Board of Review (Inland Revenue Ordinance)

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Board of Review Decisions

VOLUME 1

THIRD SUPPLEMENT

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DIGEST OF CASES REPORTED

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Decision No
 

PROFITS TAX -
 

Investment company─property acquired for redevelopment─ sale of part of redeveloped property to meet demand for discharge of overdraft account─no previous activity of acquisition of property for redevelopment and sale─whether profits derived from sale were accretions to capital
 

BR 9/74 (PDF file)

Development company─profits on sale of shops on short leases ─whether shops were trading or capital assets of company
 

BR 23/74 (PDF file)

Cessation of business under contract and commencement of new business under a new contract─whether assessment should be in respect of year of cessation or previous year
 

BR 2/75 (PDF file)

Company acquired property fit for redevelopment but sold it without redevelopment─profits on sale assessed to tax─whether property was a capital or trading asset
 

BR 6/75 (PDF file)

Interest earned on credit extended to buyer of goods abroad─interest paid by bill of exchange accepted outside Hong Kong─whether interest derived from the Colony─Inland Revenue Ordinance, section 15(1)(f)
  

BR 20/75 (PDF file)

Additional tax in certain cases─Inland Revenue Ordinance, section 82A ─incorrect return or false information supplied effectively understating income or profits chargeable to tax─no strict rule by which Commissioner determines amount of additional tax─Board will not disturb the additional assessment unless it is excessive
  

BR 23/75 (PDF file)

SALARIES TAX -
 

Taxpayer assigned to take up post in Hong Kong company, a wholly-owned subsidiary of a foreign company─salary and other expenses paid by Hong Kong company─taxpayer claimed to have worked partly in offices of the parent company outside Hong Kong─-whether taxpayer's total emoluments for the year of assessment 1972/73 arose in or were derived from the Colony and were subject to salaries tax
 

BR 2/74 (PDF file)

Additional assessment for salaries tax to include gratuity paid to taxpayer─whether gratuity should be brought into computation of his income for year of assessment or for subsequent year
 

BR 13/74 (PDF file)

Appellant employed by Hong Kong company to render services outside Hong Kong ─appellant appointed director and chairman of company without additional remuneration─appellant not liable to salaries tax under section 8(1AX&) of the Inland Revenue Ordinance, Cap. 112
 

BR 19/74 (PDF file)

Membership subscriptions to professional societies─expenses incurred in the purchase of journals and books relating to taxpayer's work─whether deductible in ascertaining net chargeable income

BR 12/75 (PDF file)

Wage dividend─sum payable to employee of company condi­tional upon declaration of a dividend to shareholders─whether wage dividend received formed part of employee's emoluments─Inland Revenue Ordinance, section 9─proper rate of exchange to be adopted for conversion purposes
 

BR 29/75 (PDF file)

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