Decision No
 

PENALTY TAX -
 

late in filing return — whether additional tax is excessive — ss 51(1), 59(3) & 82A of the Inland Revenue Ordinance (‘IRO’). [Decision in Chinese]
 

D77/04 (Word file)

s 14 of the Inland Revenue Ordinance (‘IRO’) — whether carrying on the business of trading in listed shares in Hong Kong — question of fact in light of circumstances of case - whether losses arising from sale of shares deductible in computing income under personal assessment)
 

D61/04 (Word file)

locus standi of a bankrupt taxpayer in pursuing an appeal — jurisdiction of the Board in dismissing the appeal for lack of locus — ss 66, 67, 68(2), 68(2B)(c) and 82A of the Inland Revenue Ordinance (‘IRO’) — ss 12(1), 34(3A), 58(1) and 61(b) of the Bankruptcy Ordinance — s 19 of the Interpretation of General Clauses Ordinance
 

D79/04 (Word file)

whether frequent absence from Hong Kong can be a ground for an extension of the time limit for appeal — s 66(1A) of the Inland Revenue Ordinance (‘IRO’)
 

D86/04 (Word file)

PROPERTY TAX -
 

exemption for profits tax — exemption for property tax — ss 5(2), 24 and 25 of the Inland Revenue Ordinance (‘IRO’)
 

84/04 (Word file)

whether or not the sums in question constituted income arising in or derived from Hong Kong from employment of profit — the true nature of the sums in question was to be examined — the label attached to the payment was not conclusive — ss 8(1), 8(2)(c)(i) and 9(1)(a)of the Inland Revenue Ordinance (‘IRO’
 

D73/04 (Word file)

bonus received after termination of employment — ss 11C and 11D of the Inland Revenue Ordinance (‘IRO’) — whether bonus should be included in assessable income in year of receipt or last year of employment
 

D75/04 (Word file)

whether or not an extension of time to appeal should be granted — burden of proof was the appellant to give reasons for failure to lodge his appeal within time — whether or not the appellant rendered all his services outside Hong Kong — whether or not all his visits to Hong Kong were less than 60 days — ss 8(1A)(b), 8(1B) and 66(1A) of the Inland Revenue Ordinance (‘IRO’)
 

D76/04 (Word file)

sum received under recognized provident fund scheme — whether variation or rescission of employment contract — ss 8(2)(cc) and 9(1)(ab) of the Inland Revenue Ordinance (‘IRO’)
 

D83/04 (Word file)

whether compensation for wrongful termination of an employment contract is income from employment — whether an inducement to the taxpayer to enter into the employment agreement is chargeable to tax — when was the payment deemed to be accrued — whether there is distinction between salary owed to an employee and paid on the day of termination and payment in exchange for an existing right to a share of profits which is to be paid in the future — ss 8(1) and 9(1)(a) of the Inland Revenue Ordinance (‘IRO’)
 

D87/04 (Word file)