In September 2014, Hong Kong indicated its support for implementing automatic exchange of financial account information (AEOI) on a reciprocal basis with appropriate partners with a view to commencing the first exchanges by the end of 2018, on condition that we could put in place necessary domestic legislation by 2017.
The Government introduced an amendment bill in January 2016, which was passed by the Legislative Council (LegCo) on 22 June 2016. The Inland Revenue (Amendment) (No. 3) Ordinance 2016, which commenced operation on 30 June 2016, put in place a legislative framework for Hong Kong to implement AEOI.
Hong Kong conducts AEOI on a reciprocal basis with partners with which Hong Kong has signed a comprehensive avoidance of double taxation agreement (CDTA) or tax information exchange agreement (TIEA). The bilateral CDTAs or TIEAs signed provide the legal basis for AEOI. In addition, Hong Kong and the relevant CDTA/TIEA partners will have to sign a competent authority agreement (CAA), which sets out the modalities of transfer of information collected pursuant to the AEOI standard.
Under the AEOI standard, financial institutions are required to identify financial accounts held by tax residents of reportable jurisdictions in accordance with due diligence procedures. Required information of these accounts has to be collected and furnished to the Department. Such information will be exchanged on an annual basis.
“Tax residents of reportable jurisdictions” refer to those who are liable to tax by reason of residence in the jurisdictions. In general, whether or not an individual is a tax resident of a jurisdiction is determined by having regard to the person’s physical presence or stay in a place (e.g. whether over 183 days within a tax year) or, in the case of a company, the place of incorporation or the place where the central management and control of the entity is exercised.
Account holders may be requested to provide self-certifications on their personal information including tax residence, so as to enable financial institutions to identify the reportable accounts. In its Automatic Exchange Portal, the Organisation for Economic Cooperation and Development has provided information on the tax residency rules applicable in jurisdictions that are committed to automatically exchanging information. You may access the information via the following link:
For more information, please click below links:
If you have any question regarding AEOI, you may send your enquiry to the following e-mail address: