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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.
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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.
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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.
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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.
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HONG KONG TAXATION


HONG KONG STAMP DUTY

Documents Subject to Stamp Duty

The Hong kong Stamp Duty Ordinance imposes duty on certain types of documents, which are mainly as follows:-

(1) Conveyance on sale,
(2) Agreement for sale of residential property,
(3) Lease of immovable property, and
(4) Transfer of Hong Kong stock.

How to Stamp Documents

You may present the documents for stamping to the Hong Kong Stamp Office in person. Alternatively, you may send in the documents by post. If the documents are forwarded by post, the documents will be assessed and you will be advised of the amount of stamp duty payable. Once your remittance is received, the document will be stamped and returned by registered post, usually within seven working days after receiving payment of the stamp duty.

Documents to be brought along for stamping transfer of Hong Kong stock or lease of immovable property:

Nature of Document for Stamping Documents Required
Transfer of Hong Kong stock (1) the executed contract notes and/or instrument of transfer,
(2) a copy of the Memorandum and Articles of Association, and
(3) a copy of the latest audited accounts of the company.
Lease Just the signed lease and any executed copies of the lease

Documents to be brought along for stamping transfer of Hong Kong stock or lease of immovable property

Rates of Stamp Duty

(I) Immovable Property

The rates of duty apply to the consideration for the sale of immovable property in Hong Kong remain unchanged as follows:

>year 2001/2002 and year 2000/2001
Property Value 
(HK$)
Stamp Duty
(HK$)
Property Value 
(HK$)
Stamp Duty
(HK$)
$1,000,000 or below $100 $1,000,000 or below $100
$1,000,001 - $1,080,010 $100 + 10% on balance in excess of $1M $1,000,001 - $1,080,010 $100 + 10% on balance in excess of $1M
$1,080,011 - $2,000,000 0.75% on property value $1,080,011 - $2,000,000 0.75% on property value
$2,000,001 - $2,176,470 $15,000 + 10% on balance in excess of $2M $2,000,001 - $2,176,470 $15,000 + 10% on balance in excess of $2M
$2,176,481 - $3,000,000 1.5% on property value $2,176,481 - $3,000,000 1.5% on property value
$3,000,001 - $3,290,320 $45,000 + 10% on balance in excess of $3M $3,000,001 - $3,290,320 $45,000 + 10% on balance in excess of $3M
$3,290,311 - $4,000,000 2.25% on property value $3,290,311 - $4,000,000 2.25% on property value
$4,000,001 - $4,428,570 $90,000 + 10% on balance in excess of $4M $4,000,001 - $4,428,570 $90,000 + 10% on balance in excess of $4M
$4,428,571 - $6,700,000 3% on property value $4,428,571 - $6,700,000 3% on property value
$6,000,001 - $6,720,000 $180,000 + 10% on balance in excess of $6M $6,000,001 - $6,720,000 $180,000 + 10% on balance in excess of $6M
$6,720,001 or above 3.75% on property value $6,720,001 or above 3.75% on property value

The payment of stamp duty due on the purchase of a residential property has been deferred until the assignment of the property is executed.

Duty of 0.2% (2000/2001: 0.225%) of the consideration applies for the sale of Hong Kong stock payable half by the vendor and half by the purchaser.

Duty of 3% (2000/2001: 3%) of the market value is charged on the issue of any Hong Kong bearer instrument.

(II) Transfer of Hong Kong stock

With effect from 1 September 2001, stamp duty on sale or purchase of any Hong Kong stock is charged at rate which vary with the amount or value of the consideration as follows:-

Nature of Document
Rate
Contract Note for sale or purchase of any Hong Kong stock 0.1% of the amount of the consideration or of its value on every sold note and every bought note
Transfer operating as a voluntary disposition inter vivos $5 + 0.2% of the value of the stock sold
Transfer of any other kind $5
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

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