HONG KONG LEGISLATIVE COUNCIL
香港立法局
19 July 1989
一九八九年七月十九日
68
FINANCIAL SECRETARY: Sir, I move that the clauses 3, 6, 8, 9, 14, 18, 20, 21 and 23 be amended as set out in the paper circulated to Members.
Following consultations with members of the ad hoc group and members of the accounting and legal professions, I am proposing amendments to extend the scope of the joint election provisions to make them available to a small group of married taxpayers who would otherwise pay more tax under separate taxation. Initially it was intended that these taxpayers would obtain relief through personal assessment, but after considering representations from members, it has now been agreed that they will obtain direct relief in salaries tax by electing to be jointly assessed.
The other amendments are minor and consequential in nature. In addition to a small number of drafting points, they include the provision of a right to elect joint assessment for a period of one month after an assessment becomes final and conclusive, and the fine tuning of the allowance provisions where it was suggested that possible ambiguities may have existed.
Sir, I beg to move.
Proposed amendments
Clause 3
That clause 3 be amended
(a) in proposed new section 10 by deleting subsections (2) and (3) and
substituting
"(2)
Where in any year of assessment a husband and wife, not being a wife living apart from her husband, both have assessable income and
(a)
(b)
-
either the husband or wife is entitled to allowances under Part V which are in excess of his or her net assessable income as reduced by approved charitable donations under 12B(1)(a); or
both also have a net chargeable income and the aggregate of the salaries tax which would be payable by them if subsection (1) applies exceeds the salaries tax which would be payable if an election is made under this subsection,
No comments yet.
Private notes are available after approval.