Decision No
 

PENALTY TAX -
 

attempt to vary settlement agreement — whether quantum excessive — co-operation
 

D41/04 (Word file)

PERSONAL ASSESSMENT -
 

deduction for losses — disposal of properties — intention at the time of acquisition — whether the properties are capital assets or trading assets — ss 14(1), 2(1),42(2) & 68(4) of the Inland Revenue Ordinance (‘IRO’)
 

D25/04 (Word file)

personal assessment on the total income of an individual — allowable deduction for interest payable on any money borrowed for the purpose of producing that part of the rental income — burden of proof on the appellant — ss 42(1) and 68(4) of the Inland Revenue Ordinance (‘IRO’). [Decision in Chinese]
 

D27/04 (Word file)

interest expenses attributable to the payment of dividend — s 16(1)(a) of the Inland Revenue Ordinance (‘IRO’)
 

D34/04 (Word file)

convertible participating certificates — annual income — profits from disposition — s 26 of the Inland Revenue Ordinance (‘IRO’)
 

D44/04 (Word file)

ss 2, 14(1) and 68(4) of the Inland Revenue Ordinance — whether a property is a capital asset or trading asset — intention of the taxpayer at the time of acquisition of the property must be genuinely held, realistic and realizable — burden of proof on the taxpayer
 

D47/04 (Word file)

PROPERTY TAX -
 

s 42(1) of the Inland Revenue Ordinance — whether a global deduction of interest payable against the total taxable property income
 

D51/04 (Word file)

extension of time for appeal — whether appellant established a proper case for an extension of time to file a notice of appeal under s 66(1A) of the Inland Revenue Ordinance (‘IRO’) — whether appellant was prevented by ‘reasonable cause’ other than illness from giving notice of appeal to the Board of Review promptly
 

D26/04 (Word file)

apportionment of income to services rendered outside of Hong Kong within meaning of s 8(1A)(a) of the Inland Revenue Ordinance (‘IRO’) — whether the time apportionment basis should be accepted — whether taxpayer discharged burden of proof in demonstrating that services rendered in Hong Kong was less than that calculated on the time apportionment basis
 

D28/04 (Word file)

whether Revenue estopped from raising salaries tax assessments — whether payments made by employer constituted rental refunds — whether taxpayer intended to create a legally binding sub-tenancy agreement with a related company as landlord — whether letting arrangements constituted an artificial or fictitious transaction under s 61 of the Inland Revenue Ordinance (‘IRO’)
 

D30/04 (Word file)

gain on share option — Hong Kong sourced vs non-Hong Kong sourced employment — vesting period — services rendered in Hong Kong during non-Hong Kong sourced employment — time apportionment basis — severance payment — whether tax-exempt or not depends not on the label but on all the circumstances in which the payment was made — ss 8 and 9 of the Inland Revenue Ordinance (‘IRO’)
 

D32/04 (Word file)

home loan interest — refinance of mortgage — obtained or obtained wholly for the acquisition of a dwelling — s 26E of the Inland Revenue Ordinance (‘IRO’)
 

D33/04 (Word file)

deductions — whether reparation to employer ‘expenses’ — ss 11D, 12(1)(a) and 68(4) of the Inland Revenue Ordinance (‘IRO’)
 

D35/04 (Word file)

whether severance payment and special notice payment income from employment
 

D37/04 (Word file)

tenancy agreement between employer and employee — ss 8, 9(1), 9(2), 61 and 68(4) of the Inland Revenue Ordinance (‘IRO’)
 

D38/04 (Word file)

source of income — whether arising in or derived from Hong Kong — statutory exemption — whether all services rendered outside Hong Kong — 60 days grace period — ss 8(1), 8(1A)(b), 8(1B) & 68(4)of the Inland Revenue Ordinance (‘IRO’)
 

D39/04 (Word file)

payment upon termination in addition to payment in lieu — whether compensation
 

D43/04 (Word file)

s 12(1)(a) of the Inland Revenue Ordinance — whether the item of expenditure qualified as deductible expense
 

D45/04 (Word file)