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Decision
No
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DEPRECIATION -
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Initial
and annual allowances, industrial buildings and
structures─question of whether certain flats were held as
capital assets or as trading or circulating assets─Inland
Revenue Ordinance, s. 34(1)─onus on taxpayer to prove the
finding of Commissioner wrong on the facts─Inland Revenue
Ordinance, s. 68(4)
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BR
8/68
(PDF file) |
PROFITS TAX -
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Assessment of chargeable profits─Inland Revenue
Ordinance, s. 16(1)─initial and annual allowances in respect of
capital expenditure─on provision of plant or machinery─Inland
Revenue Ordinance, s. 37(1)─ car purchased by company for use of
Managing Director─question whether company entitled to full
allowance in respect of the car as deduction from its chargeable
profits
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BR
3/72 (PDF file) |
Accretion of assets irreconcilable with taxpayer's
known income─ additional assessment─Inland Revenue Ordinance,
s. 60─Assets Betterment Statement─onus on taxpayer to satisfy
Board that increase in assets derived from non-taxable source
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BR
4/72 (PDF file) |
Incorrect return or false information supplied
having effect of understating income or profits chargeable to
tax─power vested in Commissioner personally to require statement
of taxpayer's assets and liabilities─Inland Revenue Ordinance,
s.
51A
─onus on Commissioner to satisfy Board of sufficient grounds for
exercising this power
|
BR
16/72 (PDF file) |
Additional tax in certain cases─Inland Revenue
Ordinance, s.
82A
─burden of proof lies upon taxpayer─Inland Revenue Ordinance,
s. 68(4)─assessments or amended assessments to be final─Inland
Revenue Ordinance, s. 70─appellant's profits estimated on the
basis of Assets Betterment Statement─Inland Revenue Ordinance,
s. 59(2)(6)
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BR
17/72 (PDF file) |
PROPERTY TAX -
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Domestic
premises occupied by taxpayer's representative─question whether
taxpayer liable for property tax in respect of these
premises─Inland Revenue Ordinance, s. 5(3)(a)
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BR
13/73 (PDF file) |
SALARIES TAX -
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Income arising in or derived from the Colony from
. . . any office or employment of profit─taxpayer employee of
Hong Kong company─ his emoluments, deposited in bank in U.S.A.
by parent company of Hong Kong company, included in management fee
charged to Hong Kong company─taxpayer primarily resident in Hong
Kong, but carries out 40 per cent of his duties outside Hong
Kong─question whether whole of his emoluments subject to Hong
Kong salaries tax─Inland Revenue Ordinance, s. 8(1)
|
BR
15/71 (PDF file) |
Income arising in or derived from the Colony from
. . . any office or employment of profit─employee of Hong Kong
company─taxpayer's emoluments deposited in bank in U.S.A. by
parent company of Hong Kong company─taxpayer's claim that while
appointed by necessity as resident director of Hong Kong company,
his actual responsibility lies in carrying out professional duties
outside Hong Kong─Inland Revenue Ordinance, s. 8(1)
|
BR
6/72
(PDF file) |
Income derived from services in the
Colony─taxpayer employee of Hong Kong company, but salary paid
in the
U.S.A.
by American company─whether liable to
Hong Kong
salaries tax─Inland Revenue Ordinance, s. 8(1)
|
BR
2/73 (PDF file) |
Ascertainment of assessable income─Inland
Revenue Ordinance s. 11(2)─assessment of salaries tax on lump
sums awarded by company to employee on retirement
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BR
3/73 (PDF file) |
Income arising in or derived from the Colony from
. . . any office or employment of profit─taxpayer employee of American
company temporarily resident in Hong Kong─his emoluments paid by
the American company into his bank account in the
U.S.A.─employee not employed by, or responsible to, the Hong
Kong subsidiary of the American company─question whether the
whole of the income of the employee liable for Hong Kong salaries
tax─Inland Revenue Ordinance, s. 8(1)
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BR
7/73 (PDF file) |
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