Tax Free Profits of Other Hong Kong company – Performed outside Hong Kong
Treatment of other profits
Some examples of the tests used to determine the source of the main types of other business profits are as follows -
Profits under the Hong Kong Company |
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Tax liability in Hong Kong |
Rental income from real property |
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Taxable if the property is located in Hong Kong |
Profits derived by an owner from the sale of real property |
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Taxable if the property is located in Hong Kong |
Profits from the purchase and sale of listed shares and other listed securities |
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Taxable if the stock exchange where the shares or securities in question are traded is located in Hong Kong
Where the purchase and sale took place over-the-counter, taxable where the contracts of purchase and sale are effected in Hong Kong |
Profits accruing to a business (other than a financial institution) from the purchase and sale of unlisted shares and other unlisted securities |
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Taxable where the contracts of purchase and sale are effected in Hong Kong |
Service fee income |
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Taxable if the services which give rise to the payment of the fees are performed in Hong Kong |
Royalties received by a business |
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Taxable if the licence or right of use is acquired and granted in Hong Kong |
Royalties on intellectual property received from Hong Kong by a non-resident |
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Taxable if the intellectual property is used in Hong Kong
For royalties received or accrued on or after 25 June 2004, if the intellectual property is used outside Hong Kong, taxable if the royalty payment is deductible in ascertaining the assessable profits of the payer under profits tax |
Interest accruing to a business (other than a financial institution) |
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Taxable if the lender provides the funds in Hong Kong to the borrower |
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