FAQ : Tax Deduction for Environment-friendly Vehicles

	Commencement year of the tax deduction for Environment-friendly Vehicles
	The eligible categories and models of Environment-friendly Vehicles
	Eligible Environment-friendly Vehicles purchased before commencement of the tax deduction on 18 June 2010
	"Second-hand" Environment-friendly Vehicles
	Environment-friendly Vehicles under hire-purchase arrangements
	Tax deduction for Environment-friendly Vehicles
	Keeping of Environment-friendly Vehicles after cessation of business
	Depreciation allowance

Commencement year of the tax deduction for Environment-friendly Vehicles

Q1	Starting from which year of assessment will tax deduction be given for Environment-friendly Vehicles?
A1	As from the year of assessment 2010/11, taxpayers may claim deduction under profits tax in respect of the specified capital expenditure incurred on Environment-friendly Vehicles.

The eligible categories and models of Environment-friendly Vehicles

Q2	What types of Environment-friendly Vehicles are eligible for the tax deduction?
A2	Part 3 of Schedule 17 of the Inland Revenue Ordinance sets out the eligible Environment-friendly Vehicles which cover the following three categories: (a) the eligible vehicles under the "Tax Incentives Scheme for Environment-friendly Commercial Vehicles" and the "Tax Incentives Scheme for Environment-friendly Petrol Private Cars" administered by the Environmental Protection Department (EPD); (b) hybrid electric vehicles; and (c) electric vehicles. The specified Environment-friendly Vehicles do not include any vehicle in which any person holds rights as a lessee under a lease.

Q3	What vehicle models are eligible "Environment-friendly Commercial Vehicles" and "Environment-friendly Petrol Private Cars" under the "Tax Incentives Scheme for Environment-friendly Commercial Vehicles" and "Tax Incentives Scheme for Environment-friendly Petrol Private Cars" administered by EPD?
A3	EPD will promulgate on its homepage the vehicle models which are "Environment-friendly Commercial Vehicles" and "Environment-friendly Petrol Private Cars" eligible for tax concession and will update the information from time to time. Taxpayers may seek verification from EPD if they have doubts about the eligibility of their vehicles for the new tax deduction.

Q4	What supporting documents should be provided by a taxpayer in proving the eligible Environment-friendly Vehicle concerned?
A4	EPD will issue certificates for Environment-friendly Vehicles under the "Tax Incentives Scheme for Environment-friendly Commercial Vehicles" and "Tax Incentives Scheme for Environment-friendly Petrol Private Cars". When purchasing "Environment-friendly Commercial Vehicles" or "Environment-friendly Petrol Private Cars", taxpayers should obtain a copy of the certificate from the vehicle supplier for tax filing purposes. Hybrid electric vehicles and electric vehicles are both eligible for tax deduction and no verification from EPD is required. Taxpayers claiming for deductions should specify the respective categories of their Environment-friendly Vehicles.

Eligible Environment-friendly Vehicles purchased before commencement of the tax deduction on 18 June 2010

Q5	Is the tax deduction limited to newly acquired specified Environment-friendly Vehicles?
A5	The commencement date for the purposes of section 16I of the Inland Revenue Ordinance in relation to Environment-friendly Vehicles is 18 June 2010. The tax deduction is not limited to Environment-friendly Vehicles purchased on or after 18 June 2010. Eligible Environment-friendly Vehicles already in use by a business before 18 June 2010 are also eligible for the deduction. The reducing value of the eligible vehicles under the depreciation allowance regime will be treated as specified capital expenditure for which deduction will be given accordingly.

Q6	How can a taxpayer elect for the new tax deduction on the existing Environment-friendly Vehicles that he has owned before 18 June 2010?
A6	According to section 16K of the Inland Revenue Ordinance, a taxpayer shall make an election in writing and lodge it within one month after the date of the relevant notice of assessment. If the taxpayer makes such an election in his/her Tax Return, the Department would consider it when raising the assessment.

"Second-hand" Environment-friendly Vehicles

Q7	Does the purchase of a "second-hand" environment-friendly vehicle qualify for the tax deduction?
A7	Yes, buyers of second-hand vehicles are entitled to the tax deduction as long as the vehicle is an eligible Environment-friendly Vehicle at the time of purchase.

Environment-friendly Vehicles under hire-purchase arrangements

Q8	Does the tax deduction apply to those eligible Environment-friendly Vehicles acquired under "hire-purchase" arrangements?
A8	No, vehicles acquired under "hire-purchase" arrangements are not eligible for the tax deduction. Taxpayers acquiring the eligible Environment-friendly Vehicles under hire-purchase arrangements are still entitled to the usual depreciation allowances.

Tax deduction for Environment-friendly Vehicles

Q9	How the tax deduction is allowed for the eligible Environment-friendly Vehicles?
A9	For eligible Environment-friendly Vehicles, full deduction of cost will be allowed in the year of purchase. This is the same as the full deduction of capital expenditure presently allowed for "prescribed fixed assets" (which are mainly manufacturing and computer equipments) and "environmental protection machinery".

Q10	What are the differences in the tax treatment of specified Environment-friendly Vehicles before and after the commencement of the Inland Revenue (Amendment) (No. 3) Ordinance 2010 on 18 June 2010?
A10	Under the depreciation allowance regime, taxpayers purchasing a motor vehicle are entitled to a total of 72% of the capital expenditure as deduction of depreciation allowance in the first year of its purchase. Starting from the second year onwards, taxpayers will be granted annual allowances at the rate of 30% of the reducing value for that vehicle. Under the new tax deduction, the tax deduction provided to a taxpayer in the first year of purchase of an eligible Environment-friendly Vehicle will be increased from 72% to 100% of the capital expenditure. Thus, the deduction of cost is accelerated.

Q11	Does the tax deduction apply to an eligible Environment-friendly Vehicle which is not wholly used for business?
A11	Where an eligible Environment-friendly Vehicle is only used partly in the production of chargeable profits, the tax deduction shall be adjusted proportionately to the extent to which the vehicle is used in the production of chargeable profits.

Keeping of Environment-friendly Vehicles after cessation of business

Q12	Is it necessary to make tax adjustments if a business, on cessation of operation, retains an Environment-friendly Vehicle for private or non-commercial purposes?
A12	If a taxpayer ceases its operation, whether permanently or temporarily, the vehicle concerned should be taken as being sold immediately before the cessation of operation and the taxpayer shall be chargeable to tax as if it had received the sale proceeds. If the Environment-friendly Vehicle is sold, destroyed or stolen within 12 months from the date of cessation of operation, the taxpayer may apply for an adjustment to the sale proceeds so as to reflect the actual sales income, insurance moneys and other compensation.

Depreciation allowance

Q13	Can a taxpayer choose to claim depreciation allowance (initial allowance at 60% of the capital expenditure and annual allowance at 30% of the reducing value of the assets concerned) instead of the 100% deduction in respect of a newly acquired Environment-friendly Vehicle in the first year of purchase?
A13	Yes, a taxpayer can choose to claim depreciation allowance in respect of a newly acquired Environment-friendly Vehicle. In such a case, the 100% deduction will not be allowed for the same Environment-friendly Vehicle in the first year of purchase.