 |
Tax Information :
Status of Tax Cases
Status of Tax Cases as at 31 May 2008
| ( Note : |
Headnotes of judgements not available in respect of "cases not yet finalized") |
Cases Finalized Pending Publication
or Cases Not Yet Finalized :-
Relating to Inland Revenue Ordinance
Cases finalized, pending publication :-
| Taxpayer's Name |
Issues under Appeal |
Court |
Current Position |
Macquarie Securities
Ltd
[Formerly known as ING Baring Securities (HK) Ltd ]
[ FACV
19/2006] |
Source of brokerage
commission and marketing income.
[Previous CFI Case No.: HCIA
1/2003]
|
CFA |
Judgment issued by CFA on 5 October 2007. Taxpayer's appeal
was allowed.
For details of the headnote, please click here.
|
|
Whether expenses
paid to a related company should be tax deductible.
[Previous CFI Case No.: HCIA
8/2004]
|
CFA |
Judgment issued by CFA on 4 December 2007. Commissioner's
appeal was allowed.
For details of the headnote, please click here.
|
|
Deductibility
of interest payable on floating rate notes issued by HIT Finance
Ltd and interest payable by HK Int'l Terminals Ltd to HIT
Finance Ltd.
[Direct appeal to CA Previous CA Case No.:14/2005 & 15/2005
] |
CFA |
Judgment issued by CFA on 4 December 2007. Commissioner's
appeal was allowed.
For details of the headnote, please click here.
|
|
Whether profit
on disposal of landed property should be assessed to tax.
[Previous CFI Case No.: HCIA
8/2005]
|
CFA |
Judgment issued
by CFA on 7 January 2008. Taxpayer's appeal was dismissed.
For details of the headnote, please click
here. |
|
Whether loss
from securities and share transactions should be deducted
under Personal Assessment.
[Previous CFI Case No.: HCIA
11/2005]
|
CFA |
Judgment issued
by CFA on 31 January 2008. Taxpayers' appeal was dismissed.
|
|
Whether profit
on disposal of landed properties should be assessed to tax.
[Previous CFI Case No.: HCIA
4, 5, 6 & 7/2005]
|
CFA |
Judgment issued by CFA on 16 April 2008. Taxpayers' appeals
were dismissed.
For details of the headnote, please click here.
|
Tong S.L., Franco
[HCIA
2/2006] |
Deduction for bad debts incurred. |
CA |
Taxpayer's appeal to CA was dismissed by way of consent.
For details of the headnote, please click here.
|
|
Amortisation
of permanent textile quota - whether deductible. |
CFI |
Judgment issued by CFI on 7 March 2008. Taxpayer's appeal
was dismissed.
For details of the headnote, please click here.
|
Cases not yet finalized :-
| Taxpayer's Name |
Issues under Appeal |
Court |
Current Position |
|
Source of
brokerage commission and interest income.
[Previous CFI Case No.: HCAL
118/2004] |
CA |
Commissioner's
application for judicial review against the Board's refusal
to state a case was allowed by CFI and CA. The Taxpayer has
appealed to CFA. |
|
Whether share
option gains derived by the Taxpayer should be assessed to
tax. |
CFI |
Judgment issued
by CFI on 28 April 2006. Commissioner's appeal was allowed. |
Tsai G. W.
[CACV 7/2008 ] |
Whether gratuity,
severance pay or long service payment.
Previous CFI Case No.:HCIA
1/2007] |
CA |
Judgment issued
by CFI on 5 November 2007. Commissioner's appeal was dismissed.
Commissioner's appeal to CA scheduled to be heard in September
2008. |
Ngai Lik Electronics
Co Ltd
[CACV 22/2008] |
Section 61A of the IRO and source of profits
[Previous CFI Case No. : HCIA
5/2007]
|
CA |
Taxpayer's
appeal was dismissed by CFI on 11 December 2007. Taxpayer's
appeal to CA scheduled to be heard in October 2008. |
Shui On Credit
Co Ltd
[CACV 85/2008 ] |
Whether debt
defeasance scheme caught under Section 61A of the IRO.
[Previous CFI Case No. : HCIA
2/2007] |
CA |
Judgment issued
by CFI on 5 March 2008. Taxpayer's appeal was dismissed. Taxpayer's
appeal to CA scheduled to be heard in December 2008. |
|
Whether part
of the Taxpayer's profits should be treated as offshore profits. |
CFI |
Commissioner's
appeal and Taxpayer's cross-appeal heard on 16 - 17 April
2008. Pending judgment. |
|
Penalty for
omission of income. |
CFI |
Taxpayer's
appeal scheduled to be heard in June 2008. |
Fuchs, W. A.
H.
[HCIA 1/2008] |
Lump sum received
upon termination of employment - whether assessable. |
CFI |
Taxpayer's
appeal was heard on 29 May 2008. Pending judgment. |
Cases Finalized Pending Publication
or Cases Not Yet Finalized :-
Relating to Estate Duty Ordinance
Cases finalized, pending publication :-
| Taxpayer's Name |
Issues under Appeal |
Court |
Current Position |
- |
- |
- |
-
|
Cases not yet finalized :-
| Taxpayer's Name |
Issues under Appeal |
Court |
Current Position |
|
Whether
the legal charge attached to the matrimonial home shall be
deducted from the net principal value of the deceased's dutiable
estate |
Court of First
Instance |
The Judgement
was issued on 14 February 2006. Taxpayer's appeal was allowed.
Commissioner has lodged an appeal to CA. Date of hearing not
yet fixed. |
|
Whether
a cheque banked on Saturday and cleared on the following Monday,
formed part of the estate of the drawer of the cheque who
passed away on the Sunday in between; and whether the consideration
payable by the deceased for the purchase of a mainland property
from a mainland joint venture involving a mainland party and
a Hong Kong party, through a HK agent was deductible from
the value of her estate. |
Court of First
Instance |
Judgement by
CFI was issued on 8 April 2008. Taxpayer's appeal was dismissed. |
KAO
K.
KAO D.
KAO K.
and others
[HCED 1/2004]
[HCED 2/2004]
[HCED 4/2004] |
(a)
|
Whether
payments from the deceased to her children out of the proceeds
of sale of her Taiwan property amounted to gifts inter vivos; |
Court
of First Instance |
Date
of hearing not yet fixed |
| (b) |
Whether
the gifts, if established, fell within the normal expenditure
exemption; and |
| (c) |
Whether
some payments made by the two children of the deceased, allegedly
for settling the deceased's living expenses, were deductible
from the gifts received from the deceased. |
CHAN CHEUNG
S.C.
[HCMP 1635/2004] |
Whether
sums allegedly being rental income collected by the deceased
on behalf of the appellant & others, and sums allegedly
being reimbursement of the various expenditures incurred for
the deceased, were deductible from the cash gifts received
from the deceased. |
Court of First
Instance |
Date of hearing
not yet fixed. |
|
Whether
only half of the amount due to the deceased from a family
company and half share of the joint property are subject to
duty. |
Court of First
Instance |
The appeal
was heard on 4 June 2008 and has been dismissed. |
Cases Finalized Pending Publication
or Cases Not Yet Finalized :-
Relating to Stamp Duty Ordinance
Cases finalized, pending publication :-
| Taxpayer's Name |
Issues under Appeal |
Court |
Current Position |
- |
- |
- |
-
|
Cases not yet finalized :-
| Taxpayer's Name |
Issues under Appeal |
Court |
Current Position |
|
- |
- |
- |
- |
Note : The headnote(s) is/are in PDF format which
can be opened by using the Adobe
Acrobat Reader 5.0 or above and Adobe
Asian Fonts Packs which are available free at the Adobe
Systems Incorporated website. |