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Under Article 108 of the Basic Law of Hong Kong, the taxation system in Hong Kong is independent of, and different from, the taxation system in mainland China. In addition, under Article 106 of the Hong Kong Basic Law, Hong Kong has independent public finance, and no tax revenue is handed over to the Central Government in China. [1] The taxation system in Hong Kong is generally considered to be one of the simplest, most transparent and straightforward systems in the world. [2] Taxes are collected through the Inland Revenue Department (IRD).
Since the Common Law System is applied in Hong Kong, judgements by the Courts and Boards of Review in tax law cases are used to assist the interpretation of taxation rules and concepts. Furthermore, the Inland Revenue Department issues Departmental Interpretation and Practice Notes (DIPNs) from time to time to clarify and elaborate on the tax rules and to smooth the tax collection process. [3]
Taxes collected in Hong Kong can be generally classified as:
In the fiscal year 2013/14, Profits tax, an income tax on corporations, constituted the largest source of tax collected by the government, followed by Salaries Tax, an income tax on individuals. [4]
Unlike most countries which apply both residential jurisdiction and territorial jurisdiction in determining the tax liability of a person, Hong Kong uses only the territorial source jurisdiction and disregards the concept of residence. [5] Thus, only profits sourced in Hong Kong are taxable whereas overseas income is not taxable. (As an exception, certain kinds of worldwide deemed trading receipts are taxable for non-residents.)
The wages and incomes received from employment are subjected to tax. Income tax rate in Hong Kong is 2% when net taxable income is from 1 to 50,000 Hong Kong dollars, 6% when net taxable income is between 50,001 and 100,000 Hong Kong dollars, 10% when net taxable income is between 100,001 and 150,000 Hong Kong dollars and 14% when net taxable income is between 150,001 and 200,000 Hong Kong dollars. Taxable income above 200,000 Hong Kong dollars is subjected to an income tax rate of 17%. [6]
The Hong Kong profits tax is levied on the net profits of businesses. Companies and individuals (sole proprietors) carrying out business in Hong Kong are liable to Profits Tax [7] if the profits arise in Hong Kong. The source of profits is one of the most controversial topics in Hong Kong taxation. Principally, it is guided by an established set of tests and judgments in court cases. The Departmental Interpretation and Practice Notes provides viewpoints from the IRD's perspective but these are subject to revision if major inconsistencies with court judgments are subsequently found. Certain kinds of deemed trading receipts are taxed irrespective of the source rule. [8] Tax on these deemed trading receipts are collected by agents or other persons on withholding basis. [9] [10] Tax liability may be measured by reference to gross income or turnover for deemed trading receipts and in case where profits cannot reliably ascertained. [11] [12] Capital gain is out of the scope of Hong Kong Profits Tax. However, whether a gain is in capital nature is debatable.
Certain tax deductions are granted when expenses are incurred. [13] Capital expenditure is not tax-deductible in general. [14] Nevertheless, several kinds of capital expenditure are tax-deductible in the year of purchase or spreading over years, subject to the requirements in specific provisions. Allowances are granted for the purchase or construction of buildings and plants and machinery. [15] [16] [17] [18]
For the fiscal year 2014/15, the Profits Tax rate is 16.5% for companies and 15% for individual sole proprietors. Half of the original rates will be charged on concessionary receipts including income derived from qualifying debt instruments and offshore reinsurance business. [19] [20] [21]
Property Tax is levied on the income from the letting of immovable property in Hong Kong. Property tax carries an immaterial proportion of the revenue of the government. For the year of assessment 2013/14, property tax amounts to 0.01% of the total revenue. [4] The tax rules are straightforward and simple.
Both individuals or corporate owners (including joint tenants) are liable to Properties Tax. However, corporate owners who carry out business in Hong Kong may either:
The tax is paid on 15% of the net assessable value, equal to assessable value minus deductions. [24] Assessable Value includes:
Deductions include:
Stamp Duty is collected upon existence of certain transactions in Hong Kong. The three major types of transactions that attract stamp duties are transfers of Hong Kong immovable properties, transfers of Hong Kong shares and leases of immovable properties. Stamp Duties are chargeable on dutiable instruments.
Transactions | Instruments required |
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Transfer of Hong Kong immovable properties | Agreement for sale and purchase |
Lease of Hong Kong immovable properties | Deed of Conveyance |
Transfer of Hong Kong Stock | Contract Notes |
Transfer of Hong Kong Stock | Instrument of Transfers |
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No turnover tax (e.g. Value-Added Tax and Goods and Services Tax) has been imposed in Hong Kong. As a result, Hong Kong is considered to be favourable for profit shifting and conducting re-invoicing activities. In July 2006, a Proposal of Legislation of Goods and Services Tax (“GST”) was made by the Government, who argued that tax base in Hong Kong was urged to be broadened. Subsequently, due to fierce opposition of the general public and opposition parties, the proposal was dropped. [28] [29]
Taxpayers who received Individual Tax Return are required to fill out the return in order to notify the IRD their Profits Tax, Salaries Tax and Property Tax positions.
For regular taxpayers, normally IRD issues Salaries Tax Return to them on the first working day of May every year. [30] They are also required to furnish the return within 1 month in normal case. [31]
In Hong Kong, it is IRD's general practice to issue Employer's Returns to Hong Kong Company in every April in the year. The employer is obliged to file the form within 1 month from the date of issue in order to notify IRD the amount of wages, salaries and other kinds of remuneration paid to the employees during the year of assessment ending 31 March every year. No Employer's return is required to be furnished for those employees who received HK$120,000 or less during the Year of Assessment. [32]
A flat tax is a tax with a single rate on the taxable amount, after accounting for any deductions or exemptions from the tax base. It is not necessarily a fully proportional tax. Implementations are often progressive due to exemptions, or regressive in case of a maximum taxable amount. There are various tax systems that are labeled "flat tax" even though they are significantly different. The defining characteristic is the existence of only one tax rate other than zero, as opposed to multiple non-zero rates that vary depending on the amount subject to taxation.
An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them. Income tax generally is computed as the product of a tax rate times the taxable income. Taxation rates may vary by type or characteristics of the taxpayer and the type of income.
A pay-as-you-earn tax (PAYE), or pay-as-you-go (PAYG) in Australia, is a withholding of taxes on income payments to employees. Amounts withheld are treated as advance payments of income tax due. They are refundable to the extent they exceed tax as determined on tax returns. PAYE may include withholding the employee portion of insurance contributions or similar social benefit taxes. In most countries, they are determined by employers but subject to government review. PAYE is deducted from each paycheck by the employer and must be remitted promptly to the government. Most countries refer to income tax withholding by other terms, including pay-as-you-go tax.
Stamp duty is a tax that is levied on single property purchases or documents. A physical revenue stamp had to be attached to or impressed upon the document to show that stamp duty had been paid before the document was legally effective. More modern versions of the tax no longer require an actual stamp.
A corporate tax, also called corporation tax or company tax, is a type of direct tax levied on the income or capital of corporations and other similar legal entities. The tax is usually imposed at the national level, but it may also be imposed at state or local levels in some countries. Corporate taxes may be referred to as income tax or capital tax, depending on the nature of the tax.
International taxation is the study or determination of tax on a person or business subject to the tax laws of different countries, or the international aspects of an individual country's tax laws as the case may be. Governments usually limit the scope of their income taxation in some manner territorially or provide for offsets to taxation relating to extraterritorial income. The manner of limitation generally takes the form of a territorial, residence-based, or exclusionary system. Some governments have attempted to mitigate the differing limitations of each of these three broad systems by enacting a hybrid system with characteristics of two or more.
Taxes in New Zealand are collected at a national level by the Inland Revenue Department (IRD) on behalf of the New Zealand Government. National taxes are levied on personal and business income, and on the supply of goods and services. Capital gains tax applies in limited situations, such as the sale of some rental properties within 10 years of purchase. Some "gains" such as profits on the sale of patent rights are deemed to be income – income tax does apply to property transactions in certain circumstances, particularly speculation. There are currently no land taxes, but local property taxes (rates) are managed and collected by local authorities. Some goods and services carry a specific tax, referred to as an excise or a duty, such as alcohol excise or gaming duty. These are collected by a range of government agencies such as the New Zealand Customs Service. There is no social security (payroll) tax.
Salaries tax is a type of income tax that is levied in Hong Kong, chargeable on income from any office, employment and pension for a year of assessment arising in or derived from the territory. For purposes of calculating liability, the period of assessment is from April 1 to March 31 of the following year.
The Inland Revenue Department (IRD) is the Hong Kong government department responsible for collecting taxes and duties.
In Hong Kong, profits tax is an income tax chargeable to business carried on in Hong Kong. Applying the territorial taxation concept, only profits sourced in Hong Kong are taxable in general. Capital gains are not taxable in Hong Kong, although it is always arguable whether an income is capital in nature.
The Inland Revenue Ordinance is one of Hong Kong's Ordinances. It regulates the inland revenue of Hong Kong.
The Estate Duty Ordinance is one of Hong Kong ordinances. It regulates the HK estate duty which was a tax imposed on capital asset - the net value of property situated in Hong Kong at the date of the taxpayer's death. It is chargeable irrespective of whether the deceased was a resident of Hong Kong.
An honorarium is an ex gratia payment, i.e., a payment made, without the giver recognizing themself as having any liability or legal obligation to the recipient for their volunteered services, or for services for which fees are not traditionally required. It is a common remuneration practice in schools or sports clubs, for teachers and coaches. Another example includes the payment to guest speakers at a conference meeting to cover their travel, accommodation, or preparation time. Services for funerals and/or memorial services are often paid by honorarium, as the clergy and other people such as musicians who commonly have roles at these events, out of care, do not have a set fee for services to grieving families. Likewise, wedding officiants are sometimes paid through honorarium. When required, honorariums may be termed altarages, although an altarage may be paid to a church or parish rather than a person.
Commissioner of Inland Revenue v George Andrew Goepfert, also known as the Goepfert case, is a leading Hong Kong tax case, affecting jurisprudence relating to the territory's salaries tax.
Partnership taxation in Hong Kong is the taxation of the profits or losses generated by partnership business entities. First, these profits or losses of the partnership are assessed according to the Hong Kong Inland Revenue Ordinance, Chapter 112, section 22. After assessment, then said profits or losses flow through the partnership to the partners who are then taxed on their share of said profits or losses generated by the partnership without any taxes levied against the partnership.
Partnership taxation is the concept of taxing a partnership business entity. Many jurisdictions regulate partnerships and their taxation differently.
The policy of taxation in the Philippines is governed chiefly by the Constitution of the Philippines and three Republic Acts.
Taxation in New Mexico comprises the taxation programs of the U.S state of New Mexico. All taxes are administered on state- and city-levels by the New Mexico Taxation and Revenue Department, a state agency. The principal taxes levied include state income tax, a state gross receipts tax, gross receipts taxes in local jurisdictions, state and local property taxes, and several taxes related to production and processing of oil, gas, and other natural resources.
Hong Kong–Liechtenstein relations refers to international relations between Hong Kong and Liechtenstein.
Taxation in Sri Lanka mainly includes excise duties, value added tax, income tax and tariffs. Tax revenue is a primary constituent of the government's fiscal policy. The Government of Sri Lanka imposes taxes mainly of two types in the forms of direct taxes and indirect taxes. As of 2018 CBSL report, taxes are the most important revenue source for the government, contributing 89% of the revenue. The tax revenue to GDP ratio is just about 11.6 percent as of 2018, which is one of the lowest rates among the upper-middle income earning countries. At present, the government of Sri Lanka also face major challenges regarding the continuous budget deficits where government expenditures have exceeded the government tax revenue.