of an employee's personal pension account overseas - it is neither paid to the taxpayer as salary - nor at no time did the taxpayer have direct control of - ss 8(1), 9(1), 9(2A), 11B, 11D and 68(4) of the Inland Revenue Ordinance ('IRO')   [英文案例]