2
Section 9 requires employers to furnish information as to married women who are their employees unless they have reasonable grounds for believing no tax will be chargeable on the woman's salary.
Section 10 is intended to negate any tax benefit conferred on any person by a transaction which has been entered into with the sole or dominant purpose of conferring such a benefit. The matters which may be taken into account in determining whether the sole or dominant purpose of the transaction is to confer a tax benefit are set out in the new section 61A(1) and the powers which an assistant commissioner may exercise upon such determination are set out in the new section 61A(2): new section 61B is a provision to prevent corporations with tax losses being acquired for the sole or dominant purpose of making use of those losses to offset against other taxable profits. (The existing tax avoidance provision, section 61, has proved inadequate to take account of modern tax-avoidance scheme. In drafting the provision, regard has been had to legislation elsewhere).
3. The opportunity has been taken to alter references in the principal Ordinance and rules to "the Colony" so that reference is now made to "Hong Kong".
4. Before the Governor assented to the Bill in the name and on behalf of Her Majesty, the Attorney General advised that he could properly do so.
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Amerr
Law Draftsman.
21 March 1986.
ATTORNEY GENERAL'S CHAMBERS,
HONG KONG
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