How the two tiers work
Profits tax is charged on the assessable profits of a person carrying on a trade, profession or business in Hong Kong, so long as those profits arise in or are derived from Hong Kong. For a corporation the first HK$2 million of assessable profits is taxed at 8.25 per cent and the balance at 16.5 per cent. An unincorporated business uses 7.5 per cent and 15 per cent.
The lower tier is a single allowance per group. Where several companies are connected, for example under common ownership or control, they must nominate one of them to claim the first-tier rate, and the others are taxed at the standard rate from the first dollar. A founder who runs a trading company and a service company side by side should decide which of them has the larger profits and nominate that one, because the nomination cannot be split.
There is no capital gains tax, no tax on dividends received or paid and no VAT or GST in Hong Kong, which is why the tax return concentrates on identifying profit and the correct source of profit. Salaries tax for employees is a separate tax, assessed on individuals, not on the company.
The territorial principle in practice
Hong Kong does not tax profits just because the company is incorporated here. It taxes profits that arise in or are derived from Hong Kong. The test, expressed in the Inland Revenue Department's published guidance on the locality of profits, is to look at what the taxpayer did to earn the profit and where it did it. A trading company that negotiates, contracts and ships from Hong Kong has onshore profits; a company that only sits in Hong Kong while the work is done elsewhere may have a case for offshore treatment.
The claim is made in the profits tax return and the burden of proving it is on the taxpayer. The topic of offshore claims is handled separately, but for planning purposes the lesson is that the accounts must allow your accountant to separate onshore from offshore revenue and expenses. If everything sits in one undivided ledger, nobody can support an apportionment.
Since 2023 a foreign-source income exemption regime applies to certain passive income, such as dividends, interest, disposal gains and intellectual property income, received in Hong Kong by members of multinational groups. Relief depends on meeting an economic substance or similar test, so a group should consult its tax adviser before assuming such income is untaxed.
The return, the timetable and what to attach
The Inland Revenue Department generally issues profits tax returns to corporations in April for the year of assessment that ended on the previous 31 March, and the company has about one month to file, although extension arrangements are available, most commonly through a tax representative. Check the date printed on your return and the notice, because the period begins from the date of issue.
A company must file a return even if it has made a loss, and a company that does not carry on business should say so rather than ignore the notice. A corporation is generally expected to submit its audited financial statements with the return together with a tax computation that starts from the accounting profit and adjusts it for items such as depreciation, which is replaced by tax allowances, and expenses that are not deductible.
Typical adjustments include disallowing private or domestic expenses and capital expenditure, adding back accounting depreciation and claiming allowances instead, and excluding capital profits and non-taxable income. Losses can be carried forward without a time limit against future profits of the same business, but cannot be carried back.
Provisional tax, objections and time limits
After assessing the profits for a year, the Inland Revenue Department issues a notice of assessment and demands provisional tax for the following year, usually payable in two instalments. If you expect profits to fall materially, you can apply to hold over part of the provisional tax; if the application is too optimistic and the actual profit is higher, interest and surcharges can follow, so do not use it casually.
If you disagree with an assessment, you generally have one month from the notice to submit a written objection stating your grounds. Missing the deadline limits your options, so make a diary entry the day the notice is received. Keep tax payment and objection in separate tracks, since an objection does not automatically suspend payment unless a holdover is agreed.
The department can raise additional assessments for up to six years after the end of the year of assessment, and for up to ten years in cases of wilful evasion or fraud. That is another reason the seven-year record retention rule is not optional.
Preparing the books for the tax computation
The cleaner the ledger, the shorter the accountant's job. Code each expense so that private items, entertainment, fixed asset purchases, directors' current accounts and related-party transactions can be isolated. Record foreign-currency transactions at the rate used consistently by the company. Keep contracts, correspondence and delivery documents for revenue that may be claimed as offshore.
4softerp is a multi-company financial ERP and accounting module for recording transactions and keeping the books of several entities in one place. It does not calculate profits tax, does not generate the tax return and does not communicate with the Inland Revenue Department; those tasks stay with your accountant. 4invoices issues PDF invoices and keeps an invoice archive, so sales documents are easy to retrieve when the computation is prepared.