Hong Kong’s Court of Final Appeal (CFA) ruled that year-end unrealized revaluation gains on listed securities held for sale were not taxable in Hong Kong. In a case called Nice Cheer Investment Limited (NCIL), the CFA rejected the CIR’s (Commissioner of Inland Revenue) reliance on the Spanish Prospecting case as supporting the CIR’s argument that unrealized profits were nonetheless taxable profits under the Inland Revenue Ordinance (IRO). The CIR had based its argument what it called two cardinal principles, i.e. for income tax purposes: (i) the word “profits” connotes actual or realized and not potential or anticipated profits; and (ii) neither profits nor losses may be anticipated.
Portugal: Azores raises VAT
»
Related Posts
Hong Kong reminds taxpayers and employers of tax reporting obligations
The Hong Kong Inland Revenue Department published a notice reminding taxpayers and employers of their obligations to submit tax-related information. Taxpayers are reminded of their obligations under Sections 51(2), (6), (7) and (8) of the Inland
Read MoreHong Kong updates EDI lists for tax benefits
The Hong Kong Inland Revenue Department (IRD) updated lists regarding the Qualifying Debt Instruments (QDI) on Monday, 13 May, 2024. The lists include: Qualifying Debt Instruments issued before 1 April, 2018 Short Term/ Medium Term Debt
Read MoreHong Kong and Venezuela conclude initial round of tax treaty talks
According to an update from the Hong Kong Inland Revenue Department, representatives from Hong Kong and Venezuela have concluded the initial rounds of talks for an income tax treaty on 10 May, 2024. This treaty, if finalised, signed, and
Read MoreHong Kong releases synthesised text of BEPS MLI-affected tax treaty with Russia
The Hong Kong Inland Revenue Department (IRD) has released the synthesised text of the tax treaty with Russia, as affected by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting
Read MoreHong Kong issues notice on 2023/24 individual tax return filing
The Hong Kong Inland Revenue Department published a notice on 2 May, 2024, regarding the filing 2023/24 individual tax returns. Taxpayers are required to file duly completed returns to the Inland Revenue Department (IRD) within one month from the
Read MoreHong Kong: Draft legislation for patent box regime announced
On 28 March 2024, the Hong Kong Inland Revenue Department published the Inland Revenue (Amendment) (Tax Concessions for Intellectual Property Income) Bill 2024 in the Gazette to implement the "patent box" tax incentive. The draft bill proposes a
Read More