Collection
Collection of tax | Refund of tax | Recovery of tax in default
Revenue collected by the Department includes tax, additional tax, surcharge and fines. Schedules 16 and 17 provide details of additional tax, surcharge and fines imposed by the Department in respect of Earnings and Profits Tax during 2001-02.
There are various payment methods by which a taxpayer can choose to settle a tax liability. With effect from October 2001, taxpayers can pay their taxes at post offices. Figure 28 shows the payment methods used by taxpayers in 2001-02.
A continuous growth is recorded for electronic
payments - by telephone, bank ATM or the Internet. The total number of such
transactions made during 2001-02 increased by 12% over the previous year. For
Earnings and Profits Tax, 46% of the payment transactions were made through
electronic means.
Payment methods |
2000-01
Percentage |
2000-01
Percentage |
---|---|---|
By Post |
29%
|
21%
|
In Person |
28%
|
33%
|
By Phone / PPS on Internet |
29%
|
30%
|
By ATM / Virtual ATM |
14%
|
16%
|
Total Number of transaction |
1,992,752
|
2,009,094
|
Payment methods |
2000-01
Percentage |
2001-02
Percentage |
---|---|---|
By Post |
32%
|
26%
|
In Person |
57%
|
60%
|
By Phone / PPS on Internet |
7%
|
8%
|
By ATM / Virtual ATM |
4%
|
6%
|
Total Amount |
73,870.3
|
77,749.0
|
Payment methods |
2000-01
Percentage |
2001-02
Percentage |
---|---|---|
By Post |
23%
|
19%
|
In Person |
52%
|
53%
|
By Phone / PPS on Internet |
17%
|
18%
|
By ATM / Virtual ATM |
8%
|
10%
|
Total Number of transaction |
3,520,608
|
3,395,327
|
Payment methods |
2000-01
Percentage |
2001-02
Percentage |
---|---|---|
By Post |
37%
|
32%
|
In Person |
55%
|
57%
|
By Phone / PPS on Internet |
5%
|
6%
|
By ATM / Virtual ATM |
3%
|
5%
|
Total Number of transaction |
100,437.4
|
101,327.8
|
Refunds are made to taxpayers for various reasons, such as in respect of an overpayment of tax or arising from revision of an assessment. They are issued as expeditiously as possible. During 2001-02, tax refunds totalling $6 billion were made (Figure 29).
Type of Tax | 2000-01 | 2001-02 | ||
---|---|---|---|---|
Number | Amount
(Dollars million) |
Number | Amount
(Dollars million) |
|
Profits Tax | 28,287 | 3,514.5 | 25,747 | 3,278.8 |
Salaries Tax | 307,974 | 1,285.4 | 298,929 | 1,344.3 |
Property Tax | 16,070 | 132.8 | 13,857 | 108.1 |
Personal Assessment | 34,577 | 313.6 | 31,133 | 286.4 |
Others | 11,337 | 967.2 | 11,928 | 1,040.9 |
Total | 398,245 | 6,213.5 | 381,594 | 6,058.5 |
Taxpayers should pay tax on or before the due date shown on the demand notes issued to them. The vast majority of taxpayers settle their tax liabilities in a timely manner.
A late payment surcharge of 5% will generally be imposed where tax is in default. If a tax debt remains outstanding for more than six months after the due date, the Department may impose a further surcharge of 10% on the total unpaid amount.
Any tax in default is immediately recoverable. Recovery notices can be issued to third parties (including employers, bankers and other parties owing money to or holding money on behalf of the defaulting taxpayers) to effect collection. Action may also be commenced in the District Court. Figure 30 summarizes the recovery action taken by the Department. Upon entry of judgment, a defaulting taxpayer becomes liable to legal costs and interest on the judgment debt for the period from the date of commencement of the proceedings to the date of full settlement in addition to the outstanding tax. Figure 31 shows the legal costs and judgment interest collected during 2001-02.
Recovery notices | 1998-99 | 1999-2000 | 2000-01 | 2001-02 |
---|---|---|---|---|
Number of notices | 161,602 | 158,793 | 137,183 | 121,852 |
Tax involved (dollars million) | 5,723 | 5,861 | 5,558 | 4,491 |
Recovery action in the District Court | 1998-99 | 1999-2000 | 2000-01 | 2001-02 |
---|---|---|---|---|
Number of actions | 18,866 | 18,892 | 15,942 | 11,638 |
Tax involved (dollars million) | 1,454 | 1,534 | 1,473 | 754 |
Legal costs and judgement interest collected | Dollars |
---|---|
Court Cost - Court Fees | 2,868,217 |
Court Cost - Execution Fees | 72,751 |
Fixed Cost | 1,022,940 |
Judgment Interest - Pre-judgment Interest | 3,253,120 |
Judgment Interest - Post-judgment Interest | 10,881,804 |
Total costs and interest collected | 18,098,832 |
A person with tax in default may be prevented
from leaving Hong Kong. This, however, requires the Commissioner to satisfy
a District Court Judge that there are reasonable grounds for believing that
the person intends to depart, or has departed, from Hong Kong to reside elsewhere
without paying his tax or furnishing adequate security for payment of such tax.
The relevant legislation also provides that the person concerned may appeal
to the Court of First Instance of the High Court against a District Judge's
decision.
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(Last updated/reviewed : January 13, 2003)