 |
FAQ : Completion of Supplementary
Forms
Frequently Asked Questions & Answers
on Completion of Supplementary Forms [IR 51S & IR 52S] issued
on or after 1 April 2008
Introduction
For the benefit of the tax paying public and their
tax representatives, some frequently asked questions and their answers
are listed below for general information and guidance.
| Q1 |
If I choose to download the electronic
version of the Supplementary Form from the IRD web site and
submit a printed copy of the completed form together with
a CD-ROM / DVD-ROM, do I need to cut out the Supplementary
Form annexed to the Profits Tax Return before submission? |
| |
|
| A1 |
No. You should submit the Profits Tax Return
intact with the blank Supplementary Form. |
|
|
| Q2 |
If I choose to submit
the printed copy of the completed Supplementary Form together
with the CD-ROM / DVD-ROM / diskette, how should the CD-ROM
/ DVD-ROM / diskette be identified? |
| |
|
| A2 |
An external label should be affixed to the
CD-ROM / DVD-ROM / diskette showing business name, file number
and the year of assessment. |
| |
|
| Q3 |
If the company does
not have any data for completing the boxes for amounts, can
I leave those boxes blank? |
| |
|
| A3 |
No. You must fill in all these boxes. If
nil, just enter "0". |
| |
|
| Q4 |
If the amounts shown in the company's
financial accounts include cents, should I put in the cents
when stating amounts in the Profits Tax return? |
| |
|
| A4 |
No. You should exclude cents when stating
amounts. |
| |
|
| Q5 |
How should a figure be inserted
in a box? |
| |
|
| A5 |
You should put in the numbers without inserting
" , " in between them and align the figure to the
right-hand side. |
| |
|
| Q6 |
If I have prepared accounts for more
than 12 months (or less than 12 months), how should the boxes
for financial data in the Supplementary Form be completed?
Should the amounts be apportioned or grossed up to show figures
for a 12-month period? |
| |
|
| A6 |
It is not necessary to apportion (or gross
up) the figures if more (or less) than 12-month accounts have
been prepared. Amounts extracted from the balance sheet and
the profit and loss account should be used in completing the
financial data boxes in the Supplementary Form. |
| |
|
| Q7 |
According to the Notes and
Instructions on completing Supplementary Forms, I may have
to provide personal particulars of persons who have made payments
to or received payments from me. Would such disclosure be
in breach of provisions in the Personal Data (Privacy) Ordinance?
|
| |
|
| A7 |
No, personal data are exempt from the provisions
of data protection if they are for the purposes of assessment
or collection of tax or duty. See section 58 of the Personal
Data (Privacy) Ordinance, Cap. 486. |
IR 51S Boxes S1.1 and S1.1.1; IR 52S Boxes
S2.1 and S2.1.1
[Are you a SMALL corporation/business and State your total gross
income for the basis period]
| Q8 |
What is a SMALL corporation/business?
|
| |
|
| A8 |
A SMALL corporation/business is a company
which has total gross income not exceeding HK$500,000
for the year. |
| |
|
| Q9 |
What items should be included in calculating
the total gross income for the year? |
| |
|
| A9 |
Total gross income means ALL types of income,
whether taxable or non-taxable and whether or not derived
from the principal business activity. |
| |
|
| Q10 |
Should proceeds from sale of fixed assets
be included in total gross income? |
| |
|
| A10 |
Yes. |
| |
|
IR 51S Boxes S1.1.2 and S1.1.3
[State the name of the Auditor who prepared your Auditor's Report
for the basis period and State the date of the Auditor's Report]
| Q11 |
If the company is a SMALL corporation
and does not need to submit the financial statements and Auditor's
Report with the Return, can I first complete and submit the
Return in accordance with the management accounts and engage
an auditor to prepare audited financial statements later?
|
| |
|
| A11 |
No, you should have prepared the financial
statements, Auditor's Report and the tax computation before
you complete the Return. |
| |
|
| Q12 |
If the company is a SMALL corporation,
can I leave Boxes S1.1.2 and S1.1.3 blank? |
| |
|
| A12 |
No. You must complete both boxes.
|
| |
|
| Q13 |
What should I put in Box S1.1.2 for the
name of the auditor? |
| |
|
| A13 |
You should insert the name of the auditing
firm. |
IR 51S Box S1.5; IR 52S Box S2.4
[Are your financial statements prepared in a foreign currency?]
| Q14 |
If the company's financial accounts are
prepared in a foreign currency, what exchange rate should
I use for converting the amounts into HK dollars?
|
| |
|
| A14 |
You should use the yearly average rate as at the accounts
closing date. You can also find the conversion
rate for major foreign currencies in this web site.
|
Industrial
Building or Commercial Building Allowance |
IR 51S Box S1.7; IR 52S Box S2.3
[Did you purchase any property(ies) during the basis period on which
industrial building or commercial building allowance is claimed?]
IR 51S Box S1.8; IR 52S Box S2.7
[Within the basis period did you accept any orders, sell any goods,
provide any services or accept any payment using the Internet?]
| Q16 |
Does "Internet" used here include "intranet"
and "e-mail"?
|
| |
|
| A16 |
Yes. However, "fax" is excluded.
|
| |
|
| Q17 |
If the acceptance of the orders through
Internet is only a minor part of the whole income-earning
process, should I tick "yes" or "no"?
|
| |
|
| A17 |
Irrespective of whether the acceptance of the
orders is a major or minor part of the whole income-earning
process, you should still tick "yes".
|
| |
|
| Q18 |
Should I treat the company as accepting
orders for goods or services using the Internet if an e-mail
address is used by customers to place orders?
|
| |
|
| A18 |
Yes. This item includes orders received by
using a form on a web site and e-mail etc.
|
| |
|
| Q19 |
What is meant by "accept payment using the Internet"
in Box S1.8 (Box S2.7)? |
| |
|
| A19 |
"Accept payment using the Internet" includes
e-banking and credit card payments through the Internet.
|
| |
|
| Q20 |
Should I answer "yes" if the company only
uses the Internet to deliver the goods or services to customers?
|
| |
|
| A20 |
You should tick "yes" where the company fulfils
orders by using the Internet. This includes delivery of goods
e.g. computer software and music CD using the Internet or
provision of Internet access and related services.
|
IR 51S Box S1.8.1; IR 52S Box S2.7.1
[State the web site you use to accept orders, sell goods, provide
services or accept payment]
| Q21 |
If the company only has a web site for advertising
purposes and promotion of business, do I need to put it down?
|
| |
|
| A21 |
No. |
| |
|
| Q22 |
If the company has several web sites to
accept orders, sell goods, provide services and accept payment,
should I put down all of them here?
|
| |
|
| A22 |
Yes. You should put down all the web sites
in the box.
|
IR 51S Box S1.8.2; IR 52S Box S2.7.2
[State the name of the company hosting the web site, if applicable]
| Q23 |
What is the meaning of the company hosting
the web site?
|
| |
|
| A23 |
This includes the Internet Service Provider
(ISP) which provides the place where the web site resides.
|
IR 51S Box S1.8.3; IR 52S Box S2.7.3
[State the name of the company providing payment gateway, if applicable]
| Q24 |
What is meant by payment gateway?
|
| |
|
| A24 |
This includes the company which provides the
means of on-line payments of the Internet transactions.
|
| Transactions For / With Non-residents |
IR 51S Boxes S2.1 to S2.5; IR 52S Boxes S3.1
to S3.5
[Pay or accrue sums/fees to non-resident persons]
| Q25 |
What does the term "non-resident
person" refer to? |
| |
|
| A25 |
The Inland Revenue Ordinance does not contains
any definition of "non-resident person" but the
Department has long accepted that the term refers to a person
who has no permanent business presence in Hong Kong. |
| |
|
| Q26 |
If a payment is made or accrued to a
BVI incorporated company whose directors are resident in Hong
Kong and its central management and control is in Hong Kong,
should the BVI incorporated company be regarded as a non-resident?
|
| |
|
| A26 |
A BVI incorporated company should not be
regarded as a non-resident if its directors are resident in
Hong Kong and its central management and control is in Hong
Kong. |
| |
|
| Q27 |
What does the term "fee(s)
in respect of professional services" in Boxes S2.4/S3.4
and S6.3/S7.3 include? |
| |
|
| A27 |
"Fee(s) in respect of professional
services" in these two boxes include management, consultancy
or service fees, etc. paid or accrued in respect of professional
services which may include scientific, literary, artistic,
educational or teaching activities as well as the independent
activities of physicians, lawyers, engineers, architects,
dentists, accountants, etc. |
| |
|
| Q28 |
How should the question in Box S2.4/S3.4
be answered if the services of the non-resident person were
rendered partly in Hong Kong and partly outside Hong Kong? |
| |
|
| A28 |
The question should be answered as "Yes".
Only if all services were rendered outside Hong Kong
should the question be answered as "No". |
| |
|
| Q29 |
What is meant by "a closely connected
person"? |
| |
|
| A29 |
"A closely connected person" is one
who is substantially identical to you or ultimately controlled
by the same interests as you are. |
| |
|
| Q30 |
I have carried on business with six closely
connected non-resident persons. One of them is an individual
living in the United States. The other three are corporations
incorporated in the British Virgin Islands but carrying on
their business in Germany and the remaining two are corporations
incorporated in Macao SAR and Australia. What information
should be provided in Box S2.5/S3.5? |
| |
|
| A30 |
You should tick "Yes" in Box S2.5/S3.5.
For IR 51S, you should also tick Boxes S2.5.1, S2.5.2 and
S2.5.5 and state Australia in the space provided in Box S2.5.5.
For I.R.52S, you should fill in "British Virgin Islands,
Macao SAR and Australia" in the space provided. |
IR 51S Box S6.1; IR 52S Box S7.1
[Offshore profits excluded from the Assessable Profits or Adjusted
Loss stated in Box 1 in BIR 51/52]
| Q31 |
What amount should I put in the box if
an offshore loss is sustained for the year? |
| |
|
| A31 |
You should insert "0" in the box if the
net amount of offshore income as reduced by all the related
expenses incurred in earning that income is nil or a negative
figure. |
IR 51 Box S6.2; IR 52S Box S7.2
[Offshore profits from business (already included in box S6.1/S7.1)
in respect of which the Internet was used to accept orders, sell
goods, provide services or accept payment]
| Q32 |
Should I put a negative figure here if an offshore loss
is sustained from business conducted by using the Internet?
|
| |
|
| A32 |
Just put "0" in the box.
|
| |
|
| Q33 |
What should I put here if offshore profits are generated
from business conducted by using the Internet whilst there
is an overall offshore loss? |
| |
|
| A33 |
You should still put the amount of offshore profits from
using the Internet in Box S6.2/S7.2 even though you have inserted
"0" for offshore profits in Box S6.1/S7.1. |
IR 51S Box S6.3; IR 52S Box S7.3
[Fees paid or accrued to non-resident persons in respect of professional
services rendered in Hong Kong]
| Q34 |
What amount should be put in the
box if the non-resident person has rendered services both
in and outside of Hong Kong? |
| |
|
| A34 |
The full amount paid or accrued should be
included. |
IR 51S Box S6.5; IR 52S Box S7.5
[Fees paid or accrued to closely connected non-resident persons]
| Q35 |
What does the term "fees" in
this box refer to? |
| |
|
| A35 |
Fees mean the total amount of fees,
including commission, management, consultancy or service fee
etc. |
| |
|
| Q36 |
If the fees are paid or accrued
in the normal course of commercial transactions, do I need
to state the amount in the box? |
| |
|
| A36 |
Yes. You should state all the fees paid
or accrued to closely connected persons, irrespective of whether
or not the amount was determined on an arm's length basis
and in the normal course of business. |
IR 51S Box S6.6; IR 52S Box S7.6
[Profits from sale of capital asset(s)]
| Q37 |
What should I put if a loss is sustained
from sale of capital assets?
|
| |
|
| A37 |
You should insert "0" in the box.
|
IR 51S Box S6.7; IR 52S Box S7.7
[Approved charitable donations claimed]
| Q38 |
What amount should be put in this box? |
| |
|
| A38 |
You should state the amount claimed
as deduction. For 2002/03 and prior years, deduction is limited
to 10% of assessable profits. The limit is increased to 25%
for 2003/04 and subsequent years. |
IR 51S Box S6.8 and IR 52 Box S7.8
[Net Interest income exempted from payment of Profits Tax]
IR 52S Box S7.12
[Mandatory contributions made for the proprietor or partners under
the Mandatory Provident Fund Schemes Ordinance claimed as a deduction]
| Q40 |
What amount should I put in the box?
|
| |
|
| A40 |
You should only put in the sum of mandatory contributions
made on behalf of the proprietor or partners which can be
claimed for deduction under the business's Profits Tax return.
Voluntary contributions, any amount exceeding the value which
can be claimed for deduction under Profits Tax and contributions
made for the proprietor's or partners' spouses and contributions
for employees should be excluded. |
IR 51S and IR 52S Box S8
[Financial Data]
| Q41 |
Some of the terms or items in Box S8 are accounting terms
and have no precise or uniform definition. How can I give
the exact figures? |
| |
|
| A41 |
The listed items are intended to refer to items
of an identical or similar nature, irrespective of the actual
accounting terminology which may have been used in the financial
statements. In case more than one entry in the financial statements
match the specified item in a particular box, you should fill
in the total of these entries.
|
IR 51S and IR 52S Box S8.1
[Turnover]
| Q42 |
What is the meaning of turnover? Is it
the same as "sales"? |
| |
|
| A42 |
According to the Hong Kong Accounting Standard
1 (HKAS 1), "turnover" should consist of revenue arising from
the principal activities of the entity and therefore should
not usually include those items of revenue and gains that arise
incidentally. |
IR 51S and IR 52S Box S8.2
[Opening inventories]
| Q43 |
What figure should be entered if the company
is a manufacturer and has several kinds of opening stock such
as "raw materials", "work-in-progress" and "finished goods"
etc.?
|
| |
|
| A43 |
| i) |
This refers to the total of all
kinds of opening stock disclosed in the detailed Profit
and Loss A/C. Thus, a company having more than one kind
of opening stock should add them up and insert the total
sum in the box.
|
|
| |
| ii) |
The same treatment should be adopted for closing inventories
[i.e. Box S8.4]. |
|
IR 51S and IR 52S Box S8.3
[Purchases]
| Q44 |
What is the meaning of purchases? What figure
should I put in if the company is in the manufacturing business?
|
| |
|
| A44 |
| i) |
This refers to the total of all purchases of
stock. |
|
| |
| ii) |
Simply extract the figure for "purchases"
from the Profit and Loss A/C, irrespective of whether
direct costs, direct expenses or overheads have been
included under "purchases" in the accounts.
|
|
| |
|
| Q45 |
If the company is only engaged in the provision
of services and is not engaged in trading, what figure should
I put in?
|
| |
|
| A45 |
In cases where companies are not engaged in
the trading of goods or commodities [e.g. companies having
rental income, interest income and/or dividend income as their
only business receipts] and there are no purchases of trading
stock, insert "0" in the box.
|
IR 51S and IR 52S Boxes S8.5 and S8.6
[Gross profit and Gross loss]
| Q46 |
If the company is not engaged in the
trading of commodities, how should I complete this part?
|
| |
|
| A46 |
In some cases where companies are not engaged
in the trading of goods or commodities [e.g. companies having
rental income, interest income and/or dividend income as their
only business receipts], the Profit and Loss A/C may not have
any figure for "Gross profit/Gross loss". In such cases, insert
"0" in the box. |
IR 51S and IR 52S Box S8.7
[Interest income]
| Q47 |
What happens if the company has more
than one type of interest income? Which figure should I fill
in? |
| |
|
| A47 |
If there is more than one entry in the A/Cs
for interest income [e.g. bank interest, inter-company interest
income, loan interest received etc.], add up all items of an
identical or similar nature and insert the total in the box.
|
| |
|
| Q48 |
The company has a small amount of interest
income which has been included under other entries in the
Profit and Loss A/C for the sake of simplicity. Is it necessary
to find out the amount for interest income so included and
enter it in this box? |
| |
|
| A48 |
In case the interest income has been included
under other entries [e.g. as part of the sales proceeds] in
the Profit and Loss A/C, you need not separate them from those
entries. |
IR 51S and IR 52S
Box S8.8
[Interest expense]
| Q49 |
X Limited carries on business as a plastics
manufacturer. In order to obtain additional working capital,
X Limited borrows from a local bank Bank Y. This borrowing
is secured by a mortgage over the factory premises owned by
X Limited. Besides, X Limited purchased a machine from Company
Z (unrelated to X Limited) under hire purchase. During the
basis period, X Limited paid interest in the amount of $150,000
and $20,000 to Bank Y and Company Z respectively. If X Limited
claims deduction for interest paid or payable to Bank Y and
Company Z, what information should be provided? |
| |
|
| A49 |
X Limited should provide the following information:
|
| |
| |
Loan 1 |
Loan 2 |
| Interest paid and payable |
$150,000 |
$20,000 |
| Name & address of lender |
Bank Y, address
of Bank Y |
Company Z, address
of Company Z |
| Relationship |
No |
No |
Purpose for the loan
|
Working capital
|
Purchase of machine
|
| Security Given |
Address of factory
premises |
Machine
|
| Specific condition under section 16(2)
of the IRO relied on |
section 16(2)(d)
|
section 16(2)(e) |
|
| |
For further details relating to the specific
conditions under section 16(2) of the IRO, please refer to the
Departmental
Interpretation & Practice Notes No. 13A. |
|
|
| Q50 |
What figure should be entered if the
company has more than one entry in the A/Cs for interest expense?
|
| |
|
| A50 |
If there is more than one entry in the A/Cs
for interest expense [e.g. bank interest, hire-purchase interest,
inter-company interest, mortgage loan interest, Trust Receipt
interest etc.], add up all items of an identical or similar
nature and insert the total in the box. |
|
|
| Q51 |
Are bank charges treated as interest
expenses? Do I need to insert the figure in this box?
|
| |
|
| A51 |
Bank charges are usually in the nature of
handling charges for making available loan facilities and
are therefore not interest. They are not to
be included here. |
IR 51S and IR 52S Box S8.9
[Employee and / or Director remuneration / Employee remuneration]
| Q52 |
What should be included here?
|
| |
|
| A52 |
| i) |
The "employee" referred
to here includes all employees whose remuneration has
been charged in the Profit and Loss A/C of the company,
irrespective of whether the employees perform their
duties in Hong Kong or elsewhere. Remuneration paid
by you as employer to overseas employees or staff working
in the Mainland should also be included. "Employee"
also includes a director of a corporation. However,
"employee" does not include a proprietor or
partners or their spouses of an unincorporated business.
|
|
| |
| ii) |
It is the sum of all salaries, bonuses, wages, cash
allowances etc. paid to employees and includes director's
fees. |
|
| |
|
| Q53 |
If the company provides some fringe benefit
to its employees, do I have to include such amount in this
box?
|
| |
|
| A53 |
Fringe benefits such as quarter expenses, reimbursement
of travelling expenses, share options granted, passages, medical
expenses etc. need not be added unless these have already
been grouped under "employee remuneration" in the Profit and
Loss A/C of the company.
|
IR 51S and IR 52S Box S8.10
[Commission payments]
| Q54 |
What figure should I insert if a small
amount of commission payments has been merged with other expense
items in the accounts? |
| |
|
| A54 |
If such expenses have been included under other
entries in the Profit and Loss A/C [e.g. commission payments
to estate agents having been included as part of the purchase
cost of landed properties, commission payments to employees
having been included under employee remuneration etc.],
it can be excluded here. |
IR 51S and IR 52S Box S8.12
[Management and / or Consultancy fee payments]
| Q55 |
What does the term "management or consultancy fee
payments" mean? |
| |
|
| A55 |
This term refers to payments for management, administrative
or professional services, whether to third parties and / or
related parties. Professional services may include property
or asset valuation, technical and /or feasibility studies,
consultancy, etc. Such payments, however, should exclude building
management fees, accountancy fees, audit fees and legal fees,
which in normal circumstances are seldom included under "management
or consultancy fees". |
| |
|
| Q56 |
Should building management fees be included
here?
|
| |
|
| A56 |
Building management fees paid are NOT to be
included.
|
| |
|
| Q57 |
If this expense is not substantial and has
been lumped together with other items in the Profit and Loss
A/C, do I need to include it here?
|
| |
|
| A57 |
If minor items falling within this category
have been included in other items in the Profit and Loss A/C
[e.g. small amount of consultancy fee may have been included
under "sundries" or "miscellaneous expenses"], such items
can be ignored.
|
IR 51S Box S8.13; IR 52S Box S8.14
[Bad debts]
| Q58 |
Does this include provision for bad debts?
|
| |
|
| A58 |
Bad debts can usually be found in the Profit and Loss A/C
if they have been charged in the accounts. It includes provision
for bad debts [whether specific or general provision] charged
in the A/Cs, irrespective of whether or not the sums concerned
have been claimed as a "deduction" for Profits Tax purposes.
|
IR 51S Boxes S8.14 and S8.15; IR 52S Boxes
S8.15 and S8.16
[Net profit per account and Net loss per account]
| Q59 |
Does this refer to the figure before tax
or after tax?
|
| |
|
| A59 |
This item can be found in the Profit and Loss
A/C. It is the net profit or net loss figure BEFORE tax and
BEFORE extraordinary or exceptional items.
|
IR 51S Box S8.16; IR 52S Box S8.17
[Accounts receivable (trade)]
| Q60 |
Does this refer only to trade receivable? Does this include
bills receivable?
|
| |
|
| A60 |
| i) |
It is intended to refer to trade receivable. This
figure can usually be found in the Balance Sheet.
|
| ii) |
In the event that such "trade receivable"
was grouped together with other non-trade receivable
[e.g. inter-company loans] and shown under headings
like "accounts receivable", "debts due
from other companies" etc., simply transcribe the
Balance Sheet figure into the box. It is however advisable
to segregate trade and non-trade receivables in your
future Balance Sheets.
|
| iii) |
This term also includes bills receivable.
|
|
IR 51S Box S8.17; IR 52S Box S8.18
[Accounts payable (trade)]
| Q61 |
Does this refer only to trade payable? Does this include bills payable?
|
| |
|
| A61 |
| i) |
It is intended to refer to trade payable. This figure
can usually be found in the Balance Sheet.
|
| ii) |
In the event that such "trade payable"
was grouped together with other non-trade payable
[e.g. inter-company loans] and shown under headings
like "accounts payable", "debts due to
other companies" etc., simply transcribe the Balance
Sheet figure into the box. It is however advisable to
segregate trade and non-trade payables in your future
Balance Sheets.
|
| iii) |
This term also includes bills payable.
|
|
IR 51S Box S8.18
[Issued share capital]
| Q62 |
Does this refer to the share capital issued
during the basis period?
|
| |
|
| A62 |
| i) |
No. This refers to all issued share capital
of a limited company [whether fully paid or partly paid]
as at the Balance Sheet date.
|
| ii) |
In case where a company is a branch of
a foreign company, the branch A/C will not usually have
any item for share capital. In such cases, insert "0"
in the box.
|
|
Personal Particulars
of Proprietor or Partner and Allocation of Profits/(Loss) |
IR 52S Boxes S1.1 and S1.2
[Personal Particulars of Proprietor or Partner and
Allocation of Profits (Loss)]
| Q63 |
If all partners do not elect Personal
Assessment and agree the partnership profits to be assessed
under Profits Tax, are we still required to complete Boxes
S1.1 and S1.2? |
| |
|
| A63 |
Yes. Particulars of the partners, change
of partners during the year and allocation of assessable profits/(loss)
among partners are still required to be inserted in Boxes
S1.1 and S1.2. These details will be useful in calculating
the tax liability of an individual partner when loss set-off
arises or change occurs in Personal Assessment election by
any partner. |
| |
|
| Q64 |
Should I leave columns "Date entered"
and "Date left" in Box S1.1 blank if no partner has entered
or left the partnership during the relevant basis period?
|
| |
|
| A64 |
Yes. These 'Date' fields should be left
blank. For any change of partners after the basis period,
you should notify Business Registration Office separately
by form IRBR64 or by letter. |
| |
|
| Q65 |
If the number of partners is more than
four, how should I fill in the details of other partners?
|
| |
|
| A65 |
Provide the details on a separate sheet
of paper if the space is insufficient. |
| |
|
| Q66 |
How should the allocation of profit or
loss among partners be made? |
| |
|
| A66 |
A detailed example can be found on page 4 of
the Pro Forma
Profits Tax Computation (Form IR 957) which is a step
by step guide for making the allocation of profit or loss among
partners. |
| |
|
| Q67 |
Should I, as a partner of a partnership
business, make an election for Personal Assessment in my own
Tax Return - Individuals (Form BIR 60) even if I have stated
my intention of election for Personal Assessment in Box S1.2?
|
| |
|
| A67 |
Yes. You should make an election for Personal
Assessment in your own Tax Return - Individuals (Form BIR
60). If the proprietor or partner who is required to complete
a BIR 60 does not make a valid election in the BIR 60, the
election in Box S1.2 will be ignored and profits tax demand
note may be issued if it is a profit case. |
| |
|
| Q68 |
If the partnership has made an adjusted
loss for the year, should I put a negative sign in the last
column of Box S1.2? |
| |
|
| A68 |
No. Negative signs or brackets are not required
in Box S1.2, but the total should match the adjusted loss
reported in Box 1.2 of BIR 52. |
| |
|
| Q69 |
If one partner has a share of profit
and the other has a share of loss, should a negative sign
be put before the shared loss in the last column of Box S1.2?
|
| |
|
| A69 |
As explained on page 4 of the Pro Forma
Profits Tax Computation (Form IR 957), each partner
should have a share of profit if the business has overall
assessable profits. Similarly, each partner should have a
share of loss if the business has overall adjusted loss. It
is not possible that one partner has a share of profit and
the other has a share of loss. Your allocation should be wrong.
You are advised to study the example on page 4 of the Form
IR957 and re-compute the allocation. |
[Employer's contributions]
| Q70 |
Can a business claim deduction for the employer's
contributions to a MPF scheme?
|
| |
|
| A70 |
Yes, deductions similar to those for contributions
to recognized occupational retirement schemes are available
under Profits Tax.
|
| |
|
| Q71 |
Is there any limit of deduction for MPF
contributions made by a person as an employer?
|
| |
|
| A71 |
Regular contributions (whether mandatory or
voluntary) made to a MPF scheme by a person as an employer
are allowable for deduction, but the deduction is limited
to 15% of the total emoluments of the employee for the period
to which the payments relate. Contributions other than regular
contributions to a MPF scheme are allowable at an even rate
over five years commencing in the year of payment.
|
| |
|
| Q72 |
What is the Profits Tax implication if an
employer chooses to wind up the ORSO scheme and start a new
MPF scheme?
|
| |
|
| A72 |
Employer contributions to an ORSO scheme that
are repaid to the employer upon the winding up of the scheme
are taxable to the employer. Any excess recoupment (being
investment income of the ORSO scheme) is not taxable in the
hands of the employer.
|
[Proprietor's or partners' contributions as
a self employed person]
| Q73 |
Can a business claim deduction for specific
provisions made for its proprietor's or partners' mandatory
contributions made to MPF Schemes (under Mandatory Provident
Fund Schemes Ordinance)? |
| |
|
| A73 |
No. Unlike contributions in respect of employees, claims
for deduction for partner's own contributions can only be
made for sums which has been paid. Provisions charged to account
are not deductible.
|
| |
|
| Q74 |
Can a business claim deduction for mandatory contributions
made to MPF Schemes exceeding $12,000 per partner per year?
|
| |
|
| A74 |
No. Mandatory contributions in excess of $12,000 per partner
per year cannot be claimed.
|
| |
|
| Q75 |
Can deductions be claimed by the proprietor
or partners in respect of mandatory contributions under the
Mandatory Provident Fund Schemes Ordinance if the amounts have
not been charged in the Profits and Loss Account of the business? |
|
|
| A75 |
Yes, such amounts can be claimed in the tax computations. |
| |
|
| Q76 |
One of the partners has a separate employment, and mandatory
contributions have been made by him both in the capacity of
a self-employed person and an employee. How should tax deduction
be claimed under profits tax?
|
| |
|
| A76 |
In arriving at the deductible amount, sums already deducted
in the partner's salaries tax assessment, and profits tax
assessments of his other businesses have to be taken into
account. In other words, the aggregate amount to be deducted
should not exceed $12,000 in a year.
|
Click here
for further information.
|