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Taxation - China

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Frequently Asked Questions of notifying chargeability

Answer
Q: When should I inform IRD?
A: If you consider you are liable to Salaries Tax, Profits Tax or Property Tax for any year of assessment but have not received a tax return, you have to write or fax to IRD that you are chargeable to tax not later than 4 months after the end of the basis period of that year of assessment.

Q:
How to ascertain whether I am liable to tax?
A:
For Salaries Tax – if your employment income exceeds your total allowances and allowable deductions.
For Profits Tax – if the business carried on has assessable profits
For Property Tax – if you earned rental income from the let property

Q:
What kind of information should I include in my notification?
A:
Your name, Hong Kong Identity Card Number, postal address, day-time contact telephone number must be mentioned in your notification, and including the following information:
For salary earners – the full name and business registration number of your present employer. If you have a copy of the Employer’s Return, enclose a copy for easy reference.
For businessman – the name and business registration number of your business
For property owner – the year concerned, the rates assessment number and the location of the property

Q:
What is the consequence for non-compliance?
A:
A person who, without reasonable excuse, fails to comply with the requirement to notify chargeability to tax may be prosecuted under section 80(2) of the Inland Revenue Ordinance, subject to a fine of HK$10,000 and a further fine of 3 times the amount of the tax undercharged.

Q:
Am I still required to inform IRD if I cease my business or other income source?
A:
Yes, you must still inform IRD in writing within 1 month of such cessation.

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