1925-06-17 — Page 4

THE HONGKONG DAILY PRESS, WEDNESDAY, JUNE 17TH, 1925

SUMMER WEIGHT GOLF STOCKINGS

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HONGKONG.

BRITISH INCOME TAX CLAIMS.

EXPLAINING THE POSITION OF RESIDENTS" IN CHINA.

REPAYMENTS TO WHICH THEY

ARI ENTITLED,

[BY WILFRED T. FRY, INCOME TAX CONSULTANT.:]

Judging by the small number of claims submitted to the" Inland Revenue authorities there must be very large number of persons resident in China who have as yet made no attempt to recover the income tax to which they are justly entitled. The reason for this is probably either because they have no knowledge of the claims that can be preferred, or else they think that the trouble of reclaiming is so burdensome and encumbered by red tape as to make the amount recover- able hardly worth the sune spent on achieving the desired result. i will endeavour to point out the more important of the claims that can now be preferred by persons resident outside the United Kingdom, and give some idea of the amounts that can be recovered, in certain cases, writes Mr. Wilfred T. Fry Income Tax Consultant, of 13 Bucking- ham Palace Gardens, London, S.W.

In brief. practically every person deriving income from dividends, inter ests, rents, or annuities from the United Kingdom is entitled to recover tax.

Firstly, there are the claims granted by the Income Tax Act, 1018. These claims enn be preferred, by both British subjects and foreigners and are in ́res- pect of the whole of the tax deducted from certain specified British Government securities and all Colonial and Foreigo investments.

The exempted British Government securities are as follows:-

3 per cent. War Loans.

3 per cent. National War Bonds.

per cent Funding Loans.

4 per cent. Victory Loan Exchequer

Bonda

Example 1"A" is a married man with three children, having an income composed as follows:-

British dividends Salary in China

Total income

£103. 523

OFF

The relief to which he would be entit led if resident . England. for, say, the year 1992-20 would be as follows:- Earned income relief,, 10 per

cent

Married allowance Children allowance

307.10.9 at 5/-..... £295.0.0 at 2/81

£91.17.6 24. 2.6

£190. 0,0

£32.10.0

DO.

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LADY HỌ TUNG. OPENS HER SILK, FACTORY AT WEMBLEY..

SLEPT IN A HUT

Lady Ho Tong, opened her silk factory at the Hongkong Section of the British £387.10.0 Empire Exhibition on May 18th, and it drew a large number of visitors, who watched with interest not only the different stages of silk-making, but the Cantonese women workers, who seemed as much at home at Wembley as in their native place. There were eleven women at work..

CASE TO ANSWER. A COMMERCIAL BANK CLAIM The claim of the Industrial and Com mercial Bank, Ltd., against Chan Ping Sham was continued before His Honour the Chief Justice (Sir Henry Gollan) yesterday morning.

The bank claim the sum of $10.00 from personal defendant, in connection with a hond, which he signed on behalf of the firm, the overdraft of which had not been met.

As, however, his British income is only one-sixth (105/620) of the total income he

Lady He Tube thought it would take Mr. C. G. Alabaster, K.C. (instructed can dhly recevor one-sixth of the allow

aces, er £20 for that year. The tax de-about another fornight for the factory by Messrs. Wilkinson & Grist), appeared ducted from his dividends would amount to be at its best, and then the public to £26.5.0., so that approximately three would be better able to appreciate the for the plaintiff Bank, and Mr. F. C Jenkin (instructed by Messrs. »Deacons), quarters of this amount would be re- deftness and production of her workers. elnimed.

Sir Robert and Lady Ho Tung arrived | appeared for defendant. in London on April 25th, and awaited the arrival of the as. Thesens, which brought the Chinese staff and silkworm workers Although the appliances and materials for the silkworm, exhibit duly arrived in' Lon- don on April 29th, in spite of repeated enquiries these were not delivered at Wembley until the afternon of May 7th, in other words, about one day and quarter before the opening of the Ex- hibition. This unexpected and intensely disappointing delay actually threw auch upon Lady Ho Tung. She spent several days at Wembley, sleeping for seven nights in a hut in the Exhibition grounds, much to her discomfort and inconvenience, 18 she was extremely anxious to have everything in working order with the lenat passible delay.

Example 2-"B" in a British subject resident in China. He is married and has no children. He ry life assurance premium of £30 to an assurance company established in Great Britain. Bis total income from all sources for the year 1924-25 amounts to £800, and is made up of £610 dividends on Colonial Government Stock and £900 British Railway dividends 1 B's" whole income of £900 were liable to and had borne British Income Tax, he, would be entitled to repayment

.

Similarly all tax paid at source on the dividends or interest of any Colonief or Foreign Government or Municipal or Pro vineial securities can be recovered by a person not residing in Great Britain and Northern Ireland. This exemption is as follows:- also extended the dividends of Personal allowance, £225 at 4/6

to

in the £.

£30.12.6 Colonial and Foreign companies which Reduced rate of tax on £925 at

25.063 2/3 in the mi are, paid through British transfer offices. or bankers. subject to the deduction of Relief in respect of life assurance

premium, £30 at 2/3 in the E. 207.3 tax as is often the case.".«.

Total £70.04.3

As, however, 1200 only is hable to British Income Tax, "B" is entitled to repayment of:-200/000 of £29.03.3 or £25.11.1.

extra work

OBITUARY.

MR. W. E. SOUTHCOTT.

He could claim to be one of the oldest

Mr. Li Yan Song, loent manager of the firm at the time the accpunt was opered," said that it had been previously mentioned by Chan Liu Sha, a merchant in the sanie company as defendant, that it was Chan Ping Shan (defendant) who He signed the authorized statement."

witness) did. not remember the actual signing of the guarantee. Be thought, the account was in the name of the Fook Cheung firm, he regarded it as a joint account, because they were father and

spy In answer to Mr. Jenkin, witness said that if Chan' Liu Sha had six son they would be jointly interested in the account, according to Chiness ideas.

COUNSEL FOR DEFENCE.

Mr. Jenkin contended he had no caso

The death took place at Wei Hai Wei

to answer. It was true that the docu- ment for the overdraft had been signed on June 8th of Mr. W. E. Southcott, residents in China, and since his retire by defendant but it had also been stamp- ment had lived chiefly in Peking and Weied with the chop of the Fook Cheung Hai Wei. He was well known in Tientsin firm. The prosecution did not affirm that both as a prominent business man and he was a guarantor, neither was he £300 for his public and social work. He was

It is here that the greatest difficulty in! connection with these claims exists as it is hard for the Iny mind to discriminate hetween what ire Colonial and Foreign companies and what are purely British concerns. Generally speaking, these specific claims can only be made in res pect of companies actually incorporated outside Great Britain and not those re- gistered in Great Britain even where the trading operations are carried on entirely abroad. As an example, the Canadian Canadian Pacific Railway, (tax Pacific Railway, Rand Derp and Bank of New South Wales are foreign com. panies, whereas the Buenos Ayres and Rosario Railway, Johannesburg Car solidated and Union Bank of Australia rank as British, and any claims in respect af the dividends of these latter companies must come into the category mentioned

Example 3-(Incorporating also a claim in respect of the specifically exempted dividends mentioned la, the first part of this article). "C" is a married man with two children and received an income ns under:- English dividends

below.

タナ

deducted).

5 per cent. War Loun (tax de

ductes) -- Salary in Hongkong Dividends received in China

Total

#00

200

£3.500

for thany years a partner in Mesars, considered a partner of the firm. It Foches & Co, a director of the Water had been admitted by witnesses that the works and. Gaaworks and many other.

..

concerns. As a member of the Municipal account, which was opened in June, 1921, 2,000 Council, and the Haiho Conservancy he

was that of the firm and their's only. 500 performed invaluable public work whilst in his retirement he never entirely, gave

PLAINTIFF'S CONTENTION. up the active, life for he was kecaly in- Mr. Alabaster said that the defences terested in and worked hard for the claimed that as defendant was under 21 Famine Relief Commission.

when he signed the document he was, therefore, not liable. Counsel gave

The amount of tax recoverable for the

In the case of the above claims no deve years to April 8th, 1025 amounts to

£769 claration of total income has to be made.

One of the main reasons why more of The time limit for preferring these and, these claims are not preferred is appar

MR. HARRY MAITLAND.

The death occurred at "Osk. Dene," examples of the findings of English judges in fact, practically, all income tax claims ently the apprehension that by declaring Harrow-on-the-Hill, on May 13th, of Mr. in identical cases, and cited the case of has been extended to 6 years after the the total income from all sources a risk Harry Maitland. Mr. Maitland who was

year of claim" but not so as to go back is run of being assessed on the non-2 years of age, spent the greater part a Norwegian captain, who had appended beyond April 5th, 1920. Thus claim British part of it. This is not so. Under of his career in China, where he was well his signature to a document written in can be preferred at any time not than April 5th, 1997.

in respect of the financial year 1920-91 no circumstances can a регвод not known. Educated at Sevenoaks, he join. English of which language he had no

later

resident in Great Britain became liable ed Messrs. Thorne & Co., the well-known knowledge. In a case arising out of this, The second class of claim that can be for tax on inuome derived from sources. firm of Eastern merchants, of 62, London:

outside Great Britain.

Thorne & Co., holding this position up, to

CORRESPONDENCE.

SCHOOL STRIKE..

Wall and after a few years' experience an English judge gave judgment against preferred by non-residents in the United

These claims can still be preferred even in London went out to Shanghai to join the captain and maintained that he was Kingdon is of a different character and when the total income is quite large Messrs. Maitland & Co., that being able though he was ignorant of the con- far more difficult in operation. It is for running into my thousands of pounds, Messrs. Thorne & Co.'s Shanghai branch

proportion of the allowances which hut naturally the ratio of tax recoverable

He remained there for the greater part tants of the document. would be ordinarily due to a person re- diminishes as the amount of total income of his career, and in 1907, on the death of His Lordship held that Mr. Jenkiri had siding in Great Britain in respect of the increases, In no case, however, can the his brother, Mr. Ralph Maitland, he took a case to answer, because it was a fact same income. These claims can only be appropriate rate of tax on a person's over the management of Maitland & Co. that his client had signed the document presented by persons who are British income become as great as the standard In 1910 he returned to England to settle The case will be re-heard this morn subjects or others who, having been re-rate for the year owing to the various down, and became a director of Messrs. ing.. sident in the United Kingdom, have had abatements allowed. to go abroad for reasons of health or

In the case of married persons the the time of his death. who are missionaries or who are or have claim must normally be made out in the He was extremely popular both in becu in Government service. 1

name of the husband and include the London and Shanghai, and amongst other Normally any income arising from total income of husband and wife, even social activities be and his brother, the sources in Great Britain or Northern Ire in cases where the whole taxed income late Mr. Ralph Maitland, ran a very land is chargeable by way of deduction is the property of the wife, as the latter popular periodical in Shanghai under the with tax at the full standard rate for the is still classed in the Income Tax Acts title of Sport and Gossip. The late year. The standard rate for the years with incapacitated persoDB. This does Mr. Maitland was well liked by his busi- 1920-21 and 1921-22 was 6/ in the £; for not apply, where married women are ness associates, who affectionately regard- 1902-23 57- in the £; and for 1923-24 and separated from their husbands in which ing bim as a friend and wise counsellor 1024-25 4/8 in the £. Certain rebates case, they can claim as o feme solc. rather than a mere colleague. He leaves can be obtained, however, which consider.

It the income, stands in the name of behind him a widow and one daughter. abje reduce the amount of tax, ultimately trustees who are resident in Great payable.

Britain, claims can still be preferred by The main allowances in respect of any beneficiaries resident overseas, but în which relief is granted at the full rate these cases a copy of the Will or

Something should be done with these of tax. are as follows:-10 per cent of instrument creating the trust may have to Garrison Tennis Learue during the kids. They are getting beyond bounds The results of matches played in the impudent, childish and immodest "school" earned income subject to a maximum be produced in order to show. the week ending June 13th were as under. rebate of £200, personal allowance: £135 claimant's right to the repayment.

and very big beaded in their ideas.

The students are the ones who have broken the law in Shanghai and else where in China, and they will ruin China if their foolish and childish nonsense in not stopped right away,

or marriage allowance £225," allowance The fact that the necessary dividend for children £36 (first) and £27 (subse vouchers or income tax receipta havo quent ones), £60 for a housekeeper and been mislaid does not in any Way 495 for dependent relatives in certain invalidate a claim, as duplicates can in circumstances, up to £45 for any earned all cases be obtained upon application income of the wife, nad life assurance to the company or "tax collector con- premium. In addition to these, there is cerned. •

ard rate of tax.

GARRISON TENNIS LEAGUE,

R.E. "B" beat "A" Coy., East Surrey Begt. by 71 to 28.

[TO THE EDITOR OF THE HONGKONG DAILY PRESS."

If the students of the Sayingpam Government District School un not re- turn to School at once they should be prohibited from joining any other of the Schools in the Colony (day, night or private schools).

RA.B.C. Beat R.E. "A" by 69 to 37. H.Q. Wing, East Surrey Regt bent Small Units by 65 to 34

RAM.C.. scratched to R.AO.C.

I hope the School Authorities will take The final of the Garrison Cricket drastic measures with them-Yours a further rebate of £225 at half the stand The words "free of tax on a dividend League competition, the 13th Heavy Bat Yaithfully,

AH CHUEN, youcher do not mean that no Britia tery, I.A., . "C" Company, the ist Bu.. The whole of these allowances are not income tax has been deducted, as this is The East Surrey Regiment, is to be [Ed. Note: If all the students had obtainable, however, except in cases a technical expression really equivalent to played to-morrow afternoon on the In- the same amount of common-sense as car where the entire income is derived from after deduction of tax"

Thus a

dian Recreation Ground, Sookunpoo. correspondent, who is, we understand, the United Kingdom. In other cases a divdend, of £15 dcclared free of tax" Play will begin at 2 p.10. H.E. the Gen himself a student, there would be little proportion only can be claimed depend- is equivalent to a gross dividend of £20, szal Oficer Commanding the Forces in trouble. As announced in the Daily ing upon the ratio that the British in- less tax £5 (assuming tax a 5- in the £), China (Major-General CC Laard, Free the students of the Baiyingman come bears to the total income.

and the gross amount of £20 can be C.B., C.M.G.), has consented to present School have been notified that they will An example or two will" better illus-included in the statement of tax dividends the Challenge Cup and "Medals to the struck off the school-roll if they don trate my meaning.

upon which repayment is, claimed. winners at the conclusion of the match not return by Thursday morning.1.

.