A. |
PERSONAL INFORMATION COLLECTION STATEMENT |
It is obligatory for you to supply the personal
data as required by the return and any required
supplementary forms and other forms. Breach of the
statutory requirement may render you liable to penalty
or other actions as provided under the Ordinances
administered by the Department. Moreover, if you fail to
supply the required information, your
application/request/notification will not be accepted
for processing. The Department will use the information
provided by you for the purposes of the Ordinances
administered by it and may disclose/transfer any or all
of such information to any other parties provided that
the disclosure/transfer is authorized or permitted by
law. Except where there is an exemption provided under
the Personal Data (Privacy) Ordinance, you have the
right to request access to and correction of your
personal data. You should send such request in writing
to the Assessor at GPO Box 132, Hong Kong and quote your
file number in this Department.
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B. |
INTRODUCTION |
(1) |
If after reading these notes you still have
difficulty in completing the return, or if you require
further information, please:-
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visit the Department's web site (www.ird.gov.hk);
or |
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write to or telephone the Assessor, Profits Tax,
quoting your File Number. |
(2) |
The term "relevant year" refers to the
particular year of assessment printed on page 1 of the
return for final assessment.
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(3) |
The Assessable Profits shown in Part 1 of the
return will be used to determine the amount of your
Profits Tax liability for the relevant year and the
amount of the Provisional Profits Tax payable for the
year of assessment following the relevant year. Any
Provisional Profits Tax charged for the relevant year
will be allowed against the Profits Tax liability for
that year.
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(4) |
If your business changed from a partnership to
a sole proprietorship or vice versa during the year, you
should report the profits / (loss) of the business for
the full basis period of the year of change in the
Profits Tax Return (BIR52) for the partnership but not
in your Tax Return-Individuals (BIR60).
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(5) |
All amounts must be shown in HK dollars
(excluding cents). If your financial statements
are prepared in a foreign currency, you should convert
the amounts into HK dollars before filling in the items.
In the tax computation, you should state the conversion
rate used.
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C. |
NOTICE FOR COMPLETION OF RETURN UNDER
SECTION 51(1) OF THE INLAND REVENUE ORDINANCE
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NOTE C1 |
ASSESSABLE PROFITS (OR ADJUSTED LOSS) |
The Assessable Profits (or Adjusted Loss) are
the net profits (or loss) [other than profits (or loss)
arising from the sale of capital assets] for the basis
period, arising in or derived from Hong Kong, calculated
in accordance with the provisions of the Inland Revenue
Ordinance (Cap. 112)("the IRO"), from any trade,
profession or business carried on in Hong Kong. Any
claim that profits are offshore (non-taxable) must be
accompanied by a statement setting out the reasons for
the claim. These reasons should be capable of being
substantiated by evidence, if requested.
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NOTE C2 |
BASIS PERIOD |
The basis period is either:- |
(1) |
the year ended 31 March during the relevant year;
or |
(2) |
where the annual accounts are made up to any
day other than 31 March, the year ended on that day in
the relevant year; or
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(3) |
where the
accounts are made up for each lunar year, the lunar year
ended in the relevant year; or |
(4) |
where you commenced or ceased to carry on a
business or changed your accounting date, the special
period prescribed by sections 18C, 18D or 18E of the IRO:-
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(a) |
for commencement cases, if accounts for this
period have not been prepared, the profits (or loss) to
be returned may be calculated by apportioning the
profits (or loss) shown by the accounts which cover the
period; or
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(b) |
for cessation / transfer of business cases,
special rules apply:- |
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(i) |
where the business does not cease but, in whole
or in part, is transferred to or carried on by another
person; or
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(ii) |
to
a business which commenced before 1 April 1974. |
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NOTE C3 |
ELECTRONIC FILING OF SUPPLEMENTARY FORMS TO
PROFITS TAX RETURN (S1 to S5, S15 & S20) AND OTHER FORMS
(IR1478, IR1481 & IR1482) |
Starting from 1 April 2023, all required
supplementary forms and other forms must be submitted
electronically. If you are required to file any aforesaid
form, you must download the relevant form and fill in the
form electronically. After completion, you must export the
filled form to XML file and upload the XML file via the
eTAX services under GovHK for submission. If you do not
choose to submit Profits Tax Return through electronic
filing or semi-electronic filing, you have to print and
sign a paper Control List (containing details of XML files
uploaded and QR code) generated by the eTAX services for
submission together with the Profits Tax Return. |
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NOTE C4 |
CRITERIA FOR SUBMISSION OF PROFITS TAX
RETURN THROUGH ELECTRONIC FILING OR SEMI-ELECTRONIC
FILING
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You can submit Profits Tax Return - Persons
Other Than Corporations (BIR52) and the required
financial statements, Profits Tax computation,
supplementary forms (S1 to S5, S15 & S20) and other forms (IR1478, IR1481 & IR1482) in the form of electronic records if the
following criteria are met:-
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(1) |
The return is for any year of assessment from 2022/23 to 2023/24;
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(2) |
The financial statements, tax computation,
supplementary form(s) and other form(s) (if applicable)
have been prepared in specified electronic format; and
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(3) |
The return is submitted by the precedent partner
/ proprietor / executor of the deceased person / agent /
manager of the business / general partner in the limited
partnership fund ("LPF") / authorized representative as
defined in section 2 of the Limited Partnership Fund
Ordinance (Cap. 637) / investment manager of the LPF /
principal officer of the body of persons or by service
provider who has obtained "Confirmation for Engagement of
Service Provider to Furnish Return" (IR1476) from you. |
If the signatory has a personal eTAX Account, he
can sign and submit the return online under the electronic
filing mode. Or he can print the simplified return
generated by the eTAX services under the semi-electronic
filing mode for signature and submission.
For details of electronic filing and application for an
eTAX Account, please visit GovHK (www.gov.hk/etax). |
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D. |
KEEPING BUSINESS RECORDS |
The IRO requires each person carrying on a
trade, profession, or business in Hong Kong to keep
sufficient records of his income and expenditure and
assets and liabilities in relation to that trade,
profession or business to enable his assessable profits
to be readily ascertained. Such records should be
retained for at least 7 years after the date of the
transactions to which they relate. Failure to keep
sufficient records may result in a fine of up to $100,000.
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E. |
OFFENCES AND PENALTIES |
The IRO provides heavy penalties for any
person who:- |
(1) |
fails to comply with the requirements of a
notice to make a return without reasonable excuse;
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(2) |
makes an incorrect return without reasonable
excuse; |
(3) |
makes a false return wilfully with intent to
evade tax; |
(4) |
fails to keep sufficient business records of
income and expenditure and assets and liabilities
without reasonable excuse;
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(5) |
fails to give notice of the cessation of a
trade, profession or business without reasonable
excuse; or
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(6) |
fails to notify a change of address without
reasonable excuse. |
EVASION OF TAX IS A CRIMINAL OFFENCE.
MAXIMUM PENALTY is a fine of $50,000 PLUS a further
fine of 3 times the undercharged amount and
imprisonment for 3 years.
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A service provider engaged by a taxpayer to
furnish a tax return for or on behalf of the taxpayer
may commit an offence if the service provider, without
reasonable excuse:-
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(1) |
fails to furnish the return;
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(2) |
fails to obtain and retain a confirmation
from the taxpayer stating that the information
contained in the return is correct and complete to the
best of the taxpayer's knowledge and belief; or
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(3) |
furnishes the return not in accordance with
the information provided, or instructions given, by
the taxpayer to the service provider and the return so
furnished is incorrect in a material particular.
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The above offence is subject to a fine of
$10,000; and the court may order the service provider
convicted to do within a specified time the act which
the service provider has failed to do.
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F. |
REMUNERATION PAID TO EMPLOYEES OR PERSONS
OTHER THAN EMPLOYEES
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If there are salaries, wages, commission and
subcontracting fees charged to the accounts, these
payments should also be reported under your Employer's
Return file reference with this Department. If you do
not have a file reference, dial 187 8022 for assistance.
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G. |
HOW TO COMPLETE THE RETURN |
PART 1 |
STATEMENT OF ASSESSABLE PROFITS OR ADJUSTED
LOSS |
To facilitate your computation of Assessable
Profits / Adjusted Loss, a pro forma Profits Tax
Computation and worked examples of calculations of
Depreciation Allowance and Allocation of Assessable
Profits / Adjusted Loss (IR957) can be obtained through
the Fax-A-Form service (Telephone No. 2598 6001) or
downloaded from the Department's web site
(www.ird.gov.hk).
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(1) |
The Assessable Profits or Adjusted Loss to be
shown are before any loss brought forward from
prior year.
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State whether you are chargeable at two-tiered
rates in Item 1.6 (applicable to year of assessment
2018/19 and subsequent years). If you have no connected
entity or no other connected entity elects to be so
chargeable for the subject year, you are chargeable at
two-tiered rates. For connected entities, the two-tiered
rates will only be applicable to one of them. The entity
electing for the two-tiered rates must complete Item 9.1
and provide a complete list of connected entities
carrying on a trade, profession or business in Hong Kong
in supplementary form (S1) unless the entity is a member
of a group of companies, one of which is listed on the
Stock Exchange of Hong Kong. For details of the
two-tiered profits tax rates regime, please refer to the
Department's web site.
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(2) |
ADJUSTMENTS TO BE MADE:- |
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The profits or loss shown by the financial statements must be converted to the Assessable Profits or Adjusted Loss computed in accordance with Part 4 of the IRO. The adjustments include, but not limited to, the following items:-
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To be added to the net profits or deducted
from the loss:- |
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(a) |
REMUNERATION PAID OR GIVEN TO THE PROPRIETOR
OR SPOUSE OF THE PROPRIETOR OR ANY PARTNER OR ANY
PARTNER'S SPOUSE AND THE COST OF OTHER BENEFITS provided
to such persons and charged to the financial statements
before arriving at profits / loss as shown in the
financial statements, such as:-
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(i)
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salaries, wages, bonuses and commission; |
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(ii)
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drawings, domestic or private expenses
including travelling between residence and place of
business;
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(iii)
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food supplied at the expense of the business; |
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(iv)
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the cost of living accommodation supplied by the
business; |
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(v)
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interest on capital; |
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(vi)
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interest on loans; |
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(vii)
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goods taken from inventories; |
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(viii)
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life insurance premiums; |
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(ix)
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rent charged for premises owned by the
proprietor; |
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(x)
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contributions to any Mandatory Provident Fund
Scheme for the proprietor or any partner in excess of
the mandatory amount. This mandatory amount is to be
reduced by the total amount of mandatory contributions
of such a person allowed:-
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as an employee (whether in the Salaries Tax
Assessment or Personal Assessment of the person); and
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in the Profits Tax assessment of any other
business of which the person is the proprietor or a
partner;
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(xi)
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contributions to any Mandatory Provident Fund
Scheme for the spouse of the proprietor or the spouse of
any partner;
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(b) |
appropriations of profits or transfers to
reserve charged before arriving at the profit / loss
shown in the financial statements;
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(c) |
expenses or outgoings to the extent to which
they are not incurred in the production of profits in
respect of which you are chargeable to Profits Tax, e.g.
gifts, fines, penalties, personal or domestic expenses,
gratuitous payments, interest on monies not specifically
employed in the production of such profits, except that
donations of not less than $100 in aggregate to
charitable bodies which are exempt from tax under
section 88 of the IRO or to the Government for
charitable purposes, may be deducted, provided the
deduction does not exceed 35% of the Assessable Profits
before set off of losses;
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(d) |
amounts charged against your profits being
expenditure or losses of a capital nature, e.g.
purchases of or additions to plant, machinery,
buildings, furniture, office equipment, etc.,
improvements and extraordinary repairs;
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(e) |
any depreciation written off (other than the
allowances permitted under Part 6 of the IRO); |
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(f) |
any loss or expense recoverable under an
insurance or a contract of indemnity; |
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(g) |
taxes charged under the IRO, e.g. Profits Tax,
Property Tax and charged to the financial statements
before arriving at the profit / loss shown in the
financial statements;
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(h) |
an ordinary / regular annual contribution to a
fund established under a recognized retirement scheme to
the extent that it exceeds 15% of the total emoluments
of each employee concerned for the period in respect of
which the payment is made;
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(i) |
any loss from a trade, profession or business NOT
carried on in Hong Kong and any loss from the sale of
capital assets;
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(j) |
any part of the losses of a trade, profession
or business carried on by another person who is
chargeable to Hong Kong Profits Tax which is included in
your financial statements;
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(k) |
other income or profits not already included,
e.g. profits of a branch office in Hong Kong, casual
profits, revenue subsidies, etc.;
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(l) |
any balancing charge assessable under Part 6 of
the IRO; |
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(m) |
any deemed assessable profits under section 20AE, 20AF, 20AX and/or 20AY of the IRO or section 22 and/or 23 of Schedule 16E to the IRO; |
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(n) |
any loss from qualifying debt instruments as
defined in section 14A(4) of the IRO and issued on or
after 1 April 2018; |
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To be deducted from the net profits or added
to the loss:- |
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(o) |
any profits of a capital nature, gains or profits from disposal of qualifying equity interests (subject to the enactment and operation of relevant legislation) or profits NOT arising in or derived from Hong Kong (except the specified foreign-sourced income which cannot be exempted from Profits Tax under the foreign-sourced income exemption regime) where these have been credited to your Statement of Comprehensive Income/Profit and Loss Account;
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(p) |
any sum credited to your Statement of
Comprehensive Income/Profit and Loss Account which is
derived from non-business assets;
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(q) |
any part of the profits of a trade, profession
or business carried on by another person who is
chargeable to Hong Kong Profits Tax which is included in
your financial statements;
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(r) |
dividends received from a corporation; |
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(s) |
interest on Tax Reserve Certificates; |
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(t) |
the depreciation allowances permitted under Part
6 of the IRO not already charged; |
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(u) |
net interest income derived from deposits
placed in Hong Kong with an authorized institution which
is exempted from payment of Profits Tax under the
Exemption from Profits Tax (Interest Income) Order;
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(v) |
contributions to any Mandatory Provident Fund
Scheme for the proprietor or any partner which have not
been charged in the financial statements of the
business, to the extent of the mandatory amount;
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(w) |
interest, profits or gains from qualifying debt
instruments as defined in section 14A(4) of the IRO and
issued on or after 1 April 2018.
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(3) |
DOCUMENTS AND INFORMATION TO BE PREPARED AND
SUBMITTED |
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(a) |
a certified copy of your Statement of Financial
Position/Balance Sheet and Statement of Comprehensive
Income/Profit and Loss Account for the basis period.
Such certified copies should show that the proprietor or
the precedent partner has agreed the financial
statements by signature thereon;
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(b) |
details of interest paid or payable, including
the name and address of the lender, his relationship
with you, the purpose for which the loan was obtained,
any security given to the lender and the specific
condition under section 16(2) of the IRO which you rely
on for the claim for deduction;
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(c) |
details of profits / income / interest received
and claimed to have an offshore source and the related
direct and indirect expenses;
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(d) |
reconciliation statements and other supporting
schedules where necessary; |
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(e) |
details of expenditure incurred on, and proceeds
from the sale of, environmental protection machinery,
environment-friendly vehicles, and environmental
protection installation, including any part of expenditure
on environmental protection installation that remains to
be deducted (and is to be fully deducted) in the year of
assessment 2018/19; |
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(f) |
a list of all new items of furniture, fixtures,
equipment, plant, machinery, vehicles, buildings, etc.
acquired during the period covered by the financial
statements submitted in support of this return, stating
the date of purchase and the purchase price of each
item. If any item was acquired by hire purchase state
the agreed purchase price and the instalments paid,
excluding interest in each case;
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(g) |
details of expenditure incurred on, and
proceeds from the disposal of any rights in or arising
out of, research and development;
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(h) |
details of expenditure incurred on
refurbishment of a building (other than a domestic
building), the location and how the building has been
used during the year;
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(i) |
details of any change in the method of
valuation of opening or closing inventories or
work-in-progress from that previously used (not
applicable to the commencement of a trade, profession or
business);
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(j) |
summary of each capital account and each drawings
account maintained in the books; |
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(k) |
(i) |
details of rental payments in respect of each
premises rented including full name and address of the
landlord or recipient of rent, the exact location and the
rating assessment number (if available), the total rent
paid and the period covered. In case lease expenditures
(i.e. interest on lease liability and depreciation on
right-of-use asset charged in the profit and loss
account), instead of contractual rental payments, are
claimed for deduction, see also Item (ii) below; |
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(ii) |
details of lease expenditures (i.e. interest on
lease liability and depreciation on right-of-use asset
charged in the profit and loss account) in respect of each
item / each class of leased assets and computation of
impairment and / or revaluation adjustments (if any). For
profits tax treatment and assessing practice relating to
lease expenditures, please refer to the related
information on the Department's web site; |
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(l) |
details of any management fee paid to a related
service company, including name and Business
Registration Number of the payee and amount paid;
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(m) |
details showing the name, address and Hong Kong
Identity Card Number / Business Registration Number of
each recipient, amount paid to each recipient and nature
of service in respect of the following items:-
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(i) |
contractors
and subcontractors fees; |
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(ii) |
management
fees; |
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(iii) |
commission;
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(iv) |
legal
and other professional fees; |
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(v) |
hire,
rental or similar charges for the use or right to use
movable property in Hong Kong; |
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(n) |
details of and reasons for bad debt provisions
and write-offs, showing name and address of each debtor,
and the respective amounts;
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(o) |
details showing the payments of mandatory
contributions made under the Mandatory Provident Fund
Schemes Ordinance in respect of the proprietor or each
partner during the basis period and charged to the
financial statements;
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(p) |
the following information relating to the
cessation of business, if applicable:- |
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(i) |
for letting or sale of the business or any of
its assets, the name and address of any transferee
together with particulars of the terms of transfer;
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(ii) |
whether or not you have control over the buyer
of the assets of your business, or he has control over
you, or some other person has control over both him and
you;
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(iii) |
full
details of sums received or paid after cessation; |
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(iv) |
the
present occupation of the proprietor / partners of the
closed business; |
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(q) |
a computation of the deemed assessable profits together with the name and address of each non-resident person, special purpose vehicle, fund, special purpose entity, family-owned investment holding vehicle and family-owned special purpose entity, where applicable(See Notes Item 2.2 in Part 2);
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(r) |
details of deduction claimed for approved
charitable donations, showing full name of each
charitable institution or trust of a public character
which is exempt from tax under section 88 of the IRO and
the respective amount;
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(s) |
for the purposes of section 50AAK, a PE of a
non-Hong Kong resident person should provide:
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(i) |
for each fund provided by the non-Hong Kong resident person to the PE, the amount of fund, nature, interest rate
and interest expense for the year of assessment; |
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(ii) |
amount
of free capital attributed to the PE and its computation;
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(iii) |
amount
of capital attribution tax adjustment and its computation.
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PART 2 |
SPECIFIED TRANSACTIONS AND
MATTERS |
Item 2.1 |
PAYMENTS TO NON-RESIDENTS FOR THE
USE/ASSIGNMENT OF INTELLECTUAL PROPERTY |
You must submit, for each recipient, the name,
identity (i.e. individual, partnership or corporation),
amount, type of intellectual property and the IRD file
number with which you submit the Profits Tax Return
(BIR54) for the recipient in respect of sums paid or
accrued to a non-resident person:-
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(1) |
for the exhibition or use in Hong Kong of
cinematograph or television film or tape, sound
recording or their connected advertising material;
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(2) |
for the use, or the right to use, in Hong Kong
or outside Hong Kong when such sums are deductible in
ascertaining your assessable profits, of any patent,
design, trade mark, copyright material, *layout-design
(topography) of an integrated circuit, *performer's
right, *plant variety right, secret process or formula;
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*(3) |
for an assignment of, or agreement to assign, a
performer's right in relation to a performance given by
the performer in Hong Kong on or after 29 June 2018 and
the sums were paid or accrued to the performer or an
organizer.
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(*information is only required for sums paid or
accrued on or after 29 June 2018.)
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Item 2.2 |
DEEMED ASSESSABLE PROFITS UNDER SECTION 20AE, 20AF, 20AX AND/OR 20AY OF THE INLAND REVENUE ORDINANCE OR SECTION 22 AND/OR 23 OF SCHEDULE 16E TO THE INLAND REVENUE ORDINANCE
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You must include the deemed assessable profits under section 20AE and/or 20AF or 20AX and/or 20AY of the IRO or section 22 and/or 23 of Schedule 16E to the IRO in your Assessable Profits or Adjusted Loss, as stated in Part 1, if:-
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(a) |
a
non-resident person's assessable profits are exempt from
tax under section 20AC of the IRO, and during any part of
the year the non-resident person is your associate or you
(alone or jointly with any of your associates) hold a
beneficial interest of 30% or more in the non-resident
person; |
(b) |
for year of
assessment 2015/16 and subsequent years, the assessable
profits of a special purpose vehicle, in which a
non-resident person satisfying (a) above has a beneficial
interest, are exempt from tax under section 20ACA of the
IRO;
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(c) |
for year of assessment 2019/20 and subsequent years, the assessable profits of a fund falling within the meaning given by section 20AM of the IRO are exempt from tax under section 20AN of the IRO, and during any part of the year the fund is your associate or you (alone or jointly with any of your associates) hold a beneficial interest of 30% or more in the fund; |
(d) |
for year of assessment 2019/20 and subsequent years, the assessable profits of a special purpose entity, in which a fund satisfying (c) above has a beneficial interest, are exempt from tax under section 20AO of the IRO; |
(e) |
for year of assessment 2022/23 and subsequent years, the assessable profits of a family-owned investment holding vehicle are chargeable at concessionary tax rate under section 9 of Schedule 16E to the IRO, and during any period of time in the year the family-owned investment holding vehicle is your associate or you (alone or jointly with any of your associates) hold a beneficial interest of 30% or more in the family-owned investment holding vehicle; or |
(f) |
for year of assessment 2022/23 and subsequent years, the assessable profits of a family-owned special purpose entity, in which a family-owned investment holding vehicle satisfying (e) above has a beneficial interest, are chargeable at concessionary tax rate under section 16 of Schedule 16E to the IRO. |
In addition, you are required to provide the
following information on a separate sheet:-
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(1) |
name and address of each such non-resident person, special purpose vehicle, fund, special purpose entity, family-owned investment holding vehicle and family-owned special purpose entity, where applicable; and
(2) |
a computation of the deemed assessable profits. |
In calculating the deemed assessable profits, please refer to Schedule 15, 15A, 15C, 15D, 16J and/or 16K to the IRO and to the related information on the Department's web site.
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Item 2.3 |
SHORT TERM DEBT INSTRUMENT AND MEDIUM TERM
DEBT INSTRUMENT (ISSUED BEFORE 1 APRIL 2018) |
Profits/loss from short/medium term debt instruments (issued before 1 April 2018) are assessable under section 14A of the IRO at concessionary tax rate equivalent to one-half of the profits tax rate and they must be included in the Assessable Profits or Adjusted Loss as stated in Part 1:-
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(1) |
"Short term debt instrument" and "medium term
debt instrument" are defined in section 14A(4) of the
IRO.
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(2) |
You are required to provide separate lists of "short term debt instrument" and "medium term debt instrument" held by you showing in respect of each debt instrument the issue number, date of issue, date of maturity, your relationship with the issuer, the amount of interest, profits / loss arising therefrom and the credit ratings from the credit rating agencies recognized by the Hong Kong Monetary Authority as at the end of the basis period.
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Item 2.4 |
CLAIM FOR RELIEF FROM DOUBLE TAXATION |
(1) |
Double taxation relief is available only for
territories with which the Hong Kong Special
Administrative Region has arrangements for avoidance of
double taxation. The Commissioner may verify your claim
with the tax authority of the territory concerned.
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(2) |
If a tax credit is claimed, give the foreign
tax computation showing the nature and amount of the
income taxed. The amount of tax credit claimed must be
the final amount of tax charged and paid by you. You
must notify the Commissioner in writing of any changes
in the amount claimed.
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Item 2.5 |
ADVANCE RULING |
If you have obtained an Advance Ruling under
section 88A of the IRO, and in preparing the return you
are required to take into account the way in which a
provision of the IRO applies to the arrangement(s)
identified in the Ruling, you must submit the following
information on a separate sheet:-
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(1) |
the reference number of the Ruling; |
(2) |
whether or not you have relied on the Ruling in
preparing and providing the return; and |
(3) |
details of any material changes to the
arrangement(s) identified in the Ruling. |
If you have obtained the Commissioner's opinion
/ Advance Ruling on the compliance with the economic
substance requirements in relation to specified
foreign-sourced income, you only need to provide the
requested information on the Commissioner's opinion /
Advance Ruling in IR1478 when required to complete such
form (See Notes Item 7.8 in Part 7).
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Item 2.7 |
PERMANENT ESTABLISHMENT IN HONG KONG |
(1) |
A Hong Kong resident person means a person who
is resident for tax purposes in Hong Kong. A non-Hong
Kong resident person means a person who is not a Hong
Kong resident person.
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(2) |
A non-Hong Kong resident person who has a PE in
Hong Kong is regarded as carrying on a trade, profession
or business in Hong Kong for the purpose of charging
profits tax.
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(3) |
If you are a DTA territory resident person, the
meaning of a PE is to be determined in accordance with
the relevant provisions under the double taxation
arrangements concerned.
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(4) |
If you are a non-DTA territory resident person,
PE includes a fixed place of business as defined in
Section 4 in Part 3 of Schedule 17G to the IRO and
agent's activities as defined in Section 7 in Part 3 of
Schedule 17G to the IRO.
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(5) |
The income or loss of the person attributable
to the PE is to be assessed in accordance with section
50AAK of the IRO.
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PART 3 |
DETAILS OF THE BUSINESS |
(1) |
The IRO requires that the Commissioner be
informed of a change of address WITHIN 1 MONTH. |
(2) |
The Business Registration Ordinance (Cap. 310)
requires changes of specified particulars of a business
to be notified WITHIN 1 MONTH. Information in
Item 3.3 will be accepted as a notification under
section 8 of the Business Registration Ordinance. Any
notification of change of business address should be
given to the Business Registration Office separately.
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(3) |
If you cease to carry on any trade, profession
or business, the Commissioner must be informed WITHIN
1 MONTH.
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(4) |
You must state your 6-digit industry code of
the Hong Kong Standard Industrial Classification
(version 2.0) maintained by the Census and Statistics
Department ("C&SD"). For the index of industry
codes, please refer to C&SD's web site
(www.censtatd.gov.hk). If you engaged in more than one
business activity in the basis period, please state the
industry code with reference to your principal
business activity. If you did not have any
business activity during the basis period, please state
"000000" as the industry code.
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PART 5 |
AUTHORIZED REPRESENTATIVE |
The authorized representative's reference
number must be any combination of a maximum of 10
alpha-numeric characters. Symbols and punctuation marks
such as commas, hyphens, colons and the like cannot be
used. The authorized representative should quote this
reference number in all correspondence with the
Department.
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PART 6 |
PERSONAL PARTICULARS OF PROPRIETOR OR
PARTNERS AND ALLOCATION OF PROFITS / LOSS AND CLAIM
FOR DEDUCTION OF MANDATORY CONTRIBUTIONS
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(1) |
If the proprietor or the partner is:- |
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(a) |
an individual, state whether Mr, Mrs, Miss or Ms;
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(b) |
a "Tong", another partnership, a corporation or a body of persons, state its correct description and Business Registration Number;
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(c) |
another partnership, state the full name and Hong Kong Identity Card Number of each individual partner of the partnership on a separate sheet.
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(2) |
The allocation of Assessable Profits / Adjusted Loss between partners (including corporate partners or non-corporate partners of LPF) should firstly take into account any salary, interest etc. which is payable to individual partners or their spouses in the basis period, any balance remaining then being apportioned in the agreed profit / loss sharing ratio during the basis period.
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(3) |
Information in Item 6.1 will be accepted as a
notification under section 8 of the Business
Registration Ordinance. The Business Registration
Ordinance requires changes of specified particulars of a
business to be notified WITHIN 1 MONTH.
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(4) |
Profit / Loss sharing ratio refers to the
agreed percentage ratio of sharing profit / loss of the
business among the partners during the basis period. If
there is any change during the basis period, state the
ratio as at the end of the basis period.
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(5) |
ELECTION FOR PERSONAL ASSESSMENT |
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(a) |
Intention to elect for Personal Assessment |
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The proprietor or any partner who wishes to
elect for Personal Assessment should put a "P" in the appropriate box. You are
reminded that election for Personal Assessment should be
made in Tax Return - Individuals (BIR60).
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(b) |
Who may elect for Personal Assessment |
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Under section 41 of the IRO an individual,
being an ordinary resident in Hong Kong or a temporary
resident, may elect for Personal Assessment on the
individual's total income, and to receive allowances and
pay tax at rates similar to those applicable to Salaries
Tax. If the individual is married and not living apart
from the individual's spouse; both of them have income
assessable under the IRO; and either one or both of them
are eligible to make an election for Personal
Assessment, they may jointly make the election. However,
if the individual and the individual's spouse are
jointly assessed under Salaries Tax, the individual may
not make an election for Personal Assessment unless both
of them jointly make the election. (The option for
married person to elect for Personal Assessment
separately is applicable to year of assessment 2018/19
and subsequent years.)
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(c) |
Meaning of "temporary" resident |
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A "temporary" resident means an individual who
stays in Hong Kong for a period or a number of periods
amounting to more than 180 days during the year of
assessment in respect of which the election is made or
for a period or periods amounting to more than 300 days
in 2 consecutive years of assessment one of which is the
year of assessment in respect of which the election is
made.
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(d) |
Time limit for electing for Personal
Assessment |
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Any election must be lodged on the prescribed
form not later than 2 years after the end of the year of
assessment in respect of which the election is made, or
1 month after an assessment of income or profits for
such year of assessment becomes final and conclusive,
whichever is the later.
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PART 7 |
GENERAL MATTERS |
Item 7.3.1 |
Information in Item 7.3.1 will be accepted as a
notification under section 8 of the Business
Registration Ordinance. The Business Registration
Ordinance requires changes of specified particulars of a
business to be notified WITHIN 1 MONTH.
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Item 7.4 |
You can elect to align the tax treatment of
financial instruments with their accounting treatment
under section 18H(2) of the IRO and have the related
profits assessed in accordance with sections 18I to 18L
of the IRO. Sections 18G to 18L of the IRO apply in
relation to a year of assessment for which the basis
period begins on or after 1 January 2018. For
revocation, state the reason(s) on a separate sheet.
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Item 7.7 |
A family-owned special purpose entity whose beneficial interest is held, whether directly or indirectly, by an eligible family-owned investment holding vehicle can enjoy profits tax concession. If you wish to claim profits tax concession, you are required to complete Item 10.10.
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Item 7.8 |
If you are a constituent entity of a multinational enterprise group, and during the basis period, any of the following specified foreign-sourced income: (i) accrued to you; or (ii) was received or deemed to have been received by you in Hong Kong, on or after the date specified below:
(a) 1 January 2023 - interest, dividends, disposal gains in relation to sale of an equity interest in an entity ("equity interest disposal gain"), or income from an intellectual property; or
(b) 1 January 2024 - disposal gains in relation to intellectual property or non-intellectual property, other than equity interest
disposal gain;
please download IR1478 from the Department's web site (www.ird.gov.hk/e_pfr) for electronic completion and submission.
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Item 7.9 |
If you wish to claim profits tax concessions for profits sourced in Hong Kong from eligible intellectual property income subject to the enactment and operation of relevant legislation, please download IR1482 from the Department's web site (www.ird.gov.hk/e_pfr) for electronic completion and submission.
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PART 8 |
TRANSACTIONS FOR / WITH NON-RESIDENTS |
Item 8.1.1& Item 8.1.2 |
Where goods are sold on behalf of a
non-resident person a separate quarterly return must be
submitted on Form BIR52B. This will be issued on
application. Where you have, as agent, received on
behalf of a non-resident person any other trade or
business income arising in or derived from Hong Kong,
you will be asked to give further details of the agency.
In this context, "agent" has the meaning given by
section 2 of the IRO to include the agent, attorney,
factor, receiver or manager in Hong Kong of the
non-resident person, or any person in Hong Kong through
whom such person is in receipt of any profits or income
arising in or derived from Hong Kong.
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Item 8.1.3 |
Value creation contributions include performing
the functions of, or providing assets in and assuming
risks relating to the development, enhancement,
maintenance, protection or exploitation of the
intellectual property.
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Item 8.2 |
For hire, rental or similar charges paid or
accrued to non-resident persons for the use of or the
right to use movable property in Hong Kong.
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Item 8.3 |
For fees, including management, consultancy or
service fee, paid or accrued to non-resident persons in
respect of professional services rendered in Hong Kong.
Include the full amount of fees paid to non-resident
persons in respect of services rendered partly outside
Hong Kong.
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PART 9 |
DETAILS OF SUPPLEMENTARY FORM(S) UPLOADED |
Item 9.1 |
If you have connected entities and elect to be
chargeable at the two-tiered rates for the subject year,
a complete list of the connected entities carrying on a
trade, profession or business in Hong Kong should be
provided. Please download supplementary form (S1) from
the Department's web site (www.ird.gov.hk/e_pfr) for
electronic completion and submission. If you had no
connected entity or you were a member of a group of
companies, one of which was listed on the Stock Exchange
of Hong Kong for the subject year, you are not required
to submit supplementary form (S1).
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Item 9.2 |
Please download supplementary form (S2) from
the Department's web site (www.ird.gov.hk/e_pfr) for
electronic completion and submission if one or more of
the following apply:-
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(1) |
You are
required to complete section 1 of S2 if you had
transactions with non-resident associated persons / other
parts of the non-Hong Kong resident person during the
basis period.
A person is associated with another person (each an
affected person) if, as between them, the participation
condition is met. The participation condition is met as
between two persons if, at the time of carrying out the
transaction, one of the affected persons was participating
in the management, control or capital of the other
affected person, or the same person or persons was or were
participating in the management, control or capital of
each of the affected persons. You have transactions with
other parts of the non-Hong Kong resident person if you
are a Hong Kong PE of a non-Hong Kong resident person and
have transactions with the other parts of that non-Hong
Kong resident person, e.g. transactions between the head
office and its branch.
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(2) |
You are
required to complete section 2 of S2 if an advance pricing
arrangement has been made for the basis period under
section 50AAP of the IRO. |
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(3) |
You are
required to complete section 3 of S2 if you belonged to a
multinational enterprise group in the basis period and the
group is obliged to file a country-by-country report for
the accounting period in which the basis period begins.
Part 9A of the IRO provides that a country-by-country
return must be filed in respect of a multinational
enterprise group of which its consolidated group revenue
is not less than the threshold amount prescribed under
section 58D of the IRO pursuant to the requirements of the
Organisation for Economic Co-operation and Development ("OECD")
(applicable to accounting period beginning on or after 1
January 2018).
"Multinational
enterprise group" means a group that includes:
(a) two or more enterprises of which the tax residence is
in different jurisdictions; or
(b) an enterprise that is resident for tax purposes in one
jurisdiction and is subject to tax in another jurisdiction
with respect to the business carried out through a PE in
that other jurisdiction. |
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(4) |
You are
required to complete section 4 of S2 if you are a
constituent member of a multinational enterprise group
with a total consolidated group revenue of at least EUR
750 million, or an equivalent amount as at the accounting
year end date, for the immediate preceding accounting
period. |
Item 9.3 |
If you wish to claim deduction for R&D
expenditure under section 16B of the IRO and/or you had
trading receipts or sale proceeds from intellectual
property rights generated from R&D activities during
the basis period, please download supplementary form
(S3) from the Department's web site
(www.ird.gov.hk/e_pfr) for electronic completion and
submission.
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Item 9.4 |
If you wish to claim deduction for expenditure
incurred on energy efficient building installation under
the Hong Kong Energy Efficiency Registration Scheme for
Buildings administered by the Electrical and Mechanical
Services Department under section 16I of the IRO, please
download supplementary form (S4) from the Department's
web site (www.ird.gov.hk/e_pfr) for electronic
completion and submission.
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Item 9.5 |
If you were carrying on the business as a
ship-owner, please download supplementary form (S5) from
the Department's web site (www.ird.gov.hk/e_pfr) for
electronic completion and submission.
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Item 9.6 |
If you wish to claim tax concession in respect
of eligible carried interest as provided in Schedule 16D
to the IRO, please download supplementary form (S15)
from the Department's web site (www.ird.gov.hk/e_pfr)
for electronic completion and submission.
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Item 9.7 |
If you are an eligible family-owned investment holding vehicle managed by an eligible single family office in Hong Kong, please download supplementary form (S20) from the Department's web site (www.ird.gov.hk/e_pfr) for electronic completion and submission. "Family-owned investment holding vehicle" and "eligible single family office" are defined in Schedule 16E to the IRO.
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PART 10 |
TAX DATA |
Item 10.1 |
The amount of net offshore profits should be
stated. If the amount is nil or a negative figure, "0"
should be inserted.
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Item 10.3 |
If a loss is incurred, "0" should be inserted in
this item. |
Item 10.4 |
For onshore gains or profits derived by an entity from disposal of equity interests in another entity which can be regarded as arising from the sale of capital assets and not chargeable to profits tax if certain specified conditions are met. Subject to the enactment and operation of relevant legislation, the new provisions apply to onshore gains or profits on disposal of equity interests, where the disposal is made on or after 1 January 2024. If you have excluded such gains or profits from your assessable profits or adjusted loss, please download IR1481 from the Department's website (www.ird.gov.hk/e_pfr) for electronic completion and submission. |
Item 10.5 |
If a loss is incurred, "0" should be inserted in
this item. |
Item 10.6 |
For net interest income derived from deposits
placed in Hong Kong with an authorized institution (e.g.
a bank or a deposit-taking company) exempted from
payment of Profits Tax under the Exemption from Profits
Tax (Interest Income) Order.
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Item 10.7 |
For any interest, profits or gains from
qualifying debt instruments as defined in section 14A(4)
of the IRO, issued on or after 1 April 2018 and you are
not an associate of the respective issuer. If a loss is
incurred, "0" should be inserted in this item.
You are required to provide separate lists of qualifying
debt instruments held by you showing in respect of each
debt instrument the issue number, date of issue, date of
maturity, your relationship with the issuer, the amount
of interest, profits or gains arising therefrom, the
stock code in Stock Exchange of Hong Kong (if
applicable) and the credit ratings from the credit
rating agencies recognized by the Hong Kong Monetary
Authority as at the end of the basis period.
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Item 10.8 |
For the amount of exempted profits from transactions in assets of a class specified in Schedule 16C to the IRO and incidental transactions derived by a fund falling within the meaning given by section 20AM of the IRO and satisfying the exemption conditions in section 20AN of the IRO. If a loss is incurred, "0" should be inserted in this item. In case of an open-ended fund company with sub-funds, the aggregate amount of exempted profits of each sub-fund should be stated in this item and you are required to provide a computation of such amount.
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Item 10.9 |
For the amount of exempted profits from transactions in securities in section 20AO(2)(a) to (e) of the IRO derived by a special purpose entity owned by a fund that is exempt under section 20AN of the IRO. If a loss is incurred, "0" should be inserted in this item.
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Item 10.10 |
For the amount of exempted profits from transactions specified in section 16(3) of Schedule 16E to the IRO derived by a family-owned special purpose entity whose beneficial interest is held, whether directly or indirectly, by a family-owned investment holding vehicle that is chargeable at concessionary tax rate. If a loss is incurred, "0" should be inserted in this item.
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Item 10.12 & Item 10.13 |
In ascertaining the chargeable profits there
shall be deducted specified capital expenditure on the
provision of any prescribed fixed assets as specified in
section 16G(6) of the IRO. For convenience, they are
classified as "computer hardware and software" and
"prescribed manufacturing machinery or plant".
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Item 10.14 |
For specified capital expenditure on the
provision of any environmental protection machinery
claimed for deduction under section 16I(2) of the IRO.
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Item 10.15 |
For specified capital expenditure on the
construction of any environmental protection
installation claimed for deduction under section 16I(3)
(applicable for any year of assessment prior to 2018/19
and the next succeeding 4 years), 16I(3A) (applicable
for the year of assessment 2018/19 only); or 16I(3B)
(applicable for the year of assessment 2018/19 and
subsequent years) of the IRO.
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Item 10.16 |
For specified capital expenditure on the
provision of any environment-friendly vehicles claimed
for deduction under section 16I(2) of the IRO.
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Item 10.17 |
For capital expenditure on the purchase of
patent rights or rights to know-how claimed for
deduction under sections 16E and 16EC of the IRO. The
expenditure includes legal expenses and valuation fees
incurred for the purchase.
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Item 10.18 |
For specified capital expenditure on the
purchase of specified intellectual property rights
(including performer's economic right, protected
layout-design (topography) right and protected plant
variety right for the year of assessment 2018/19 and
subsequent years) claimed for deduction under sections
16EA and 16EC of the IRO.
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Item 10.19 |
For mandatory contributions made for the
proprietor or partners under the Mandatory Provident
Fund Schemes Ordinance and claimed for deduction.
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PART 11 |
FINANCIAL DATA |
Please extract from your detailed Statement of
Financial Position/Balance Sheet, Statement of
Comprehensive Income/Profit and Loss Account the
financial data to fill in this Part. Financial data of
an identical or a similar nature in the financial
statements should be added up and grouped under the
appropriate item.
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Item 11.1 |
Gross income means ALL TYPES OF INCOME
including but not limited to sales and other ordinary business income,
proceeds from the sale of capital assets and other
non-taxable income, whether or not derived from the
principal business activity.
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Item 11.2 |
Turnover refers to the revenue arising from
your principal business activities. Items of revenue and
gains that arise incidentally or are exceptional in
nature should be excluded.
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Item 11.3 |
Opening inventories refer to the TOTAL
of all kinds of opening inventories, including raw
materials, work-in-progress and finished goods.
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Item 11.4 |
Purchases refer to the TOTAL of
purchases of all kinds of inventories, irrespective of
whether direct costs, direct expenses or overheads have
been included.
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Item 11.5 |
Closing inventories refer to the TOTAL
of all kinds of closing inventories, including raw
materials, work-in-progress and finished goods.
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Item 11.6 & Item 11.7 |
Gross profit / Gross loss generally refers to
the difference between turnover and cost of sales. If
you are not engaged in the trading of goods or
commodities and no such figure exists in the financial
statements, insert "0" in both items.
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Item 11.8 |
Dividend income refers to the total amount of
dividend received / receivable from shares held by you
and reported in the financial statements.
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Item 11.9 |
Interest income includes bank interest,
inter-company interest income, loan interest income, and
any item of a similar nature.
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Item 11.10 |
Interest expense includes bank interest,
hire-purchase interest, inter-company interest, mortgage
loan interest, trust receipt interest, and any item of a
similar nature.
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Item 11.11 |
Employee remuneration includes salaries, wages,
bonuses, cash allowance, commission, etc. paid to
employees (excluding those paid to the proprietor or any
partner and their spouses) and any item of a similar
nature. Remuneration of staff working overseas or in the
Mainland should also be included.
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Item 11.12 |
Commission payments refer to payments to
agents, sales representatives, etc. for their services,
whether paid or accrued.
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Item 11.13 |
Intellectual property payments refer to:-
(a) royalty payments to the owner (whether a
non-resident person or not) for the use of intellectual
property (such as cinematograph or television film or
tape, sound recording, patent, design, trade mark,
copyright material, *layout-design (topography) of an
integrated circuit, *performer's right, *plant variety
right, secret process or formula, and computer software)
whether paid or accrued; and
(b) *payments to a performer or an organizer for the
assignment of, or agreement to assign, a performer's
right in relation to a performance given by the
performer in Hong Kong on or after 29 June 2018, whether
paid or accrued.
(*only applicable for sums paid or accrued on or after
29 June 2018)
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Item 11.14 |
Management and consultancy fee payments refer
to payments for management / administrative or
professional services, whether paid or accrued. Building
management fees should not be included.
|
Item 11.15 |
Contractor and subcontractor charges refer to
charges paid / payable to third parties in respect of
works / services contracted out.
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Item 11.16 |
Bad debts include any provision for bad debts,
whether specific or general. |
Item 11.17 & Item 11.18 |
Net profit / Net loss per account refers to net
profits or net loss BEFORE tax shown in the
Statement of Comprehensive Income/Profit and Loss
Account.
|
Item 11.19 & Item 11.20 |
Accounts receivable (trade) / Accounts payable
(trade) refer to trade debts. |
Item 11.21 |
Total value of assets refers to the total value of your assets shown in the Statement of Financial Position / Balance Sheet. |
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PART 12 |
DECLARATION |
The return must be signed by either the
taxpayer or the engaged service
provider. If it is signed by the service provider, the
service provider must obtain a confirmation from the
taxpayer stating that the information contained in the
tax return, any required supplementary forms and other
forms and the Supporting Documents is correct and
complete to the best of the taxpayer's knowledge and
belief. Please download a "Confirmation for Engagement
of Service Provider to Furnish Return" (IR1476) from the
Department's web site for completion and submission
together with the tax return.
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(4/2023)
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