2001-02 Annual Report, Inland Revenue Department
(Text Only)

Collection


Collection of tax | Refund of tax | Recovery of tax in default


Revenue collected by the Department includes tax, additional tax, surcharge and fines. Schedules 16 and 17 provide details of additional tax, surcharge and fines imposed by the Department in respect of Earnings and Profits Tax during 2001-02.

Collection of tax

There are various payment methods by which a taxpayer can choose to settle a tax liability. With effect from October 2001, taxpayers can pay their taxes at post offices. Figure 28 shows the payment methods used by taxpayers in 2001-02.

A continuous growth is recorded for electronic payments - by telephone, bank ATM or the Internet. The total number of such transactions made during 2001-02 increased by 12% over the previous year. For Earnings and Profits Tax, 46% of the payment transactions were made through electronic means.

Figure 28 Payment methods

Earnings and Profits Tax - Number of transaction
Payment methods
2000-01
Percentage
2000-01
Percentage
By Post
29%
21%
In Person
28%
33%
By Phone / PPS on Internet
29%
30%
By ATM / Virtual ATM
14%
16%
Total Number of transaction
1,992,752
2,009,094


Earnings and Profits Tax - Amount (Dollars million)
Payment methods
2000-01
Percentage
2001-02
Percentage
By Post
32%
26%
In Person
57%
60%
By Phone / PPS on Internet
7%
8%
By ATM / Virtual ATM
4%
6%
Total Amount
73,870.3
77,749.0


Total Revenue (including other duties) - Number of transaction
Payment methods
2000-01
Percentage
2001-02
Percentage
By Post
23%
19%
In Person
52%
53%
By Phone / PPS on Internet
17%
18%
By ATM / Virtual ATM
8%
10%
Total Number of transaction
3,520,608
3,395,327


Total Revenue (including other duties) - Amounts (Dollars million)
Payment methods
2000-01
Percentage
2001-02
Percentage
By Post
37%
32%
In Person
55%
57%
By Phone / PPS on Internet
5%
6%
By ATM / Virtual ATM
3%
5%
Total Number of transaction
100,437.4
101,327.8

Refund of tax

Refunds are made to taxpayers for various reasons, such as in respect of an overpayment of tax or arising from revision of an assessment. They are issued as expeditiously as possible. During 2001-02, tax refunds totalling $6 billion were made (Figure 29).

Figure 29 Tax refunds
Type of Tax 2000-01 2001-02
Number Amount
(Dollars million)
Number Amount
(Dollars million)
Profits Tax 28,287 3,514.5 25,747 3,278.8
Salaries Tax 307,974 1,285.4 298,929 1,344.3
Property Tax 16,070 132.8 13,857 108.1
Personal Assessment 34,577 313.6 31,133 286.4
Others 11,337 967.2 11,928 1,040.9
Total 398,245 6,213.5 381,594 6,058.5

 

Recovery of tax in default

Taxpayers should pay tax on or before the due date shown on the demand notes issued to them. The vast majority of taxpayers settle their tax liabilities in a timely manner.

A late payment surcharge of 5% will generally be imposed where tax is in default. If a tax debt remains outstanding for more than six months after the due date, the Department may impose a further surcharge of 10% on the total unpaid amount.

Any tax in default is immediately recoverable. Recovery notices can be issued to third parties (including employers, bankers and other parties owing money to or holding money on behalf of the defaulting taxpayers) to effect collection. Action may also be commenced in the District Court. Figure 30 summarizes the recovery action taken by the Department. Upon entry of judgment, a defaulting taxpayer becomes liable to legal costs and interest on the judgment debt for the period from the date of commencement of the proceedings to the date of full settlement in addition to the outstanding tax. Figure 31 shows the legal costs and judgment interest collected during 2001-02.

Figure 30 Recovery actions

Recovery notices
Recovery notices 1998-99 1999-2000 2000-01 2001-02
Number of notices 161,602 158,793 137,183 121,852
Tax involved (dollars million) 5,723 5,861 5,558 4,491


Recovery action in the District Court
Recovery action in the District Court 1998-99 1999-2000 2000-01 2001-02
Number of actions 18,866 18,892 15,942 11,638
Tax involved (dollars million) 1,454 1,534 1,473 754

 

Figure 31 Legal Costs and Judgment Interest collected in 2001-02
Legal costs and judgement interest collected Dollars
Court Cost - Court Fees 2,868,217
Court Cost - Execution Fees 72,751
Fixed Cost 1,022,940
Judgment Interest - Pre-judgment Interest 3,253,120
Judgment Interest - Post-judgment Interest 10,881,804
Total costs and interest collected 18,098,832

 

A person with tax in default may be prevented from leaving Hong Kong. This, however, requires the Commissioner to satisfy a District Court Judge that there are reasonable grounds for believing that the person intends to depart, or has departed, from Hong Kong to reside elsewhere without paying his tax or furnishing adequate security for payment of such tax. The relevant legislation also provides that the person concerned may appeal to the Court of First Instance of the High Court against a District Judge's decision.

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(Last updated/reviewed : January 13, 2003)