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2024-25 Budget – Tax Measures

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1.

Q:

What tax measures are proposed in the 2024-25 Budget?

 
 

A:

In the 2024-25 Budget, the Financial Secretary proposed a one-off reduction of 100% of the final tax for the year of assessment 2023/24 in respect of profits tax, salaries tax and tax under personal assessment, subject to a ceiling of $3,000 per case. Furthermore, it is also proposed to implement a two-tiered standard rates regime for salaries tax and tax under personal assessment starting from the year of assessment 2024/25. The relevant legislation was passed by the Legislative Council on 22 May 2024 and gazetted on 31 May 2024. In calculating the amount of tax under standard rate for a taxpayer whose net income exceeds $5 million, the first $5 million of the net income will continue to be subject to the standard rate of 15% and the portion of the net income exceeding $5 million will be subject to the standard rate of 16%. Details are as follows:

Standard rate Two-tiered standard rates
Year of assessment 2023/24 With effect from the year of assessment 2024/25
Net income * Rate Net income * Rates
Any amount

15%

First $5,000,000 15%
Remainder 16%

* Net income = Total income – Deductions

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2.

Q:

Do I need to apply for the tax reduction proposed in the 2024-25 Budget?

 
 

A:

You only need to file your Tax Return - Individuals (BIR60) for the year of assessment 2023/24 as usual. IRD will effect the tax reduction in the final assessment for the year of assessment 2023/24 (hereinafter called "2023/24 assessment") and will also revise those 2023/24 assessments which are issued before the legislative amendment. There is no need for you to make a separate application.

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3.

Q:

My net income for the year of assessment 2023/24 is $6 million and my salaries tax is calculated at standard rate. How should my 2024/25 provisional salaries tax be computed?

 
 

A:

IRD will apply the new two-tiered standard rates in calculating the provisional salaries tax for the year of assessment 2024/25. When doing the calculation, the first $5 million of your net income will be subject to the standard tax rate of 15%, i.e. $750,000, while the remaining portion of your net income of $1 million will be subject to the standard tax rate of 16%, i.e. $160,000. The total amount of provisional salaries tax will be $910,000.

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4.

Q:

Can I withhold payment of the 2023/24 provisional tax because of the tax reduction measure?

 
 

A:

You are required to pay on time the 2023/24 provisional tax. Otherwise, recovery action will be taken by IRD. Similar to previous occasions, the tax reduction is to reduce the 2023/24 final tax that will be charged and not the 2023/24 provisional tax that has already been charged. Therefore, you are still required to pay the 2023/24 provisional tax as charged.

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5.

Q:

Will the Inland Revenue Department refund the 2023/24 provisional tax already paid by me?

 
 

A:

As the tax reduction is to reduce the 2023/24 final tax that will be charged, the reduction will only be reflected in the notices of salaries tax assessment, profits tax assessment and personal assessment for the year of assessment 2023/24. The tax reduction is not applicable to the 2023/24 provisional tax. The provisional tax paid will be applied to settle the 2023/24 final tax and 2024/25 provisional tax. Excess balance, if any, will be refunded.

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6.

Q:

How to compute the tax reduction?

 
 

A:

You may use the Tax Calculator provided in GovHK to calculate your 2023/24 and 2024/25 salaries tax and tax under personal assessment.

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7.

Q:

I have to pay salaries tax and profits tax for the year of assessment 2023/24 and I have elected for personal assessment for the year. How should the tax reduction be computed?

 
 

A:

Under personal assessment, all income of an individual taxpayer, including salaries income and business profits, will be aggregated to compute the tax payable. Hence, the amount of tax reduction for the year of assessment 2023/24 is 100% of the tax assessed under personal assessment (subject to a ceiling of $3,000) and not the tax payable under salaries tax and profits tax.

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8.

Q:

A married couple, each with employment income and liable to salaries tax, are separately assessed to tax and they can enjoy a maximum tax reduction of $6,000 in total. If they also have rental income or business profits / loss and are eligible to elect to have their income assessed under personal assessment, what is / are their tax reduction ceiling(s) under personal assessment?

 
 

A:

Profits tax, salaries tax and tax under personal assessment for the year of assessment 2023/24 are reduced by 100%, subject to a ceiling of $3,000 per case. Under salaries tax, a married couple are separately assessed. Each of them will get a tax reduction of 100%, subject to a ceiling of $3,000. From the year of assessment 2018/19, the requirement for the election of personal assessment is relaxed by allowing married persons the option to elect for personal assessment separately (hereinafter called "Separate PA"). Under Separate PA, a married couple are separately assessed. Each of them will get a reduction of 100% of the tax assessed under their own personal assessment, subject to a ceiling of $3,000. If the taxpayer elects for personal assessment jointly with his / her spouse, the tax reduction for the couple is 100% of their total tax assessed under personal assessment, capped at $3,000. Whether a taxpayer should apply for personal assessment jointly with his / her spouse will depend on his / her own situation. When considering an election for personal assessment for the year of assessment 2023/24, taxpayers should take into account the factor that the tax reduction for personal assessment jointly elected by a couple will be capped at $3,000. You may use the Tax Calculator provided in GovHK to calculate the tax payable under different scenarios for the year of assessment 2023/24.

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9.

Q:

I have two businesses in the year of assessment 2023/24, can I get a tax reduction in respect of each business?

 
 

A:

You can get the tax reduction of 100% of the profits tax payable for each business for the year of assessment 2023/24, subject to a ceiling of $3,000.

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10.

Q:

Does the profits tax reduction proposed in the 2024-25 Budget apply to companies?

 
 

A:

The profits tax reduction proposed in the 2024-25 Budget also applies to companies (including corporations and partnership businesses). They will get a one-off reduction of 100% of the final profits tax for the year of assessment 2023/24, subject to a ceiling of $3,000 per case.