第35冊
出版日期: 2021年2月
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已出版的個案摘要
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案件編號 |
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逾期上訴 |
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notice of appeal – on what basis a letter from the Appellant may constitute a Notice of Appeal – whether time limit for appeal ought to be extended for being absent from Hong Kong – joint tenants of landed properties would need time to discuss and agreed on joint approach – Inland Revenue Ordinance (‘the Ordinance’) section 66 [英文案例] |
D1/19 |
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訟費 |
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frivolous and vexatious – section 68(9) of the Inland Revenue Ordinance [英文案例] |
D6/19 |
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補加稅評稅 |
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incorrect tax return – whether the appeal is late appeal – section 58(3) and 82B(1)(a) of the IRO – actual service of the notice of appeal to the Clerk – discretion to extend time – reasonable excuse under section 82A(1) of the IRO – personal duty of every taxpayer to file a true and correct tax return – receipt and accrual of income and the total amount of income in a year of assessment were factual matters within the personal knowledge of the taxpayer – norm for additional assessment of penalty tax in respect of an incorrect return due to a genuine mistake is 10% of the tax [英文案例] |
D4/19 |
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利得稅 |
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逾期上訴–《稅務條例》第66(1)(a)條、第66(1A)條 |
D3/19 |
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deduction of the sales including depreciation charged on assets owned by the Mainland Factories [英文案例] |
D8/19 |
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royalty payment – whether deductible – whether incurred for the production of profits – trade mark licence agreement – whether artificial transaction – whether sole or dominant purpose to obtain a tax benefit – offshore company - management and control of trademarks thru a Hong Kong agent – whether carrying on business in Hong Kong – Sections 14, 15, 16, 17, 21A, 61, 61A, 68(4) of IRO [英文案例] |
D7/19 |
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source – agreement on facts – sections 2, 14, 16, 66, 68, 68AA, 70 and 70A of the Inland Revenue Ordinance [英文案例] |
D6/19 |
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whether amount of additional tax excessive – consultancy fee paid to a related company for purpose of the production of chargeable profits – payment pursuant to an agreement – whether the agreement entered on arm’s length basis and bona fide basis – sections 16(1), 17, 17(1), 17(1)(b), 61, 68(4), 68(9) of the Inland Revenue Ordinance (‘IRO’) [英文案例] |
D5/19 |
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whether sale of landed properties amounted to trade – whether the Appellants had an intention to trade when acquiring the landed properties – section 14 of the Ordinance [英文案例] |
D1/19 |
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薪俸稅 |
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share incentive plan – appellant employed by two different companies – first employment outside Hong Kong – both companies under the same group – shares awarded under first employment held by nominee until end of retention period – whether value of shares and dividends chargeable to salaries tax in Hong Kong – whether share benefits included in calculation of value of residence provided by employer – sections 8(1), 9, 11B, 11C, 11D, 68(4) of the Inland Revenue Ordinance (‘IRO’) [英文案例] |
D2/19 |
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註:未完成的上訴的最新狀況會列於「原訟法庭稅務上訴案件列表」或「上訴法庭/終審法院稅務上訴案件列表」。如上訴已有最終結果,該上訴案的狀況會列於上述其中一表,並於下期的稅務上訴案例中不獲刊載。
如要查看「原訟法庭/上訴法庭/終審法院稅務上訴案件列表」(截至2020年8月31日的狀況),請見附件。