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2021-22 Budget – Tax Measures

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1.

Q:

What tax measures are proposed in the 2021-22 Budget?

 
 

A:

In the 2021-22 Budget, the Financial Secretary proposed a one-off reduction of 100% of the final tax for the year of assessment 2020/21 in respect of profits tax, salaries tax and tax under personal assessment, subject to a ceiling of $10,000 per case. The relevant legislation for the tax reduction was passed by the Legislative Council on 28 April 2021 and gazetted on 7 May 2021.

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2.

Q:

Do I need to apply for the tax reduction proposed in the 2021-22 Budget?

 
 

A:

IRD will effect the tax reduction in the final assessment for the year of assessment 2020/21 (hereinafter called "2020/21 assessment").  For 2020/21 assessments issued before the legislative amendment, IRD will revise them and there is no need for you to make a separate application.

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3.

Q:

Can I withhold payment of the 2020/21 provisional tax because of the tax reduction measure?

 
 

A:

You are required to pay on time the 2020/21 provisional tax.  Otherwise, recovery action will be taken by IRD.  Similar to previous occasions, the tax reduction is to reduce the 2020/21 final tax that will be charged and not the 2020/21 provisional tax that has already been charged.  Therefore, you are still required to pay the 2020/21 provisional tax as charged.

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4.

Q:

Will the Inland Revenue Department refund the 2020/21 provisional tax already paid by me?

 
 

A:

As the tax reduction is to reduce the 2020/21 final tax that will be charged, the reduction will only be reflected in the notices of salaries tax assessment, profits tax assessment and personal assessment for the year of assessment 2020/21.  The tax reduction is not applicable to the 2020/21 provisional tax.  The provisional tax paid will be applied to settle the 2020/21 final tax and 2021/22 provisional tax.  Excess balance, if any, will be refunded.

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5.

Q:

How to compute the tax reduction?

 
 

A:

You may use the Tax Calculator provided in GovHK to calculate your 2020/21 salaries tax and tax under personal assessment.

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6.

Q:

I have to pay salaries tax and profits tax for the year of assessment 2020/21 and I have elected for personal assessment for the year.  How should the tax reduction be computed?

 
 

A:

Under personal assessment, all income of an individual taxpayer, including salaries income and business profits, will be aggregated to compute the tax payable.  Hence, the amount of tax reduction for the year of assessment 2020/21 is 100% of the tax assessed under personal assessment (subject to a ceiling of $10,000) and not the tax payable under salaries tax and profits tax.

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7.

Q:

A married couple, each with employment income and liable to salaries tax, are separately assessed to tax and they can enjoy a maximum tax reduction of $20,000 in total.  If they also have rental income or business profits / loss and are eligible to elect for personal assessment, what is / are their tax reduction ceiling(s) under personal assessment?

 
 

A:

Profits tax, salaries tax and tax under personal assessment for the year of assessment 2020/21 are reduced by 100%, subject to a ceiling of $10,000 per case.  Under salaries tax, a married couple are separately assessed.  Each of them will get a tax reduction of 100%, subject to a ceiling of $10,000.  From the year of assessment 2018/19, the requirement for the election of personal assessment is relaxed by allowing married persons the option to elect for personal assessment separately (hereinafter called "Separate PA").  Under Separate PA, a married couple are separately assessed. Each of them will get a reduction of 100% of the tax assessed under their own personal assessment, subject to a ceiling of $10,000.  If the taxpayer elects for personal assessment jointly with his / her spouse, the tax reduction for the couple is 100% of their total tax assessed under personal assessment, capped at $10,000.  Whether a taxpayer should apply for personal assessment jointly with his / her spouse will depend on his / her own situation.  When considering an election for personal assessment for the year of assessment 2020/21, taxpayers should take into account the factor that the tax reduction for personal assessment jointly elected by a couple will be capped at $10,000.  You may use the Tax Calculator provided in GovHK to calculate the tax payable under different scenarios for the year of assessment 2020/21.

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8.

Q:

I have two businesses in the year of assessment 2020/21, can I get a tax reduction in respect of each business?

 
 

A:

For each business, you can get the tax reduction of 100% of the profits tax payable for the year of assessment 2020/21, subject to a ceiling of $10,000.

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9.

Q:

Does the profits tax reduction proposed in the 2021-22 Budget apply to companies?

 
 

A:

The profits tax reduction proposed in the 2021-22 Budget also applies to companies (including corporations and partnership businesses).  Companies will get a one-off reduction of 100% of the final profits tax for the year of assessment 2020/21, subject to a ceiling of $10,000 per case.