Hong Kong Ordinances Hong Kong Ordinances
- CHAPTER 112
TABLE OF PROVISIONS
Long Title
1. Short title
2. Interpretation
3. Establishment of Board of Inland Revenue. Power of Chief Executive
to appoint a Commissioner and other officers
3A. Exercise of powers and duties
4. Official secrecy
5. Charge of property tax
5A. (Repealed)
5B. Ascertainment of assessable value on or after 1 April 1983
6. (Repealed)
7. (Repealed)
7A. Interpretation
7B. (Repealed)
7C. Bad debts
8. Charge of salaries tax
9. Definition of income from employment
9A. Remuneration under certain agreements treated as being income derived
from an employment of profit
10. Salaries tax on spouses to be paid separately unless they elect to
be jointly assessed
11. The time and manner in which an election or the withdrawal of an
election for joint assessment is to be made
11A. (Repealed)
11B. Ascertainment of assessable income
11C. Office or employment of profit
11D. Receipt of income
12. Adjustments to assessable income
12A. Treatment of losses
12B. Ascertainment of net chargeable income
12BA. (Repealed 31 of 1998 s. 6)
13. Calculation of salaries tax
14. Charge of profits tax
14A. Qualifying debt instruments
14B. Qualifying reinsurance business
15. Certain amounts deemed trading receipts
15A. Transfer of right to receive income
15B. (Repealed)
15C. Valuation of trading stock on cessation of business
15D. Post-cessation receipts and payments
15E. Stock borrowing and lending
16. Ascertainment of chargeable profits
16A. Special payment under an approved retirement scheme allowable as a
deduction
16AA. Mandatory contributions in self-employment cases allowable as a
deduction
16B. Expenditure on research and development
16C. Payments for technical education
16D. Approved charitable donations (Part IV)*
16E. Purchase and sale of patent rights, etc.
16F. Expenditure on building refurbishment
16G. Capital expenditure on the provision of a prescribed fixed asset
16H. Definitions and general provisions applicable to this section and
sections 16I, 16J and 16K
16I. Deductions for specified capital expenditure incurred in relation to
environmental protection facilities
16J. Proceeds of sale of environmental protection facilities to be treated
as trading receipts
16K. Environmental protection facilities owned as at commencement date
17. Deductions not allowed
18. Basis for computing profits
18A. Assessable profits for the year of assessment 1974/5
18B. Basis for computing assessable profit for years of assessment
commencing on 1 April 1975
18C. Commencement of source of profits in years of assessment commencing
on or after 1 April 1974
18D. Cessation of source of profits in years of assessment commencing on
1 April 1975
18E. Change of accounting date and apportionments
18F. Adjustment of assessable profits
19. Treatment of losses
19A. (Repealed)
19B. (Repealed)
19C. Treatment of losses after 1 April 1975
19CA. Treatment of losses: concessionary trading receipts
19CB. Set off: concessionary trading receipts
19D. Computation of losses after 1 April 1975
19E. Adjustment of losses
20. Liability of certain non-resident persons
20A. Persons chargeable on behalf of a non-resident
20AA. Persons not treated as agents
20AB. Interpretation of sections 20AC, 20AD and 20AE and Schedule 15
20AC. Certain profits of non-resident persons exempt from tax
20AD. Loss from transactions referred to in section 20AC(1) not available
for set off
20AE. Assessable profits of non-resident persons regarded as assessable
profits of resident persons
20B. Persons chargeable in respect of certain profits of a non-resident
21. Assessable profits of certain businesses to be computed on a
percentage of the turnover
21A. Computation of assessable profits from cinematograph films, patents,
trademarks, etc.
21B. Transitional
22. Assessment of partnerships
22A. Ascertainment of share of partnership profits or losses
22B. Limited partner loss relief
22C. Transitional: partnerships consisting of more than 20 members
23. Ascertainment of assessable profits of life insurance corporations
23A. Ascertainment of assessable profits of insurance corporations other
than life insurance corporations
23AA. Mutual insurance corporations
23B. Ascertainment of the assessable profits of a ship-owner carrying on
business in Hong Kong
23C. Ascertainment of the assessable profits of a resident aircraft-owner
23D. Ascertainment of the assessable profits of a non-resident
aircraft-owner
23E. Alternative computation of "total shipping profits" and "total
aircraft profits"
24. Clubs, trade associations, etc.
25. Deduction of property tax from profits tax
26. Exclusion of certain dividends and profits from the assessable
profits of other persons
26A. Exclusion of certain profits from tax
26B. Concessionary deductions, general provisions
26C. Approved charitable donations (Part IVA)*
26D. Elderly residential care expenses
26E. Home loan interest
26F. Nomination for purposes of section 26E
26G. Contributions to recognized retirement schemes
27. Allowances, general provisions
28. Basic allowance
29. Married person's allowance
30. Dependent parent allowance
30A. Dependent grandparent allowance
30B. Dependent brother or dependent sister allowance
31. Child allowance
31A. Disabled dependant allowance
32. Single parent allowance
33. Provisions supplementary to sections 30, 30A, 30B, 31 and 31A
33A. Annual allowances, commercial buildings and structures
33B. (Repealed 12 of 2004 s. 10)
34. Initial and annual allowances, industrial buildings and structures
35. Balancing allowances and charges, buildings and structures
35A. Special provisions on termination of leasehold interest
35B. Buildings and structures bought unused
36. Rebuilding allowance for a commercial building or structure up to
and including the year of assessment commencing on 1 April 1997
36A. Application of provisions to machinery or plant
37. Initial and annual allowances, machinery or plant
37A. Initial and annual allowances in respect of machinery and plant
acquired under hire purchase agreement
38. Balancing allowances and charges, machinery or plant
38A. Determination of cost of individual assets sold together for one
price
38B. Commissioner's power to determine the true value of an asset on
sale
38C. (Repealed)
39. Replacement of machinery or plant
39A. Reduction of allowances not to affect calculation of subsequent
allowances
39B. Initial and annual allowances on machinery or plant under the
pooling system
39C. Pooling system when not to apply
39D. Balancing allowances and charges under the pooling system
39E. Allowances under this Part in respect of capital expenditure on
leased machinery and plant
40. Interpretation
40A. (Repealed)
40B. Interpretation
41. Election for personal assessment
42. Calculation of total income
42A. Assessment to tax
42B. (Repealed)
43. Rates of charge
43A. (Repealed)
44. (Repealed)
45. (Repealed 32 of 1998 s. 28)
46. (Repealed 12 of 1999 s. 3)
47. (Repealed)
48. (Repealed)
49. Double taxation arrangements
50. Tax credits
51. Returns and information to be furnished
51AA. Form and manner of furnishing return, etc. under section 51
51A. Power to require statement of assets and liabilities, etc.
51B. Power to issue search warrant
51C. Business records to be kept
51D. Rent records to be kept
52. Information to be furnished by officials and employers
53. Who may act for incapacitated or non-resident persons
54. Liability of executor of deceased taxpayer
55. (Repealed)
56. Precedent partner to act on behalf of partnership
56A. Joint owners and co-owners
57. Principal officer to act on behalf of a corporation or body of
persons
58. Signature and service of notices
58A. (Repealed)
59. Assessor to make assessments
59A. (Repealed)
60. Additional assessments
61. Certain transactions and dispositions to be disregarded
61A. Transactions designed to avoid liability for tax
61B. Utilization of losses to avoid tax
62. Notice to be issued by Commissioner
63. Validity of assessments, etc.
63A. (Repealed 12 of 1999 s. 3)
63B. Liability for provisional salaries tax
63C. Amount of provisional salaries tax
63D. Demands for provisional salaries tax
63E. Holding over of payment of provisional salaries tax
63F. Provisional salaries tax to be applied against salaries tax
63G. Liability for provisional profits tax
63H. Amount of provisional profits tax
63I. Demands for provisional profits tax
63J. Holding over of payment of provisional profits tax
63K. Provisional profits tax to be applied against profits tax
63L. Liability for provisional property tax
63M. Amount of provisional property tax
63N. Demands for provisional property tax
63O. Holding over of payment of provisional property tax
63P. Provisional property tax to be applied against property tax
64. Objections
65. Constitution of the Board of Review
66. Right of appeal to the Board of Review
67. Transfer of appeals under section 66 for hearing and determination
by Court of First Instance instead of Board of Review
68. Hearing and disposal of appeals to the Board of Review
68A. Power of Board of Review to correct clerical mistakes and other
errors
69. Appeals to the Court of First Instance
69A. Right to appeal directly to Court of Appeal against decision of
Board of Review
70. Assessments or amended assessments to be final
70A. Powers of assessor to correct errors
70AA. Revision of assessment due to commencement of section 4 or 8 of
Inland Revenue (Amendment) Ordinance 2004
70AB. Revision of assessment due to commencement of section 2 of Revenue
(Profits Tax Exemption for Offshore Funds) Ordinance 2006
70B. Husband and wife
71. Provisions regarding payment of tax
72. Tax to include fines, etc.
73. (Repealed)
74. (Repealed)
75. Tax recoverable as a civil debt through the District Court
75A. (Repealed)
76. Recovery of tax from a debtor of the taxpayer
77. Recovery of tax from persons leaving Hong Kong
77A. Refusal of clearance to ships and aircraft where tax is in default
78. (Repealed)
79. Tax paid in excess to be refunded
80. Penalties for failure to make returns, making incorrect returns, etc.
80A. (Repealed)
81. Breach of secrecy and other matters to be offences
82. Penal provisions relating to fraud, etc.
82A. Additional tax in certain cases
82B. Appeals against assessment to additional tax to Board of Review
83. Tax payable notwithstanding proceedings
84. Prosecutions, sanction of Commissioner
85. Power to make rules
86. Board of Inland Revenue to specify forms
87. General power of Chief Executive in Council to exempt
87A. (Repealed)
88. Exemption of charitable bodies
88A. Advance rulings
88B. Notice of no objection in respect of an application to deregister a
private company under section 291AA of Companies Ordinance
89. Transitional provisions
90. Reduction of taxes for year of assessment 2007/08
91. Reduction of taxes for year of assessment 2008/09
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 3a
SCHEDULE 3b
SCHEDULE 3c
SCHEDULE 3d
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
SCHEDULE 10
SCHEDULE 11
SCHEDULE 12
SCHEDULE 13
SCHEDULE 14
SCHEDULE 15
SCHEDULE 16
SCHEDULE 17
SCHEDULE 18
SCHEDULE 19
[ Note: This table has been automatically generated and may be incomplete. ]