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Tax Information : Individuals : Salaries Tax - What you need to know as an Employee
 
Salaries Tax - What you need to know as an Employee
What are my tax obligations
Is my income chargeable or exempt from Salaries Tax
Director
Employee
Hong Kong resident working across the Mainland Border
People coming to work in Hong Kong
Which tax return is for reporting my income and how to report
How Salaries Tax is computed
Are husband and wife assessed separately or jointly
Which income is assessable
Which income is not chargeable
What deductions and allowances can I claim
How to retain supporting documents to substantiate my deduction claim
What should I do if I disagree with the tax assessment or wish to apply for hold over of the provisional tax
Related Information and Pamphlets

What are my tax obligations


  You are chargeable to Salaries Tax on your income arising in or derived from Hong Kong from an office or employment or any pension. You need to:
(a) Complete and submit your Tax Return - Individuals (BIR60) to report your income;
(b) Notify liability to tax (see Notification of Chargeability for time limit and other details) unless you have already received the tax return from us;
(c) Notify departure from Hong Kong 1 month prior to departure;
(d) Notify change of address within 1 month of change; and
(e) Pay the tax.
Note: (1) If you work for yourself and are not employed as an employee, you are considered as a Self-Employed and are chargeable to Profits Tax on your income.
  (2) If you receive a tax return from us, you must complete and submit it in time even if you do not have any income chargeable to Salaries Tax.

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Is my income chargeable or exempt from Salaries Tax


See
  • Application for Full/Partial Exemption of Income under Salaries Tax
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    Which tax return is for reporting my income and how to report


    You should report all your income from office, employment and pension in Part 4 of your Tax Return - Individuals (B.I.R. 60). How to report, please see Completion and Filing of Tax Return - Individuals (B.I.R. 60).

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    How Salaries Tax is computed


    1. Salaries Tax is chargeable on the smaller of your net chargeable income at progressive rates and your net income at standard rate for each year of assessment.

    • Net Chargeable Income = Total Income - Deductions - Allowances
    • Net Income = Total Income - Deductions

    2. A year of assessment runs from 1 April to 31 March of the following year.

    3. Provisional Salaries Tax for a year is usually based on the income less the allowances of the preceding year.

    4. You may use our Tax Computation Program to calculate your own Salaries Tax liability.

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    Are husband and wife assessed separately or jointly


    Husband and wife are treated as separate individuals and they are assessed separately under Salaries Tax.

    If the earnings of one spouse are less than his/her tax allowance, the husband and wife would be advantageous to elect for joint assessment. Their income and allowances will be aggregated, and married person's allowance will be deducted from joint total income. Obviously, this will result in some savings in tax for the couple.

    Hence, where it appears that a joint tax bill may be smaller than your two tax bills added together, you and your spouse should make an election for joint assessment in your tax returns (in Part 4.4 of B.I.R. 60 and Part 9 must be signed by both you and your spouse). If joint assessment does not result in less tax, the Assessor will issue separate tax bills instead. Please note that there is a time limit for election/withdrawal. Once you withdraw your election, re-election for the same year of assessment will not be entertained.

    If your spouse does not have any income chargeable to Salaries Tax, you will be entitled to claim Married Person's Allowance and there is no need for you and your spouse to elect joint assessment.

    For further information, see



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    Which income is assessable

    1. Assessable income includes:

    (a) Salaries / wages, director's fees

    These should be the gross amount before deducting the employee's contributions to a recognized occupational retirement scheme or a mandatory provident fund scheme.


    (b) Commission (include "Dim Yung"), bonus, leave pay, end-of-contract gratuities

    Generally speaking, with the exception of a handful of exempt items (e.g. payments in lieu of notice of termination of employment, compensation for injuries, payments specically exempted under the Inland Revenue Ordinance), almost all payments made by the employer to the employee are taxable, regardless of whether the amount was paid according to or in excess of the terms of employment, and whether the amount was paid pre-commencement, post-cessation or during the course of employment.


    (c) Allowances, perquisites or fringe benefits

    These include cash allowances, liability of employee discharged by employer, convertible benefits, education benefits, holiday journey benefits. For further information, see



    (d) Tips from any person

    For example, tips paid by the customers to the waiters of a restaurant, tour guide tips.


    (e) Salary tax paid by employer

    (f) Value of a place of residence

    This value is normally computed as 10% of your income from the employer after deduction of outgoings and expenses (but not self-education expenses). For further information, see



    (g) Share options and share awards

    See



    (h) Back pay, contract gratuities, deferred pay and arrears of pay (including relate back)

    (i) Termination payments and retirement benefits

    See



    (j) Pensions


    2. Also see

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    Which income is not chargeable


    You are not required to report the following income in your tax return:


    1. Payment in lieu of notice

    2. Jury fees

    3. Severance payments and long service payments

    Severance Payments / Long Service Payments that are required to be paid under the Employment Ordinance are not assessable to Salaries Tax. If you have been paid gratuities or retirement benefits, the severance payment / long service payment to be paid under the Employment Ordinance is to be reduced by the aforesaid amounts. You should only exclude the reduced amount. Exemption will not be extended to that part of the gratuities and retirement benefits used to offset the severance payment / long service payment. The whole amount of gratuities and retirement benefits should be reported in the usual manner. For details, see About Termination Payments.


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    What deductions and allowances can I claim


    You may claim the following deductions and allowances:

    1. Outgoings and expenses, other than expenses of a domestic or private nature and capital expenditure, wholly, exclusively and necessarily incurred in the production of the assessable income. For further information, see

    2. Depreciation and other capital allowances in respect of plant and machinery the use of which is essential to the production of the assessable income.

    3. Approved charitable donation made during the year.

    4. Loss brought forward from previous years of assessment.

    5. Expenses of Self-education paid during the year.

    6. Elderly Residential Care Expenses paid during the year.

    7. Home Loan Interest paid during the year.

    8. Contributions to Mandatory Provident Fund Scheme or Recognized Occuptional Retirement Scheme.

    9. Basic Allowance and Other Allowances , provided the prescribed conditions are satisfied.

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    How to retain supporting documents to substantiate my deduction claim


    Do not attach any documentary evidence to your Tax Return - Individuals (B.I.R. 60). To substantiate your deduction claim and for ascertainment of the proper amount deductible, you have to retain relevant documentary evidence for 7 years. Upon request, you have to present them to the Assessor for inspection.

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    What should I do if I disagree with the tax assessment or wish to apply for hold over of provisional tax


    See

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    Related Information and Pamphlets


    See


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    2003 | Important notices Last update date: 2 May 2008