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Tax Filing

Examples for offshore income claim

Offshore income claim involves consideration of all facts. We extracted below cases from the tax department (Inland Revenue Department) to help demonstrating how the rules apply :

There is no single determining factor, but, below will be advantageous:

  • has no real office in HK and only uses our office as a registered office;
  • has an overseas office in which the company's directors and staff are working;
  • has no staff in HK, its staff and directors rarely come to HK, e.g. about 2 weeks per annum;
  • negotiates and concludes contracts with suppliers and customers outside HK;
  • has no HK suppliers and customers;
  • shipment does not go through HK and arrangement of shipment is not done in HK;
  • physical inspection of goods is not carried out in HK

Having a bank account in HK to receive money is not relevant in most cases.

As the Inland Revenue Department will select some transactions and request all the documents relating to these transactions to be submitted to ensure that all the company's operations are carried out outside HK. Therefore you are recommended to keep all the correspondence for all the transactions e.g. faxes, emails, telephone bills, memos of meetings, purchase orders, sales orders, shipping documents.

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