TNAG-1641-FCO40-2288-Budget-of-Hong-Kong-1987 — Page 223

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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73

11.2.87

case which has been given wide publicity in professional

circles. Briefly, these arrangements seek to convert an

income flow, such as interest on a loan which is

assessable to Profits Tax, into a non-taxable capital

receipt by assigning the income flow to another person

without assigning the underlying asset. The arrangements

may also involve efforts to give income an off-shore

source.

138.

It is possible that the general anti-avoidance

provisions introduced last year may be effective in

negating the tax benefit sought from these arrangements.

Certainly, the Commissioner of Inland Revenue will

challenge cases where he considers that the purpose of any

arrangement falls within the terms of the general

anti-avoidance provisions.

However, because the amount of

revenue capable of being put at risk is so large and since

it has always been the Government's policy to implement

specific legislation to counter specific tax-avoidance

schemes, I propose, subject to the advice of the Executive

Council, to introduce legislation aimed specifically at

these asset refinancing arrangements.

I further propose

that such legislation should apply to arrangements entered

into after today.

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