Section 14 of the Hong Kong Inland Revenue Ordinance (“IRO”) states that profits tax shall be charged for each year of assessment on every person carrying on a trade, profession or business in Hong Kong in respect of his assessable profits arising in or derived from Hong Kong from such trade, profession or business. This applies to both residents and non-residents of Hong Kong.

Profits tax may be levied on the non-resident directly (assessed in his own name) or indirectly (assessed on his agent) in respect of all profits arising in or derived from Hong Kong, from any trade, profession or business carried on there, whether or not the agent has the receipt of the profits, and the tax may be recovered out of the assets of the non-resident or from the agent. The agent is required to retain from the assets sufficient money to pay the tax.

According to Section 2 of the IRO, “agent” includes (a) the agent, attorney, factor, receiver or manager in Hong Kong, and (b) any person in Hong Kong through whom the non-resident is in receipt of any profits arising in or derived from Hong Kong.

Source：Hong Kong Inland Revenue Department’s website

- https://www.ird.gov.hk/eng/tax/bus_pft.htm#a02