Board of Review (Inland Revenue Ordinance)

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Board of Review Decisions

VOLUME 11

[Note : The latest position of unsettled appeals is shown in either (a) Table of Appeals to Court of First Instance or (b) Table of Appeals to Court of Appeal/Court of Final Appeal. When the final outcome of an appeal is known, the position is set out in either table and will disappear in the next issue of Board of Review Decisions.]

To view "Table of Appeals to Court of First Instance/Court of Appeal/Court of Final Appeal" (Position as at 31.8.1996), please click here.

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DIGEST OF CASES REPORTED

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Decision No
 

PENALTY TAX -
 

Hong Kong Government employment contract gratuity - whether reliance on employer's tax return form reasonable excuse
 

D52/95 (PDF file)

incorrect tax return - salaries tax return forms completed as employer told - whether reasonable excuse
 

D57/95 (PDF file)

incorrect tax return - whether merely indicating 'Other office or employment' but not income incorrect - whether lack of precise figures of earnings reasonable excuse
 

D58/95 (PDF file)

incorrect profits tax and salaries tax returns - amount of penalties - mitigating factors
 

D68/95 (PDF file)

incorrect tax return - year of assessment to which the return relates
 

D72/95 (PDF file)

profits tax - private limited company - error or mistake in tax return - fraudulent conduct of former directors
 

D82/95 (PDF file)

profits tax - incorrect tax returns - tax returns signed on behalf of company
 

D124/95 (PDF file)
PROFITS TAX -
 

sale of property - intention at acquisition to be for family residence - whether intention to retain genuinely held, realistic and realisable
 

D50/95 (PDF file)

deduction of taxable profits - company's deposit at bank which gone bankrupt - whether money revenue and not capital - whether loss expense or outgoing
 

D55/95 (PDF file)

sale of property of private company - intention at time of acquisition - 'director's quarter' - declaration - whether intention genuine, realistic and realisable
 

D65/95 (PDF file)

deductions of royalties - acquisition of patents
 

D67/95 (PDF file)

sale of property by private company - intention to redevelop and to hold long-term - government's rejection of re-development plan - whether capital gain
 

D69/95 (PDF file)

sale of property - intention - acquisition for use as residence
 

D121/95 (PDF file)
SALARIES TAX -
 

salaries tax or profits tax - film production contract
 

D59/95 (PDF file)

remuneration by way of commission - whether profits tax or salaries tax
 

D70/95 (PDF file)

'property negotiator' - guaranteed income on a prepaid nature - profits tax or salaries tax
 

D73/95 (PDF file)

property agent - deductible advance payment - profits tax or salaries tax
 

D74/95 (PDF file)

whether money rental refund
 

D92/95 (PDF file)
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