Hong Kong HSBC Commercial Banking

Hong Kong Company Formation, Offshore Company Incorporation

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Success Story

 

No tax in Hong Kong - Offshore operation tax exemption - Service providing business

Background
  1. Mr. A is a French who knows many businessmen doing jewellery business all over the world;
  2. These businessmen will pay Mr. A service fee every time when Mr. A refers them the customers;
  3. Mr. A originally using his own French company to act as the middle man to link up these businessmen with the customers he found;
  4. Mr. A controls the business remotely – no need to maintain operation base in France;
  5. Profit of Euro 50,000 is subject to French tax rate - can be as high as 40%.
New arrangement
  1. Mr. A setup a Hong Kong company, H Ltd;
  2. H Ltd becomes the middle company – to link up customers he found with the jewellery businessmen all over the world;
  3. Referral service is delivered to the jewellery businessmen like before;
  4. Location of operation - Mr. A still operating the business - without maintaining operating office in Hong Kong and France.
Benefit
  1. Profit of Euro 50,000 will be profit of H Ltd;
  2. As H Ltd maintains only register address in Hong Kong, but not operating office. And also fulfilling offshore operation test, Hong Kong tax department (Inland Revenue Department) (IRD) approves the "non-HK source" application;
  3. There is saving of 40% in profits tax.
Important : Overall Tax Position

Mr. A still needs to fulfill personal income tax filing to French government – in order to assess overall tax saving scenario.

Important : Offshore operation tax exemption in HK

H Ltd should fulfill operation test, which include below :

  1. No operation office maintaining in HK (this is different from register address);
  2. No staff hired and working in HK;
  3. No customers / clients from HK;
  4. The service which give rise to the serivce income is not performed in Hong Kong.
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