home about us services download faq site map
Investments in Hong Kong
Hong Kong Business Registration
Hong Kong Taxation
Laws and Regulations
Scope of Services
Downloads
Frequently Asked Questions
Incorporate Your Company in Hong Kong
A Hong Kong private company (limited liaility company) requires one shareholder, one director, a Hong Kong addresss and a Company Secretary. In addition, there is no restriction on the amount of share capital.
More
The incoproration of a Hong Kong Limited Liability Company is a three step procedure. Step 1: apply for Certificate of Incorporation; setp 2: appointments of officers; setp 3: apply for Business Registration Certificate.
More
A company is required to notify the Companies Registry on the changes of its particulars, maintain proper books of accounts, file Annual Return, file Tax Returns etc to Maintain itself in Good Standing.
More
Due to its Territories Tax System, a company will not be subject to Hong Kong Profits Taxes if it derives all its income from business activities performed outside Hong Kong.
More
HONG KONG TAXATION
INDIVIDUAL INCOME TAX


HONG KONG SALARIES TAX

General

Salaries tax (Individual Income Tax) is charged on income arising in or derived from Hong Kong from:

· any office of employment or profit

· any pension.

Income that Subject to Salary Tax in Hong Kong

The income which is subject to salaries tax includes wages, salary, leave pay, fees, commission, bonus, gratuity, perquisites and allowance. Examples of payments which are not subject to salaries tax include severance payments and long service payments and employers' mandatory provident fund contributions up to 15% of the employees annual emoluments.

Source of Income

The rules which have been established for determining whether income derived from employment arises in or is derived from Hong Kong can be summarised as follows:

(1) Employees with Hong Kong employment are subject to salaries tax on all their income, irrespective of where they work, except in resp·ect of any income earned for services rendered in another territory which is taxed in that territory or unless the employee visits Hong Kong for not more than 60 days in any tax year.

(2) Employees with non-Hong Kong employment are only subject to salaries tax on that part of their income which is derived from services performed in Hong Kong. Therefore, employees with non-Hong Kong employment who work partly in Hong Kong and partly outside Hong Kong will be subject to Hong Kong salaries tax only in respect of income attributable to the proportion of their income which relates to services performed in Hong Kong. The apportionment can be done by reference to days in/out of Hong Kong or the value of the services performed in Hong Kong. If an employee is a visitor to Hong Kong who spends not more than 60 days on such visits in any tax year, no salaries tax will be payable in respect of services rendered during such visits.

For the purpose of these rules, a "non-Hong Kong employment" will normally only be found to exist where the following three factors (or at least the first two) are present:

(1) the contract of employment was negotiated and entered into outside Hong Kong and is enforceable outside Hong Kong

(2) the employer is resident outside Hong Kong

(3) the employee’s remuneration is paid outside Hong Kong.

The Commissioner generally takes the view that a resident cannot be a "visitor" and therefore a resident who is physically present in Hong Kong for not more than 60 days in a year of assessment is normally chargeable to salaries tax.

Directors’ Fees

Directors’ fees paid to the directors of a company which is controlled and managed in Hong Kong are chargeable to salaries tax irrespective of where the director resides. For this purpose any person holding a position similar to that of a director will be regarded as a director.

Deductions

Deductions from assessable income may be made for certain outgoings and expenses which have been wholly, exclusively and necessarily incurred in the production of the assessable income. It is, however, rare for an employee to succeed in making a claim for such a deduction. Accordingly, in Hong Kong, emphasis is placed on reducing assessable income by the use of non-taxable benefits rather than expenses in the case of salaries tax.

Non-salary Benefits

Non-salary benefits should be tax-deductible expenses for the employer and will, generally speaking, not be subject to salaries tax if:

· the benefit is not in the form of "money or money’s worth"

· in the case of a payment made by the employer for the benefit of an employee, the employer (and not the employee) has the primary obligation to pay for the benefit and no other person has guaranteed payment

· the benefit is not in connection with the education of a child of the employee.

Special tax rules apply to accommodation. The taxable amount is generally restricted to a maximum of 10% of the employee’s remuneration provided that certain conditions are observed. Holiday travel allowances are generally exempt provided the allowance is spent on travel.

Rates of Salaries Tax

Tax is charged on a progressive scale up to 17% after generous personal allowances but this is subject to a maximum effective rate of 15% applied to gross income. The amount of personal allowances to which a salaries tax payer is entitled depends on a person’s marital status and the number of children and other dependents.

Individual Income Tax Returns

Employers must file returns of remuneration paid to and benefits provided for employees and must notify the Commissioner of Inland Revenue when employees are employed or are about to leave employment. The procedure to be followed by an employer where an employee is about to leave employment is important and should be closely observed.

Provisional Salaries Tax

There is a system of provisional salaries tax in Hong Kong. A provisional assessment for the current year is made based on the previous year’s final assessment and tax is charged accordingly. Once the actual income for the year of assessment is known, a final assessment is issued based on the actual income crediting the provisional salaries tax already paid.

Salary Tax Rates

A person's income from an office, employment or any pension, less allowable expenses, charitable donations and personal allowances (see below), is chargeable to salaries tax at the following progressive rates:

Year of Assessment
2006/2007

Rates

Year of Assessment
2005/2006

Rates
First $30,000 at 2% First $35,000 at 2%
Next $30,000 at 7% Next $35,000 at 8%
Next $30,000 at 13% Next $35,000 at 14%
On the remainder 19% On the remainder 20%

The maximum tax payable is, however, limited to tax at the standard rate of 16% on the person's income from employment less allowable expenses and charitable donations, but without a deduction for personal allowances.

Personal Allowances

 

Year of Assessment
2006/2007

Year of Assessmnt
2005/2006

 

HK$

HK$

     
Basic allowance

100,000

100,000

Married persons allowance

200,000

200,000

Child allowances    
   1st and 2nd child (each)

40,000

40,000

   3rd to 9th child (each)

40,000

40,000

Dependent parent / grandparent allowance    
   not residing with taxpayer

30,000

30,000

   residing with taxpayer

60,000

60,000

Dependent brother / sister allowance
(for whom no child allowance claimed)
30,000  

30,000  

Single parent allowance

100,000

100,000

Disabled dependant allowance (in addition to any allowances already granted for the disabled person)

60,000  

60,000  

Deductions Allowed

Training expenses

40,000

40,000

Home mortgage interest

100,000

100,000

Elderly residential care expenses

60,000

60,000

Tax Thresholds (assuming no deduction)

 

Income Level

 

2006/2007

2005/2006

No tax payable

HK$

HK$

     
Single person / no children

up to 100,000

up to 100,000

Married person / no children

200,000

200,000

Married person / two children

280,000

280,000

Married person / two children and two dependents 340,000 340,000
     
Tax at standard rate    
     
Single person / no children

over 983,334

over 770,000

Married person / no children

1,616,667

1,270,000

Married person / two children

2,123,334

1,670,000

Married person / two children and two dependents

2,503,334

1,970,000

Hong Kong Head Office              Room 803, Futura Plaza, 111 How Ming Street, Kwun Tong, Hong Kong
                                                 TEL +852 2341 1444      FAX +852 2341 1414      E-mail info@bycpa.com

Shenzhen Office   TEL +86 (0755) 82684480 82684483 82684484 FAX +86 (0755) 82684481
Shanghai Office   TEL +86 (021) 64394114 64399276 FAX +86 (021) 64394414
Beijing Office   TEL +86 (010) 68748420 68748422    FAX +86 (010) 68748421  

image