In this article, we look to expand on the different types of profits tax returns to provide greater clarity on their differences and the particulars surrounding the profits tax filing process.
Every April, companies carrying out business in Hong Kong are issued with Hong Kong profit tax returns from the Hong Kong Inland Revenue Department (“IRD”). In this article, we look to explore the different types of profits tax returns, and what you should know when submitting them.
Hong Kong profits tax is levied on all profits arising in, or derived from Hong Kong and is chargeable to all persons, professions or businesses in Hong Kong (excluding profits arising from the sale of capital assets). Individuals who are self-employed (those who work for themselves and are not an employee), will be liable to profits tax.
1.1 Profits Tax Return – Corporations (BIR51)
1.2 Profits Tax Return – Persons Other Than Corporations (BIR52)
1.3 Profits Tax Return – In Respect of Non-Resident Persons (BIR54)
When completing and filing a profits tax return, the profits tax return, supporting documentation and any required supplementary forms should be submitted to the IRD within 1 month from the date printed on the profits tax return. The exact date of submission can be found on page 1 of a profits tax return.
As 1 month may not be adequate time for a business to complete their profits tax return, an extension may be granted upon request. At the beginning of each year, the IRD publishes a Circular Letter to tax representatives setting out the details of the block extension scheme and how tax representatives may help their clients apply.
The IRD defines a “dormant” company to be a Hong Kong limited company that, in legal terms, has “no significant accounting transactions” during a financial year. In other words, companies who have no entries in their company accounting records are considered dormant. Sums paid in relation to the issuance of shares and annual company maintenance fees with the Hong Kong Companies Registry are not considered as significant accounting transactions.
Despite their status, dormant companies must adhere to their Hong Kong tax obligations and file tax returns when required to do so by the IRD. However, as previously stated, when a dormant company is completing their annual Hong Kong tax returns, they are not required to submit their audited financial statements and tax computations.
In the event that a taxpayer fails to uphold their tax obligations, such as failing to maintain sufficient business records of income and expenditure, makes an incorrect return without reasonable error or fails to comply with the requirements of a notice, a fine may be presented. While the penalties and fines may vary, the maximum penalty is HKD 50,000 plus a further fine of 3 times the undercharged amount and imprisonment for 3 years.
Completing tax returns can be an intimidating process for companies and individual taxpayers alike. Everyone is scared of making a mistake, especially when they can be so costly! Whether you need help preparing to complete your profits tax returns or even communicating with the IRD, please contact the FastLane Group for a price quotation for audit & taxation services!
Original blog can be found here: https://fastlanepro.hk/2020/profits-tax-returns-filing-bir51-bir52-bir54/