7
source of interest, some profits from interest
of banks and financial institutions have hitherto
been escaping the tax net even though these profits arise from business operations in Hong Kong. It is this horizontal anomaly which the Bill is designed to
remove.
20. Eighthly, it has been put to me that a danger will exist of certain types of offshore business being transferred elsewhere, and that the position of Hong Kong as a financial centre will be thereby jeopardised, I appreciate that the after-tax. profitability of some banks will be reduced. But it must be appreciated that, at present, many banks and financial institutions are in a very privileged tax position compared with businesses generally. They enjoy an effective rate of tax on total profits here
well below 17%. There is no justification for this. Not that I believe there is likely to be a substantial
loss of such business as a result of this Bill being enacted, for I believe that tax advantages are not the only reasons why overseas institutions decide to conduct offshore activities here. So I do not believe that, in the long run, Hong Kong's position as a financial centre will be impaired (and, incidentally, this proposal to tax the profits from so-called offshore interest is unrelated to what is or is not taxable elsewhere).
21. Finally, I have received representations that
the commencement date of the Bill is retroactive
because banks and other financial institutions with
accounting dates other than 31st March will be liable to be assessed on profits from interest received relating to periods prior to 1st April 1978. But those affected are in no worse position than the generality of taxpayers
who commit themselves to a business transaction, in
/respect....