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Hong Kong Profits Tax - Anti-Avoidance measures concerning Profits Tax payment

1. What happens if I fail to file my tax return or provide false information to the Inland Revenue Department?

Similar to Salaries Tax matters, any person who fails to file tax returns for Profits Tax or provide false information to the Inland Revenue Department is guilty of an offence and liable to prosecution result in penalties or even imprisonment.

In addition, section 61 of the Inland Revenue Ordinance addresses any transaction which reduces or would reduce the amount of tax payable by any person where the Assessor is of the opinion that the transaction is artificial or fictitious or that any disposition is not actually in effect. When it applies the Assessor may disregard any such transaction or disposition and the person concerned shall be assessed accordingly.

Also, section 61A of the IRO applies to any transaction entered into after 13 March 1986 for the sole or dominant purpose of enabling a person to obtain a tax benefit. Where it applies, the section provides for an assessment to be made i) as if the transaction had not been entered into or carried out, or ii) in such other manner as the Assistant Commissioner considers appropriate to counteract the tax benefit which would otherwise be obtained.


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