Filing income tax returns is an integral part of financial responsibility, and understanding the process is crucial to ensure compliance with regulations. In this article, we will explore the key aspects of filing income tax returns in Hong Kong, from the basic requirements to the services available to assist you.

The important of complying file income tax return in Hong Kong

Filing income tax returns in Hong Kong is a mandatory annual task for individuals and businesses alike. As a small business owner or freelancer in Hong Kong, dealing with taxes is inevitable. However, it’s essential to understand that tax evasion carries severe consequences. Hong Kong strictly enforces tax regulations, with the Inland Revenue Department (IRD) imposing substantial penalties for noncompliance.

The main taxes applicable to corporates and business owners in Hong Kong include:

  1. Tax on Business Profits: Profits tax is levied on the profits generated by businesses that are based in Hong Kong.
  2. Tax on Salaries: Salaries tax is imposed on the earnings of employees who reside in Hong Kong.
  3. Tax on Property Ownership: Property tax is applied to the ownership of property in Hong Kong.
  4. Tax on Transactions: Stamp duty is a tax imposed on specific transactions, including the sale of property or shares.

The IRD can impose civil penalties, such as monetary fines, for tax avoidance, varying based on the offense’s severity. In certain cases, tax avoidance may be treated as a criminal offense, potentially leading to imprisonment for up to three years.

The IRD also has the authority to publish the names of convicted taxpayers in the Hong Kong Government Gazette and on its website, making such information public record. This exposure can harm an individual’s reputation, affecting their ability to secure employment or conduct business. Therefore, it is crucial for individuals and businesses in Hong Kong to stay informed, comply with tax laws, and safeguard their reputation to avoid legal consequences.

How to file income tax return in Hong Kong

This section will outline a step by step guide on how to file income tax returns in Hong Kong. From registration to submission, readers will gain a clear understanding of the process, making the task less daunting.

Overview of Hong Kong Tax System:

  1. Profits Tax:

  • Hong Kong’s corporate tax system, known as profits tax, operates on a flat rate and territorial principle.
  • The normal Profits Tax Rate for Corporate Income Tax is 16.5% in Hong Kong.
  • A Twotier tax system was introduced in 2018, providing preferential tax rates for a set amount of profit.
  1. Interest Income:

Interest income from operations in Hong Kong falls under the profit tax and is taxable.

  1. ValueAdded Tax (VAT) and Sales Tax:

Hong Kong does not impose ValueAdded Tax (VAT) or Sales Tax on most services and items.

  1. Capital Gain Tax:

There is no Capital Gain Tax in Hong Kong.

  1. Dividend Tax:

Dividends, whether generated in Hong Kong or overseas, are not subject to withholding taxes.

  1. Personal Income or Salaries Tax:

The Personal Income or Salaries Tax Rate is based on an individual’s income.

  1. Property Tax:

Individuals profiting from owning land or buildings in Hong Kong are subject to a Property Tax Rate of 15% of the assessable value.

  1. Tax Incentives:

Hong Kong offers various tax incentives to make incorporation more appealing. Hong Kong Corporate Tax:

Territorial System: Hong Kong’s corporate taxation follows a territorial system, basing taxes on profits derived from trade or business conducted within Hong Kong.

Provisional Profits Tax: Profits tax is assessed on a fiscal period, usually 12 months, and provisional profits tax allows estimated payments in two installments, with adjustments after determining assessable profits.

FlatRate Corporate Tax System: Hong Kong’s tax system employs a flat rate principle, offering two profit tax rates: single tier and two tier.

  • SingleTier:
    • Provides a 16.5% rate on assessable profits for companies.
    • Unincorporated companies have a 15% rate.
  • DoubleTier:
    • Reduces the tax rate on profits that are subject to assessment for the first $2 million in Hong Kong dollars.
    • Concessionary tax rate of 8.25% for profits under $2 million; profits above $2 million taxed at 16.5%.
    • unincorporated businesses with profits under $2 million taxed at 7.5%; profits above $2 million taxed at 15%.
  • Tax Incentives in Hong Kong:
    • 100% writeoff for expenses related to purchasing machinery, especially for manufacturing and computer hardware/software.
    • Five Year writeoff period for expenses on renovating or refurbishing business premises or buildings.
    • 100% deduction for expenses on environmentally friendly machinery and vehicles.
    • 100% profits tax deduction for environmental protection installation costs incurred after April 1, 2018.
    • Tax concessions for mutual funds and trusts.
    • Profit tax deductions for expenses related to the sale of intellectual property.
    • Tax exemption for asset transactions by Hong Kong Operated funds under specific conditions.
    • Profit tax exemptions for investments in local and overseas private companies.

Guide to file income tax return in Hong Kong for businesses

Filing income tax returns is a yearly responsibility for individuals in Hong Kong. This guide provides a step by step approach to help navigate the process and ensure compliance with tax regulations:

How to file income tax return in Hong Kong
How to file income tax return in Hong Kong
  1. Determine Tax Resident Status:

Establish whether you are a tax resident in Hong Kong. Residents are generally taxed on worldwide income, while nonresidents are taxed only on income derived from Hong Kong.

  1. Obtain a Tax File Number (TFN):

If required, register for a Tax File Number (TFN) from the Inland Revenue Department (IRD). This can be done online or in person.

  1. Gather Necessary Documents:

  • Collect all relevant documents, including:
  • Employment income statements
  • Deduction receipts (charitable donations, education expenses, etc.)
  • Rental income details
  • Investment income statements
  • Any other sources of income and relevant supporting documentation
  1. Choose the Correct Tax Return Form:

Select the appropriate tax return form based on your sources of income. The BIR60 form is commonly used for individuals in Hong Kong.

  1. Complete the Tax Return Form:

Fill out the form accurately, providing details on personal information, income, and deductions. Follow the instructions provided with the form.

  1. Calculate Tax Liability:

Utilize the rules given to determine your tax obligation. Hong Kong employs a progressive tax rate system, so ensure you apply the correct rates to each income bracket.

  1. Submit the Tax Return:

Submit the completed tax return form to the Inland Revenue Department. Submission can be done online through the eTAX platform or by mail.

  1. Pay Outstanding Tax (if applicable):

If you owe taxes, make timely payments to avoid penalties. Various payment methods, including online services and bank transfers, are available.

  1. Retain Records:

Keep copies of your filed tax return and supporting documents for at least seven years. This is important in case of audits or inquiries from the Inland Revenue Department.

  1. Seek Professional Advice (if needed):

If you have complex financial situations or uncertainties about the filing process, consider consulting tax professionals or accountants with expertise in Hong Kong tax regulations.

Who should file income tax return in Hong Kong

In Hong Kong, the obligation to file an income tax return is determined by an individual’s or a business’s tax residency status and their sources of income. Here are types of individuals who should file an income tax return in Hong Kong:

  1. Tax Residents:
  • Individuals who are tax residents in Hong Kong are generally required to file income tax returns.
  • Tax residents are individuals who either have a permanent home in Hong Kong or stay in the region for 180 days or more during a tax year.
  1. NonTax Residents with Hong Kong Source Income:
  • Nonresidents who derive income from a Hong Kong source may also be required to file a tax return.
  • This includes individuals who earn income from employment, business, or other sources in Hong Kong.
  1. Businesses and Corporations:
  • All companies, regardless of their tax residency, are required to file annual tax returns with the Inland Revenue Department (IRD).
  • Sole proprietorships and partnerships are treated as unincorporated businesses, and their owners may also need to file tax returns for the business income.
  1. Individuals with Assessable Income:
  • Individuals with assessable income that is chargeable to tax should file a tax return.
  • Assessable income includes employment income, business profits, rental income, and other sources of income.

Some individuals may be exempt from filing, such as low income earners who meet specific criteria. Certain types of income may be exempt or subject to reduced tax rates, and individuals meeting these conditions should still report their income.

It’s important to note that tax laws and regulations may change, and individual circumstances can vary. Therefore, individuals and businesses should regularly check for updates from the Inland Revenue Department (IRD) in Hong Kong or seek professional advice to ensure they are aware of their specific filing obligations.

Documents required to file income tax return in Hong Kong

When filing an income tax return in Hong Kong, individuals and businesses need to provide various documents to support their financial information. The specific documents may vary based on the nature of income and individual circumstances, but here is a general list of documents commonly needed

Documents required to file income tax return in Hong Kong
Documents required to file income tax return in Hong Kong

For Individuals:

1. Employment Income:

  • Form IR56B (provided by the employer)
  • Salary statements and/or employment contracts
  • Bonus statements
  • Details of any other allowances or benefits received from employment

2. Business or SelfEmployment Income:

  • Business Registration Certificate (BR)
  • Profit and loss statements or audited financial statements
  • Bank statements showing business transactions
  • Receipts and invoices related to business expenses

3. Rental Income:

  • Lease agreements or tenancy agreements
  • Rental income statements
  • Details of expenses related to the property (e.g., property management fees, repairs

4. Investment Income:

  • Statements from banks or financial institutions showing interest income
  • Dividend statements from shares or other investments
  • Details of any capital gains or losses

5. Other Income:

  • Documentation for any other sources of income, such as royalties, alimony, or pensions
  • Supporting documents for any exemptions or deductions claimed

6. Deduction Documents:

  • Receipts or documentation for deductible expenses, such as charitable donations, medical expenses, and home loan interest
  • Supporting documents for any tax concessions or allowances claimed

7. Tax File Number (TFN):

  • Your Tax File Number obtained from the Inland Revenue Department

For Businesses and Corporations:

1. Business Registration Certificate (BR):

  • Copy of the valid Business Registration Certificate

2. Financial Statements:

  • Audited financial statements or financial statements prepared in accordance with Hong Kong Financial Reporting Standards (HKFRS)

3. Profit and Loss Statements:

  • Detailed profit and loss statements for the tax year

4. Bank Statements:

  • Bank statements showing business transactions

5. Receipts and Invoices:

  • Supporting documents for all income and expenses, including receipts, invoices, and vouchers

6. Tax Computations:

  • Detailed tax computations for the company, including adjustments for any allowances or exemptions

File income tax services in Hong Kong

Hong Kong Special Administrative Region (SAR) follows a territorial tax system. Both residents and non-residents are subject to payroll tax in Hong Kong on income from employment originating in Hong Kong, income from a position held in SA Hong Kong In Hong Kong, the Individuals and businesses often seek the assistance of professional tax services to ensure accurate and compliant filing of income tax returns. Some file income tax services in Hong Kong services you can receive are as follows

  1. Tax consulting
  2. Tax planning
  3. Prepare income tax declaration
  4. Corporate tax services
  5. Tax compliance services
  6. Tax representative
  7. Tax services for foreigners
  8. Estate and inheritance tax planning
  9. Use tax incentives
  10. Consulting on tax law changes
  11. Cross-border tax services

When choosing a tax service provider in Hong Kong, it is essential to consider their expertise, reputation and track record. Many firms offer comprehensive services to address the diverse tax needs of individuals and businesses in this dynamic financial hub and pension income in Hong Kong.

Conclusion,

Filing income tax returns in Hong Kong is a fundamental responsibility, and a thorough understanding of the process is essential. By exploring the basics, providing a step by step guide, and highlighting key considerations, this article aims to empower individuals and businesses in meeting their tax obligations. Whether navigating the process independently or seeking professional assistance, readers will be well equipped to fulfill their responsibilities in the realm of income tax in Hong Kong.

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