Hong Kong Ordinances
[Index]
[Table]
[Search]
[Notes]
[Noteup]
[Download (Current & Past)]
[Download (Current only)]
[繁體中文]
[Help]
INLAND REVENUE ORDINANCE - SECT 2
Interpretation
Caution: This is a past version. See the current version here.
Adaptation amendments retroactively made-see 12 of 1999 s. 3
(1) In this Ordinance, unless the context otherwise requires- "active partner"
(積極參與的合夥人), in relation to a partnership, means a partner who
takes an active part in the control, management, or conduct of the trade or
business of such partnership; "agent" (代理人), in relation to a
non-resident person or to a partnership in which any partner is a non-resident
person, includes-
(a) the agent, attorney, factor, receiver, or manager in Hong Kong of such
person or partnership, and
(b) any person in Hong Kong through whom such person or partnership is in
receipt of any profits or income arising in or derived from Hong Kong;
"approved charitable donation" (認可慈善捐款) means a donation
of money to any charitable institution or trust of a public character
which is exempt from tax under section 88 or to the Government, the
Urban Council or Regional Council, for charitable purposes; (Replaced
13 of 1971 s. 2. Amended 76 of 1975 s. 2; 74 of 1981 s. 4; 30 of 1990
s. 2) "assessable income" (應評稅入息) means the
assessable income of a person in any year of assessment as ascertained
in accordance with sections 11B, 11C and 11D; and "net assessable
income" (應評稅入息實額) means assessable income as adjusted in
accordance with section 12; (Replaced 71 of 1983 s. 2) "assessable
profits" (應評稅利潤) means the profits in respect of which a
person is chargeable to tax for the basis period for any year of
assessment, calculated in accordance with the provisions of Part IV;
(Replaced 28 of 1964 s. 2) "assessor" (評稅主任) means an assessor
appointed under this Ordinance; "assistant commissioner"
(助理局長) means an assistant commissioner of Inland Revenue
appointed under this Ordinance; "authorized representative"
(獲授權代表) means a person authorized in writing by any other
person to act on his behalf for the purposes of this Ordinance;
(Replaced 7 of 1975 s. 2) "basis period" (評稅基期) for any
year of assessment is the period on the income or the profits of which
tax for that year ultimately falls to be computed; (Amended 36 of 1955
s. 3) "bill of sale" (賣據) means a bill of sale registrable under
the Bills of Sale Ordinance ( Cap 20); "body of persons" (團體)
means any body politic, corporate or collegiate and any company,
fraternity, fellowship and society of persons whether corporate or not
corporate; (Added 36 of 1955 s. 3) "business" (業務) includes
agricultural undertaking, poultry and pig rearing and the letting or
sub-letting by any corporation to any person of any premises or
portion thereof, and the sub-letting by any other person of any
premises or portion of any premises held by him under a lease or
tenancy other than from the Government; (Replaced 35 of 1965 s. 2.
Amended 19 of 1996 s. 15) "certificate of deposit" (存款證) means a
document relating to money, in any currency, which has been deposited
with the issuer or some other person, being a document which
recognizes an obligation to pay a stated amount to bearer or to order,
with or without interest, and being a document by the delivery of
which, with or without endorsement, the right to receive that stated
amount, with or without interest, is transferable, and, in the case of
any such document which is a prescribed instrument by virtue of
paragraph (a) of the definition of "prescribed instrument"
(訂明的票據) in section 137B of the Banking Ordinance ( Cap 155),
includes any right or interest referred to in paragraph (b) of that
definition in respect of such document; (Added 30 of 1981 s. 2.
Amended 94 of 1993 s. 36) "Commissioner" (局長) means the
Commissioner of Inland Revenue appointed under this Ordinance;
(Replaced 26 of 1969 s. 3) "corporation" (法團) means any company
which is either incorporated or registered under any enactment or
charter in force in Hong Kong or elsewhere but does not include a
co-operative society or a trade union; (Amended 2 of 1971 s. 2)
"debenture" (債權證) means a debenture as defined in section 2(1)
of the Companies Ordinance ( Cap 32); "deposit" (存款) means a
deposit as defined in section 2(1) of the Banking Ordinance (
Cap 155); (Added 29 of 1982 s. 2. Amended 27 of 1986 s. 137) "deputy
commissioner" (副局長) means a deputy commissioner of Inland
Revenue appointed under this Ordinance; (Amended 48 of 1995 s. 2)
"executor" (遺囑執行人) means any executor, administrator, or
other person administering the estate of a deceased person, and
includes a trustee acting under a trust created by the last will of
the author of the trust; "financial institution" (財務機構),
means-
(a) an authorized institution within the meaning of section 2 of the
Banking Ordinance ( Cap 155);
(b) any associated corporation of such an authorized institution which,
being exempt by virtue of section 3(2)(a) or (b) or (c) of the
Banking Ordinance ( Cap 155), would have been liable to be authorized
as a deposit-taking company or restricted licence bank under that
Ordinance had it not been so exempt; (Replaced 27 of 1986 s. 137.
Amended 3 of 1990 s. 55; 49 of 1995 s. 53) "Hong Kong currency"
(港幣) means money which is legal tender in Hong Kong; (Added 29 of
1982 s. 2) "husband" (丈夫) means a married man whose marriage is a
marriage within the meaning of this section; (Added 43 of 1989 s. 2)
"incapacitated person" (無行為能力的人) means any minor,
lunatic, idiot, or person of unsound mind; "inspector" (稅務督察)
means an inspector appointed under this Ordinance; (Added 36 of 1955
s. 3) "limited partnership" (有限責任合夥) has the same meaning
as in section 3 of the Limited Partnerships Ordinance ( Cap 37);
(Added 47 of 1992 s. 2) "marriage" (婚姻) means-
(a) any marriage recognized by the law of Hong Kong; or
(b) any marriage, whether or not so recognized, entered into outside Hong
Kong according to the law of the place where it was entered into and
between persons having the capacity to do so, but shall not, in the
case of a marriage which is both potentially and actually polygamous,
include marriage between a man and any wife other than the principal
wife, and "married" (結婚) shall be construed accordingly; (Added 43
of 1989 s. 2) "mortgage" (按揭) means a security by way of mortgage
or equitable mortgage for the payment of any definite and certain sum
of money advanced or lent at the time, or previously due and owing, or
forborne to be paid, being payable, or for the repayment of money
thereafter to be lent, advanced or paid, or which may become due upon
an account current, together with any sum already advanced or due, or
without, as the case may be, and includes-
(a) conditional surrender by way of mortgage, or further charge, of or
affecting any property whatsoever; and
(b) any conveyance of any property whatsoever in trust to be sold or
otherwise converted into money, intended only as a security, and
redeemable before the sale or other disposal thereof, either by
express stipulation or otherwise; and
(c) any instrument for defeating or making redeemable, or explaining or
qualifying any conveyance, transfer or disposition of any property
whatsoever, apparently absolute, but intended only as a security; and
(d) any instrument relating to the deposit of any title deeds or
instruments constituting or being evidence of the title to any
property whatsoever or creating a charge on any property whatsoever;
and
(e) any mortgage by an equitable owner of his equitable rights; and
(f) any warrant of attorney to enter up judgment; (Replaced 79 of 1979 s.
2) [cf. 1891 c. 39 s. 86 U.K.] "net chargeable income"
(應課稅入息實額) means net chargeable income calculated in
accordance with section 12B; (Added 71 of 1983 s. 2) "occupational
retirement scheme" (職業退休計劃) has the meaning assigned to it
by section 2(1) of the Occupational Retirement Schemes Ordinance (
Cap 426); (Added 76 of 1993 s. 2) "owner" (擁有人) in respect of
land or buildings or land and buildings, includes a person holding
directly from the Government, a beneficial owner, a tenant for life, a
mortgagor, a mortgagee in possession, a person with adverse title to
land receiving rent from buildings or other structures erected on that
land, a person who is making payments to a co-operative society
registered under the Co-operative Societies Ordinance ( Cap 33) for
the purpose of the purchase thereof, and a person who holds land or
buildings or land and buildings subject to a ground rent or other
annual charge; and includes an executor of the estate of an owner;
(Added 26 of 1969 s. 3. Amended 8 of 1983 s. 2; 52 of 1993 s. 2)
"person" (人、人士) includes a corporation, partnership, trustee,
whether incorporated or unincorporated, or body of persons; (Amended 2
of 1971 s. 2; 30 of 1981 s. 2) "precedent partner" (首合夥人)
means the partner who, of the active partners resident in Hong Kong-
(a) is first named in the agreement of partnership; or
(b) if there is no agreement, is specified by name or initials singly or
with precedence to the other partners in the usual name of the
partnership; or
(c) is first named in any statutory statement of the names of the
partners; "profits arising in or derived from Hong Kong"
(於香港產生或得自香港的利潤) for the purposes of Part IV
shall, without in any way limiting the meaning of the term, include
all profits from business transacted in Hong Kong, whether directly or
through an agent; "recognized occupational retirement scheme"
(認可職業退休計劃) means an occupational retirement scheme-
(a) which, prior to the commencement* of section 2 of the Inland Revenue
(Amendment) (No. 5) Ordinance 1993 (76 of 1993), was a retirement
scheme approved by the Commissioner under section 87A where such
approval has not subsequently been withdrawn;
(b) registered for the time being under section 18 of the
Occupational Retirement Schemes Ordinance ( Cap 426);
(c) in respect of which an exemption certificate has been issued under
section 7(1) of the Occupational Retirement Schemes Ordinance ( Cap
426) and has not been withdrawn;
(d) which is operated by an employer who is-
(i) the government of a country or territory outside Hong Kong; or
(ii) any agency or undertaking of or by such a government which is
not operated for the purpose of gain; or (Amended 19 of 1996 s.
3)
(e) contained in or otherwise established by any Ordinance; (Added 76 of
1993 s. 2) "receiver" (接管人) includes any receiver or liquidator,
and any assignee, trustee, or other person having the possession or
control of the property of any person by reason of insolvency or
bankruptcy; "river trade limits" (內河航限) has the same meaning
as in the Merchant Shipping Ordinance ( Cap 281); (Added 47 of 1992
s. 2) "specified form" (指明的表格) means a form specified under
section 86; (Added 43 of 1989 s. 2) "spouse" (配偶) means a husband
or wife; (Added 43 of 1989 s. 2) "standard rate" (標準稅率) means
the rate specified in Schedule 1; (Added 30 of 1950 Schedule) "tax"
(稅、稅款、稅項) except for the purposes of Parts XII and XIII,
means any tax imposed by this Ordinance (including provisional
salaries tax charged under Part XA, provisional profits tax charged
under Part XB and provisional property tax charged under Part XC)
other than additional tax, but for the purposes of Parts XII and XIII
"tax" (稅、稅款、稅項) includes additional tax; (Replaced 26 of
1969 s. 3. Amended 8 of 1973 s. 2; 7 of 1975 s. 2; 8 of 1983 s. 2)
"trade" (行業、生意) includes every trade and manufacture, and
every adventure and concern in the nature of trade; "trustee"
(受託人) includes any trustee, guardian, curator, manager, or other
person having the direction, control, or management of any property on
behalf of any person, but does not include an executor; "wife"
(妻子) means a married woman whose marriage is a marriage within the
meaning of this section; (Replaced 43 of 1989 s. 2) "year of
assessment" (課稅年度) means the period of 12 months commencing on
1 April in any year; (Replaced 30 of 1950 Schedule) "year preceding a
year of assessment" (任何課稅年度的上一年) means the period
of 12 months ending on 31 March immediately prior to such
year of assessment. (Amended 36 of 1955 s. 3; 9 of 1958 s. 2; 26 of
1969 s. 3; 7 of 1986 s. 12; 76 of 1993 s. 2; 12 of 1999 s. 3)
(2) For the purposes of the definition of "financial institution"
(財務機構) in subsection (1)- "associated corporation" (相聯法團), in
relation to an authorized institution, means-
(a) a corporation over which the institution has control;
(b) a corporation which has control over the institution; or
(c) a corporation which is under the control of the same person as is the
institution; (Replaced 49 of 1995 s. 53) "control" (控制), in
relation to a corporation, means the power of a person to secure-
(a) by means of the holding of shares or the possession of voting power in
or in relation to that or any other corporation; or
(b) by virtue of any powers conferred by the articles of association or
other document regulating that or any other corporation, that the
affairs of the first-mentioned corporation are conducted in accordance
with the wishes of that person.
(2A) For the purposes of the definition of "recognized occupational retirement
scheme" (認可職業退休計劃) in subsection (1)-
(a) a scheme which is registered for the time being under section 18 of
the Occupational Retirement Schemes Ordinance ( Cap 426) shall upon
registration be regarded as a
recognized occupational retirement scheme as from-
(i) the date on which the application for such registration was
made; or
(ii) the date on which the terms of the scheme came into effect,
whichever is the earlier; and
(b) a scheme in respect of which an exemption certificate has been issued
under section 7(1) of the Occupational Retirement Schemes Ordinance (
Cap 426) and has not been withdrawn shall upon the issue of the
certificate be regarded as a recognized occupational retirement scheme
as from-
(i) the date on which the application for the certificate was made;
or
(ii) the date on which the terms of the scheme came into effect,
whichever is the earlier: Provided that if such date is earlier
than the first commencement date of the
Occupational Retirement Schemes Ordinance ( Cap 426), the
scheme shall be regarded as a
recognized occupational retirement scheme as from such
commencement date. (Added 76 of 1993 s. 2)
(3) For the purposes of this Ordinance a husband and wife shall be deemed to
be living apart when they are living apart-
(a) under a decree or order of a competent court in or outside Hong Kong;
(b) under a duly executed deed of separation or any instrument of similar
effect; or
(c) in such circumstances that the Commissioner is of the opinion the
separation is likely to be permanent. (Added 43 of 1989 s. 2) (Added
73 of 1978 s. 2)
---------------------------------------------------------------------------
--------------------------------------
* Commencement date: 19 November 1993. "active partner"
(積極參與的合夥人) "agent" (代理人) "approved charitable donation"
(認可慈善捐款) "assessable income" (應評稅入息) "net assessable
income" (應評稅入息實額) "assessable profits" (應評稅利潤)
"assessor" (評稅主任) "assistant commissioner" (助理局長) "authorized
representative" (獲授權代表) "basis period" (評稅基期) "bill of sale"
(賣據) "body of persons" (團體) "business" (業務) "certificate of
deposit" (存款證) "prescribed instrument" (訂明的票據) "Commissioner"
(局長) "corporation" (法團) "debenture" (債權證) "deposit" (存款)
"deputy commissioner" (副局長) "executor" (遺囑執行人) "financial
institution" (財務機構) "Hong Kong currency" (港幣) "husband" (丈夫)
"incapacitated person" (無行為能力的人) "inspector" (稅務督察)
"limited partnership" (有限責任合夥) "marriage" (婚姻) "married"
(結婚) "mortgage" (按揭) "net chargeable income" (應課稅入息實額)
"occupational retirement scheme" (職業退休計劃) "owner" (擁有人)
"person" (人、人士) "precedent partner" (首合夥人) "profits arising in
or derived from Hong Kong" (於香港產生或得自香港的利潤)
"recognized occupational retirement scheme" (認可職業退休計劃)
"receiver" (接管人) "river trade limits" (內河航限) "specified form"
(指明的表格) "spouse" (配偶) "standard rate" (標準稅率) "tax"
(稅、稅款、稅項) "trade" (行業、生意) "trustee" (受託人) "wife"
(妻子) "year of assessment" (課稅年度) "year preceding a year of
assessment" (任何課稅年度的上一年) "associated corporation"
(相聯法團) "control" (控制)
[Index]
[Table]
[Search]
[Notes]
[Noteup]
[Download (Current & Past)]
[Download (Current only)]
[繁體中文]
[Help]