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Hong Kong Profits Tax




The Scope

The Hong Kong government has clearly defined the scope of the charge as follow:


Taxable entities:


"Corporations, partnerships, trustees and bodies of persons carrying on any trade, profession or business in Hong Kong."


Assessable profits:


"Profits for the basis period (excluding profits arising from the sale of capital assets) arising in or derived from Hong Kong from such trade, profession or business."


A Territorial Basis of Taxation

Hong Kong adopts a territorial basis of taxation, which means only the profits that is arising in or derived from Hong Kong is taxable. The tax residence of the entities is in general irrelevant i.e. an entity incorporated in other jurisdiction is still liable to fulfill the Hong Kong tax obligation on its profits arising in or derived from Hong Kong, unless such entity is from a jurisdiction that the Hong Kong government has a tax treaty with.


Most questioned items

The most questioned items (by our users) on whether they are subject to tax or not in general:


Taxable

Non-taxable

Capital Gains

*

Dividends

*

Royalties Received

*


For details, please contact us to seek for further advice.





Two-tiered Profits Tax Rates

Starting from the assessment year 2018/2019, an entity is taxable under the following two-tiered profits tax rates:

Entity Types

Profits

Two-tiered Tax Rates *

When Two-tiered Rates do not apply *

Companies

First HKD 2 million

8.25%

16.5%

The remainder

16.5%

16.5%

Unincorporated Business

First HKD 2 million

7.5%

15.0%

The remainder

15.0%

15.0%

* However, for group companies, only one entity in the group can be nominated to adopt the two-tiered tax rates for a given year of assessment.


Profits Tax Return - Filing Due Date

The profits tax return ("PTR") filing due date is in general determined by the entity's financial year ended date:

Financial Year Ended Date

PTR Filing Due Date

1 January to 31 March

15 November of the same year

1 April to 30 November

2 May of the next year

1 December to 31 December

15 August of the next year


CHIEF Insights

Specific Industries and Services / Products


There are special rules or tax treatments an entity may apply when concluding its tax liabilities. Such rules or treatments are applicable to specific industries / services / products, e.g. shipping, air services, and financial products / services.


Cost


The professional service fee in general cost HKD800 - HKD1,500 for entities with low business activities and revenue. The fee goes up with the volume of business activities and amount of revenue, meanwhile, the structure of the entity (e.g. an entity within an international group structure) may also affect the service fee level.


Time Frame


The completion of PTR is quite straightforward, it normally takes 2 - 5 working days to finalize it. However, for entities that have commenced business in the year of assessment, a copy of audited financial statements ("AFS") should be presented to the tax advisor as a supporting document, even such AFS is not required to submit to the Inland Revenue Department of Hong Kong.


Before The Start of Financial Year


Entities with sufficient funds are always advised to undertake a comprehensive tax planning before the start of financial year, which could potentially save a considerable amount of tax payable in Hong Kong and other jurisdictions.







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