Gerard Associates Ltd. Financial Advisory Services does not provide individual tax advice, and nothing contained in this briefing should be construed as such. We make every effort to ensure the accuracy of the information but cannot be held responsible for any liability arising.
It is essential that all clients seek tax advice specific to their own personal circumstances with the relevant tax professional of the jurisdiction(s) in which you are liable to tax.
This has been prepared based on our understanding of current legislation and tax practice as at the date above. However, these are subject to change, and may result in income tax consequences different from those detailed below.
We cannot accept responsibility for its interpretation or any future changes to law.
Introduction
As the Special Administrative Region of China, taxation in Hong Kong is very different from the tax regime in China. Taxes are collected by the Inland Revenue Department (IRD). There are three categories of income taxes in Hong Kong, i.e. Salaries Tax (“HKST”), Property Tax and Profits Tax.
Tax Year
1st April to 31st March.
Assessment Basis
Taxation in Hong Kong is based on a territorial source principle, therefore only income sourced in Hong Kong is taxed.
Prior to 1 April 1990, married couples submitted joint/aggregated assessments, but since then separate taxation applies. Married couples who are disadvantaged by separate assessment may elect to carry on with aggregated assessments.
Income Tax
In Hong Kong, HKST is only levied on income "arising in or derived from any office or employment of profit, and pension". The definition of income includes wages, salaries, bonuses, commissions, pensions, gratuities and “deemed rental value” of property provided to an employee by an employer and other assessable benefits.
There are various allowable deductions including charitable donations, elderly residential care, self-education expenses and mortgage interest. There are also a series of allowances, the rates of which are dependent on family structure.
The tax levied is the lesser of:
• 15% (2010) of "assessable income" after allowable deductions, but before personal allowances, or
• A progressive rate levied on "assessable income" after deductions and personal allowances.
The rates range from 2% to 17% (2010).
Taxation of Investment Income
There are no investment income taxes in Hong Kong.
Tax on Property Rental Income
Property tax is also based on the territorial principle and is levied annually on the owner of rent producing real estate located in Hong Kong. The annual assessment to property tax is based on 100% of the annual rental income of the property less any rates paid, and a flat allowance of 20% of the annual rental income after deduction of rates in respect of repairs and other costs (irrespective of the amount actually spent) is available. The tax rate is 15% of the assessable income for 2009/10.
Wealth Taxes
There are no wealth taxes in Hong Kong.
Capital Gains Tax
There is no capital gains tax in Hong Kong.
Inheritance and Gift Tax
There are no inheritance or gift taxes in Hong Kong
Regional and Municipal Taxes
Rates are levied annually and are payable by the occupier of the premises (although the owner retains legal responsibility for payment). The value of a property is based on its rateable value (which usually approximates its market rental value). The annual rates tax is 5% of the annual rateable value of the premises.
Property Taxes
Property tax is applied to rental income, the details of which are shown under the taxation of rental income above.
Stamp Duty/Transfer Tax
Stamp Duty in Hong Kong is based on the territorial principle and is payable on Hong Kong-situs leases, assignments and conveyances of immovable property, the transfer of shares or marketable securities and the transfer of bearer instruments.
Stamp Duty/Transfer Tax
Stamp duty is either a fixed fee or is calculated as a proportion of the asset value depending on the nature of the transaction. Stamp Duty in respect of share transfers is 0.2%, whilst immovable property transfers are taxed at progressive rates to a maximum of 3.75%. A series of exemptions exist for stamp duty transactions.
Sales Tax
There is no sales tax in Hong Kong.
Social Security Contributions
Social insurance in Hong Kong is arranged privately, but in 2000 the Government passed the Mandatory Provident Fund individuals. From 1st December 2000 all employees and self employed individuals earning more than HK$5,000 per month are required to contribute a minimum of 5% of their monthly income up to a maximum level of HK$20,000 per month, which is tax deductible up to HK$12,000 per month.
Employers must also make contributions in respect of those employees earning over HK$5,000 per month.
Taxation of expatriates living in Hong Kong
As taxes in Hong Kong are based on the territorial principle, nationality, residency or domicile are not relevant in determining whether an individual is liable to tax. Liability to tax is assessed on an individual’s employment income to the extent that it arises in or is derived from Hong Kong, namely if it is earned from employment bearing a locality in Hong Kong or if it relates to services performed in Hong Kong. Whether a person has a Hong Kong employment is determined by a number of factors, including whether that person has entered into a contract with a Hong Kong employer or resident company.
Hong Kong has comprehensive double taxation agreements in place with Austria, Belgium, Brunei, Hungary, Indonesia, Ireland, Kuwait, Liechtenstein, Luxembourg, the Netherlands, China, Thailand, the UK and Vietnam, and several others that are currently in the course of being ratified.
Taxation of ‘Non-residents’ living in Hong Kong
The liability to HKST on employment for an individual depends on whether the remuneration is received from an office in Hong Kong, from Hong Kong employment or from non-Hong Kong employment.
If remuneration is from Hong Kong employment an individual is fully taxable unless they render services entirely outside Hong Kong or spend not more than 60 days on visits to Hong Kong during any tax year, of which a full income exemption is available. Where an individual renders services partly in Hong Kong and partly in foreign territories, and the foreign services are subject to a tax which is similar to HKST in that particular country, only the amount of income relating to the Hong Kong services will be subject to Hong Kong tax.
If remuneration is from non-Hong Kong employment, an individual will only be liable to tax in Hong Kong if their visits to Hong Kong exceed 60 days during any tax year. Where an individual stationed in Hong Kong on regional duties is required to travel
frequently outside Hong Kong, they may apply to pay tax on a time apportionment basis by reference to the number of days spent in Hong Kong during the tax year. In this case the individual's income for foreign duties does not have to be subject to tax.
A person will generally be regarded as having a non-Hong Kong employment where:
· Their employer is resident outside Hong Kong; and
· The contract of employment has been negotiated and concluded and is enforceable outside Hong Kong; and
· The remuneration is paid to the employee outside Hong Kong.
However, the IRD reserves the right to look beyond these three factors when appropriate.