WEDNESDAY, NOVEMBER 2, 1988
INCREASE IN BOARD OF REVIEW MEMBERSHIP PROPOSED
*
INTO
THE FINANCIAL SECRETARY, THE HON PIERS JACOBS, INTRODUCED THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY) A BILL
AMEND INTENDED TO
INLAND THE INLAND REVENUE ORDINANCE TO INCREASE THE MEMBERSHIP OF THE
COLLECTION OF PROFIT'S REVENUE BOARD OF REVIEW AND TO FACILITATE THE TAX FROM NON-RESIDENT PERSONS.
TAXPAYERS
DISSATISFIED
WITH
MOVING THE SECOND READING OF THE INLAND REVENUE (AMENDMENT}
OF REVIEW (NO. 2) BILL 1988, MR JACOBS SAID THE INLAND REVENUE BOARD
DEALING WITH APPEALS WAS AN ADMINISTRATIVE TRIBUNAL RESPONSIBLE FOR FROM
MADE
DETERMINATIONS
BY
THE
COMMISSIONER OF INLAND REVENUE.
THE "AT PRESENT, THERE IS A SUBSTANTIAL BACKLOG IN APPEAL CASES AWAITING HEARING, HE SAID.
NUMBER OF
THE BILL SOUGHT TO INCREASE THE NUMBER OF DEPUTY CHAIRMEN OF MEMBERS THE BOARD FROM SIX TO 10 AND THE MAXIMUM SIZE OF THE PANEL OF FROM 100 TO 150, HE SAID.
"THE INCREASE WILL ENABLE MORE SITTINGS TO BE HELD SO THAT BOARD COULD CARRY OUT ITS WORK MORE EXPEDITIOUSLY."
THE
BE
TURNING TO THE SECOND ASPECT OF THE BILL, MR JACOBS EXPLAINED
THAT
SHOULD THAT THE PRINCIPAL ORDINANCE PROVIDED
NON-RESIDENTS
IN HONG CHARGEABLE TO TAX EITHER DIRECTLY OR IN THE NAME OF AN AGENT KONG.
HOWEVER,
CERTAIN ADMINISTRATIVE DIFFICULTIES HAD ARISEN FINDING AGAINST FOLLOWING A HIGH COURT DECISION IN WHICH THERE WAS A
IN A CASE THE COMMISSIONER OF INLAND REVENUE
WHERE HE SOUGHT ΤΟ TAX A NON-RESIDENT PERSON IN THE NAME OF A HONG KONG COMPANY.
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TURNED COMMISSIONER
ON ESSENTIALLY THE DECISION AGAINST THE
OF 'AGENT' IN THE INTERPRETATION OF THE DEFINITION
RELATION TO A NON-RESIDENT PERSON UNDER THE ORDINANCE,' HE SAID,
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THE PROPOSED
AMENDMENT WOULD
ENABLE A
BE
PERSON IN HONG
AGENT
ΤΟ NON-RESIDENT KONG WHERE THAT PERSON,
CHARGED IN THE NAME OF A ALTHOUGH NOT AN PERSON FROM WHOM THE NON-RESIDENT WAS IN RECEIPT OF PROFITS OR ARISING IN HONG KONG.
OF THE NON-RESIDENT, WAS, NEVERTHELESS, A
"
PERSON IT IS ALSO MADE CLEAR THAT A HONG KONG TAX IN RESPECT OF A NON-RESIDENT IS REQUIRED TO DEDUCT AMOUNT PAID OR CREDITED BY HIM TO THE NON-RESIDENT AN PRODUCE THE TAX DUE, HE SAID.
MR JACOBS EMPHASISED THAT THIS AMENDMENT WOULD PRESENT TAXATION POLICY OR ITS APPLICATION.
THE POSITION
INCOME
CHARGEABLE FROM ANY SUM SUFFICIENT TO
ΤΟ
NOT ALTER THE
TO THAT WHICH WAS
IT WAS DESIGNED TO RESTORE THOUGHT TO EXIST PRIOR TO THE HIGH COURT DECISION, HE SAID.
DEBATE ON THE BILL WAS ADJOURNED.
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