Decision No
 

PENALTY TAX -
 

reasonable excuses for understating one's income - whether additional tax representing 14.46% of the amount of tax undercharged excessive - s 82A of the Inland Revenue Ordinance ('IRO')
 

D6/03 (Word file)

failure to submit return as required - quantum - whether excessive
 

D10/03 (Word file)

incorrect tax return - whether appellant can use mistaken reliance on tax representative as a reasonable excuse - whether or not due allowance has been given in assessing additional tax at 7.47%
 

D15/03 (Word file)

failure to report income - shares in exchange for option to acquire share - quantum - whether excessive
 

D18/03 (Word file)

ss 51(2), 68(4) and 82A(1) of the Inland Revenue Ordinance ('IRO') - burden on taxpayer to make a return within the statutory period - whether mere oversight or carelessness can constitute 'reasonable excuse' from complying with s 51(2) of the IRO - whether or not the penalty is modest in view of the excessive delay and the amount involved
 

D25/03 (Word file)

incorrect return - a one-off understatement - a delay of about six years in collecting tax - no reasonable excuse - not remorseful but co-operative as investigation was concluded in about six months - liable to be assessed to additional tax - there must be an element of punishment for understating income - 72.8% was not excessive in the circumstances - assessment made on the basis of the compromise agreement reached between the Revenue and the appellant was final and conclusive - ss 68(4), 70, 82A(1)(a) and 82B(3) of the Inland Revenue Ordinance ('IRO')
 

D31/03 (Word file)

whether or not profits derived from trading were sourced outside Hong Kong - whether profits in question should be apportioned when the profits were derived partly from Hong Kong and partly outside Hong Kong - ss 66(3) and 68 of the Inland Revenue Ordinance ('IRO') - whether or not prejudice to respondent on the additional ground of appeal - burden of proof - frivolous and vexatious and an abuse of the process - order to pay costs
 

D1/03 (Word file)

whether trading activities - flats purchased and sold within short duration
 

D9/03 (Word file)

whether the sale of a property was trading in nature - it was crucial to ascertain the intention of the appellant at the time of acquisition of the property - the stated intention of the appellant was not decisive - actual intention had to be determined objectively - direct evidence of those involved at the time of the acquisition would be highly relevant - burden of proof on the appellant - incumbent on the appellant to substantiate its contention - ss 29(6), 51(1), 51(2), 51C, 51D, 59(2), 59(3), 59(4), 60(1), 60(2), 63K, 68(4), 70A, 79 and 80 of the Inland Revenue Ordinance ('IRO')
 

D13/03 (Word file)

sale of property - intention at the time of acquisition - s 68(4) of the Inland Revenue Ordinance ('IRO')
 

D14/03 (Word file)

income from employment or income from carrying on a business on own account - profits tax charging provision - salaries tax charging provision - onus of proof on appellant - fundamental test to be applied is the person who has engaged himself to perform these services performing them as a person in business on his own account - if 'yes', then the contract is a contract for services - if 'no', then the contract is a contract of service - relevant factors to be considered - no exhaustive list - ss 8(1), 8(1A), 14(1) and 68(4) of the Inland Revenue Ordinance ('IRO') - no appellant has the right to amend any statement of facts
 

D16/03 (Word file)

property - whether trading asset - instruction to sell shortly after purchase
 

D20/03 (Word file)

ss 14(1) and 68(4) of the Inland Revenue Ordinance - intention at the time of acquisition - onus of proof on the appellant to show that the intention of investing on capital asset was genuinely held, realistic and realizable. [Decision in Chinese]
 

D23/03 (Word file)

whether income derived from services rendered in Hong Kong - sum paid in consideration of a restrictive covenant - s 8(1) and 8(1A)(a) of the Inland Revenue Ordinance ('IRO')
 

D139/02 (Word file)

appeal out of time - whether reasonable excuse - s 66 of the Inland Revenue Ordinance ('IRO')
 

D2/03 (Word file)

assets betterment statement - ss 66(1) and 68(4) of the Inland Revenue Ordinance ('IRO')
 

D3/03 (Word file)

extension of time - busy work schedule and oversight - s 66 of the Inland Revenue Ordinance - whether income derived from employment of profit. [Decision in Chinese]
 

D4/03 (Word file)

whether a sum received by the appellant was income derived from an office or employment of profit - whether chargeable for salaries tax - appeal out of time - onus of proof on the appellant - s 66(1) and 66(1A) of the Inland Revenue Ordinance ('IRO'). [Decision in Chinese]
 

D7/03 (Word file)

whether or not the appellant rendered outside Hong Kong all the services in connection with his employment with the employer - s 8(1A)(b)(ii) and 8(1B) of the Inland Revenue Ordinance ('IRO') - meaning of the word 'days' in s 8(1B) of the IRO
 

D11/03 (Word file)

whether a sum paid by an employer to an employee on the completion of contract was a gratuity - whether it is chargeable income - onus of proof on appellant - ss 8(1)(a), 9(1)(a) and 68(4) of the Inland Revenue Ordinance ('IRO') - ss 31B(1), 31B(2) and 31D(1)(b) of the Employment Ordinance ('EO')
 

D12/03 (Word file)

source of income - whether arising in or derived from Hong Kong - statutory exemption - whether all services rendered outside Hong Kong - 60 day grace period - visits - s 8, 8(1A) and 8(1B) of the Inland Revenue Ordinance ('IRO')
 

D27/03 (Word file)

new or continuous employment - 60-day exemption - ss 8(1), 8(1A), 8(1B) and 11B of the Inland Revenue Ordinance ('IRO')
 

D30/03 (Word file)

whether the sum of money is a rental refund or a salary - s 9(1A) of the Inland Revenue Ordinance ('IRO') - whether or not landlord and tenant relationship is crucial in a claim under s 9(1A)(a)(ii) of the IRO - whether or not it is necessary to have a nexus between the payment by the employee and his or her use of the property for which the rent is paid
 

D35/03 (Word file)

restructuring of a bank leading to the closure of a department where the appellant was employed - assessability of a sum paid by the bank on the cessation of the employment of the appellant - onus of proof on the appellant
 

D36/03 (Word file)

taxability of income arising from employment with constituent members of multi-national groups of companies - s 8(1) and 8(1A) of the Inland Revenue Ordinance ('IRO')
 

D37/03 (Word file)