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Frequently asked questions

Frequently asked questions

LexiDatum aims for accuracy and transparency in both our books and how our service works. If anything remains unclear or if you have a question not covered in this FAQ, please send us a message and we will happily get you the answers you need.

Hong Kong Profits Tax

Q1: When is a Hong Kong company exempt from Profits Tax?
A: A company may be exempt if its profits do not arise in Hong Kong, and it has no office, employees, or business activities in Hong Kong. Offshore claims are subject to IRD review and require supporting evidence.

Q2: What tax does a Hong Kong company need to pay annually?
A: Hong Kong companies are primarily required to pay Profits Tax annually. Under the two-tiered tax regime, the first HKD 2 million of assessable profits is taxed at 8.25% for corporations and 7.5% for unincorporated businesses. Profits above this threshold are taxed at 16.5% and 15% respectively. No Profits Tax is payable if the company has no assessable profits.

Q3: What is the typical year-end for a Hong Kong company?
A: The year-end is commonly set at 31 March or 31 December, though companies may choose any month-end. The first financial year may cover up to 18 months from the date of incorporation.

Q4: Are tariffs imposed on imported or exported goods in Hong Kong?
A: Generally, no tariffs are levied on imports or exports, except for dutiable goods such as tobacco, alcohol, and petroleum. However, customs declarations are mandatory for all imports and exports.

Q5: How is the accounting year (basis period of assessment) determined?
A: A company may adopt a financial year ending on 31 March, 31 December, or any other month, subject to company/board approval. This period determines the basis period for Profits Tax assessment.

Q6: Can a company carry forward losses to offset future profits?
A: Yes. Tax losses incurred in a year may be carried forward indefinitely and used to offset assessable profits in future years. However, losses cannot be carried back.

Q7: Are donations deductible under Hong Kong tax law?
A: Donations to approved charitable organizations are tax-deductible, provided the total amount is at least HKD 100 and does not exceed 35% of the company’s assessable profits for the year.

Q8: What is Provisional Profits Tax?
A: Since actual profits are only known after year-end, the Inland Revenue Department levies Provisional Profits Tax based on estimated current-year profits. This amount is credited against the final Profits Tax liability when actual profits are assessed.

Q9: If a Hong Kong company only operates as a payment/collection agent for a China company, is tax filing required?
A: Yes. Even if the Hong Kong company only provides payment or collection services, such activities are considered agency business, and any income earned (e.g., commission) is subject to Profits Tax. The company must maintain accounts, undergo auditing, and file tax returns.

Q10: If a company only holds a bank account in China without any Hong Kong account, is tax filing still necessary?
A: Yes. All Hong Kong-incorporated companies must file annual returns and tax declarations with the Inland Revenue Department, regardless of where operations or bank accounts are located. If no Hong Kong-sourced income exists, the company may apply for offshore profits tax exemption, subject to approval.

Hong Kong Salaries Tax

Q1: How is it determined whether dependent parents are “ordinarily residing in Hong Kong”?
A: The IRD assesses various factors, including:

  • Number of days spent in Hong Kong
  • Whether they have a fixed residence in Hong Kong
  • Employment or business ties
  • Social and family connections
    If they mostly live abroad and only make short visits, they will not be considered “ordinarily residing in Hong Kong,” even if they hold a Hong Kong permanent ID card.

Q2: Can my spouse and I each claim a child allowance for one child?
A: No. Only one parent can claim child allowance for all eligible children. It is generally more beneficial for the parent with the higher income to claim, unless the other is taxed at the standard rate, in which case the lower-income spouse may benefit more.

Q3: What happens if more than one person claims child allowance for the same child?
A: If multiple parties (e.g., separated parents) claim child allowance for the same child, the Inland Revenue Department (IRD) will determine the allocation based on each person’s financial contribution to the child’s care and education.

Q4: Can I claim child allowance for an illegitimate child?
A: Yes. As long as the child meets the eligibility criteria, the biological parent—whether married or not—can claim child allowance.

Q5: My 22-year-old son graduated in July and is unemployed. Can I still claim child allowance?
A: You may claim child allowance if your child is aged 18 to 25 and received full-time education during any part of the tax year. Since your son studied full-time until July, you are eligible to claim the allowance.

Q6: My elderly parents hold Hong Kong ID cards but have moved to Mainland China. Can I still claim the dependent parent allowance?
A: If they permanently reside outside Hong Kong and only make occasional visits, they are not considered ordinarily residing in Hong Kong, and you cannot claim the allowance. However, if their stay in Mainland China is temporary, the allowance may still be claimed.

Q7: I pay HKD 30,000 annually to my mother. Where should I report this for dependent parent allowance?
A: You do not need to report the exact amount in the tax return. If your parent ordinarily resides in Hong Kong, is aged 55 or above, and you have provided at least HKD 12,000 in annual support, you may claim the dependent parent allowance.

Q8: I am married, but my spouse does not work and I support the children. Can I claim single parent allowance?
A: No. The single parent allowance is only available to taxpayers who are unmarried, separated, or widowed throughout the year and who solely or mainly maintain the child. Being married disqualifies you, regardless of your spouse’s employment status.

Q9: What documents are needed to claim the disabled dependent allowance?
A: You must provide proof that the dependent is eligible for the Government Disability Allowance, such as:

  • The application file number from the Social Welfare Department, or
  • A medical assessment report from a public hospital or certified doctor showing the dependent meets the criteria under the relevant social welfare schemes.

Q10: Does a foreign national working in Hong Kong need to pay Salaries Tax?
A: Yes, unless all the following conditions are met:

  1. The individual stays in Hong Kong for no more than 183 days in the tax year;
  2. The employer is not a Hong Kong entity or representative; and
  3. The income is not borne by a Hong Kong-based entity.
    If these conditions are not fully satisfied, Salaries Tax is payable on income earned in Hong Kong.

Transfer Pricing Documentation in Hong Kong

Q1: When must I prepare and file transfer pricing documentation? Is it compulsory? What happens if I don’t comply?
A: Hong Kong entities that are part of a group structure (broadly defined) must prepare and maintain a Master File and Local File for accounting periods beginning on or after 1 April 2018, unless they qualify for exemption. Preparation is mandatory if thresholds are exceeded. Failure to comply may result in penalties under the Inland Revenue Ordinance.

Exemption criteria are as follows:

  • I. Based on Size of Business – An entity is exempt if it meets any two of the following:
    • Total revenue ≤ HKD 400 million
    • Total assets ≤ HKD 300 million
    • Average number of employees ≤ 100
  • II. Based on Related Party Transaction Amounts – Exemption applies if all of the following thresholds are not exceeded during the accounting period:
    • Transfer of assets (excluding financial and intangible) ≤ HKD 220 million
    • Transfer of financial assets ≤ HKD 110 million
    • Transfer of intangible assets ≤ HKD 110 million
    • Other transactions (e.g., services, royalties, interest) ≤ HKD 44 million

Note: Financial assets include items such as receivables, investments, and derivatives, but exclude equity issuance and receivables from sales to related parties.

Q2: What qualifies as a “group” in a broad sense?
A: A group (broadly defined) includes:

  1. A group of enterprises under common ownership or control, which are required under accounting standards to prepare consolidated financial statements; or
  2. A group in which any member is publicly listed and is therefore required to prepare consolidated financial statements; or
  3. A single enterprise operating across jurisdictions through a permanent establishment, where the foreign establishment is taxable locally.

Q3: Do I need to prepare transfer pricing files every year?

A: Yes, transfer pricing documentation must be updated annually, unless the entity qualifies for exemption. However, if no material changes occur in the related-party transactions or business activities, certain sections of the Local File may remain valid for up to three years. Any significant changes must be reflected through timely updates to ensure compliance.

Q4: What tax does a Hong Kong company need to pay annually?
A: Hong Kong companies are primarily required to pay Profits Tax annually. Under the two-tiered tax regime, the first HKD 2 million of assessable profits is taxed at 8.25% for corporations and 7.5% for unincorporated businesses. Profits above this threshold are taxed at 16.5% and 15% respectively. No Profits Tax is payable if the company has no assessable profits.

Q5: What is the typical year-end for a Hong Kong company?
A: The year-end is commonly set at 31 March or 31 December, though companies may choose any month-end. The first financial year may cover up to 18 months from the date of incorporation.

Q6: Are tariffs imposed on imported or exported goods in Hong Kong?
A: Generally, no tariffs are levied on imports or exports, except for dutiable goods such as tobacco, alcohol, and petroleum. However, customs declarations are mandatory for all imports and exports.

Q7: How is the accounting year (basis period of assessment) determined?
A: A company may adopt a financial year ending on 31 March, 31 December, or any other month, subject to company/board approval. This period determines the basis period for Profits Tax assessment.

Q8: Can a company carry forward losses to offset future profits?
A: Yes. Tax losses incurred in a year may be carried forward indefinitely and used to offset assessable profits in future years. However, losses cannot be carried back.

Q9: Are donations deductible under Hong Kong tax law?
A: Donations to approved charitable organizations are tax-deductible, provided the total amount is at least HKD 100 and does not exceed 35% of the company’s assessable profits for the year.

Q10: What is Provisional Profits Tax?
A: Since actual profits are only known after year-end, the Inland Revenue Department levies Provisional Profits Tax based on estimated current-year profits. This amount is credited against the final Profits Tax liability when actual profits are assessed.

Q11: If a Hong Kong company only operates as a payment/collection agent for a China company, is tax filing required?
A: Yes. Even if the Hong Kong company only provides payment or collection services, such activities are considered agency business, and any income earned (e.g., commission) is subject to Profits Tax. The company must maintain accounts, undergo auditing, and file tax returns.

Q12: If a company only holds a bank account in China without any Hong Kong account, is tax filing still necessary?
A: Yes. All Hong Kong-incorporated companies must file annual returns and tax declarations with the Inland Revenue Department, regardless of where operations or bank accounts are located. If no Hong Kong-sourced income exists, the company may apply for offshore profits tax exemption, subject to approval.

FAQs – Hong Kong Company Incorporation

Q1: What are the requirements to incorporate a limited company in Hong Kong?
A: Incorporation requires at least one individual aged 18 or above (of any nationality) to act as a shareholder and director. A Hong Kong registered address and a Hong Kong resident or professional firm must be appointed as the Company Secretary.

Q2: Can Mainland Chinese residents incorporate a company in Hong Kong?
A: Yes. The Hong Kong Companies Ordinance imposes no nationality restrictions on shareholders or directors.

Q3: How long does it take to incorporate a company in Hong Kong?
A: The process typically takes 10 working days.

Q4: Is it necessary to state the business nature on the Business Registration Certificate?
A: Stating the business nature is optional at the time of registration, but it must be reported to the government within one month after the commencement of business.

Q5: Will the specified business scope limit the company’s future business expansion?
A: No. The business scope listed on the Business Registration Certificate is for reference only and does not restrict the company from engaging in other lawful business activities.

Q6: How can I confirm that a Hong Kong company is lawfully registered?
A: You can verify registration via the Companies Registry or through a service provider. Additionally, if a bank accepts the company for account opening, it is a strong indicator that the company is validly incorporated.

Q7: When will a newly incorporated company appear in the Companies Registry?
A: The company’s registration details typically appear in the Companies Registry database within 6 working days after incorporation.

Q8: Are a company’s liabilities based on registered capital or issued shares?
A: Liabilities are limited to the amount of issued shares. There are no obligations associated with unissued shares.

FAQs – Using Shelf Company in Hong Kong

Q1: What is a Shelf Company?
A: A Shelf Company is a pre-registered company that has not conducted any business activities. It comes with a Certificate of Incorporation, company seal, share certificate book, and all statutory documents required by law. Purchase can be completed quickly by submitting the necessary identification documents.

Q2: Are there any risks associated with purchasing a Shelf Company?
A: Shelf Companies are commonly used in jurisdictions like Hong Kong, Singapore, the BVI, the U.S., and the Cayman Islands. As these companies generally have no prior business activities or bank accounts, the risk is minimal. However, it is advisable to verify the company’s background before purchase.

Q3: What documents will I receive when buying a Shelf Company?
A: You will receive a complete set of corporate documents, including:

  • Certificate of Incorporation
  • Business Registration Certificate
  • 10 printed copies of the Articles of Association
  • Company’s round stamp and bar stamp
  • Share certificate book
  • Statutory registers
  • Filed documents with the Companies Registry (e.g., first director appointment, acceptance of directorship, registered address notice)

Q4: Can I change the name of a Shelf Company?
A: Yes. The company name can be changed after verifying its availability with the Companies Registry. The name change process typically takes about 10 working days.

Q5: How many directors can a Shelf Company have?
A: A Shelf Company can appoint between 1 and 50 directors, in accordance with the Hong Kong Companies Ordinance.

FAQs – Directors and Shareholders of a Hong Kong Limited Company

Q: What are the differences between shareholders and directors?
A:

  • Shareholders own the company and have rights including:
    • Voting at shareholders’ meetings proportional to their shares
    • Receiving dividends
    • Electing and dismissing directors and determining their remuneration
    • Approving annual audit reports and company resolutions
    • Pre-emptive rights on share transfers and new share issuances
    • Receiving company assets upon liquidation (after debts)
  • Directors manage the company’s daily operations and responsibilities such as:
    • Running business activities and making operational decisions
    • Maintaining accounting records and managing bank accounts
    • Securing company loans with company assets
    • Proposing dividend distributions and capital increases
    • Convening shareholders’ meetings and executing their resolutions

Q: Can the same person be both a shareholder and a director?
A: Yes. One person can serve as both shareholder and director.

Q: What is the minimum number of shareholders and directors required?
A: A Hong Kong limited company must have at least one shareholder and one director, who may be the same individual.

Q: Can non-Hong Kong residents be shareholders or directors?
A: Yes. Any person aged 18 or above, regardless of nationality, holding a valid passport or ID card, can be a shareholder or director.

Q: Can a limited company be a shareholder or director of another limited company?
A: Yes. Companies can hold shares or act as directors in other Hong Kong companies.

Q: Are the details of shareholders and directors publicly accessible?
A: Yes. Information including names, addresses, shareholding percentages of shareholders and directors is publicly available through the Hong Kong Companies Registry.

FAQs – Registered Office Address of a Hong Kong Company

Q: Does a company need to have a physical office in Hong Kong to be registered?
A: No. A company must have a registered address in Hong Kong, but it does not need to maintain its own physical office. We offer registered address services to save clients from incurring office rental costs.

Q: Must the registered address be located in Hong Kong?
A: Yes. The registered address must be a physical address in Hong Kong, as all official government correspondence will be sent there.

Q: What if the company does not have a Hong Kong address?
A: The company can use a registered address service provided by professional firms.

Q: Can a company change its registered address?
A: Yes. A company may change its registered address at any time by notifying the Companies Registry.

FAQs – Bank Accounts for Hong Kong Companies

Q: How can a registered company open a bank account?
A: All directors and, in some cases, shareholders must attend the bank in person. The company must provide registration documents. Accounts may be opened with banks in Hong Kong or foreign banks overseas.

Q: Is it possible for a Hong Kong limited company not to open a bank account?
A: Yes, but it is generally recommended that all business transactions be conducted through the company’s bank account for transparency and proper financial management.

Q: What documents are required to open a company bank account?
A: Commonly required documents include:

  • Original minutes approving account opening
  • Certified copies of Certificate of Incorporation and Business Registration Certificate
  • Certified copies of appointment notices for directors and company secretary
  • Certified Articles of Association
  • Valid ID/passport of each director
  • Proof of personal address of each director

Q: Who can operate the company bank account?
A: Account operation can be managed by shareholders, directors, or authorized third parties through delegation.

 Q: Can directors open the bank account remotely from Mainland China?
A: Directors are generally required to be physically present in Hong Kong to open local accounts. Alternatively, offshore accounts can be opened with foreign banks in Mainland cities.

Q: Are there any limitations on cash withdrawals from Hong Kong bank accounts?
A: No. Capital movement in and out of Hong Kong is unrestricted.

Q: Do banks charge fees for opening a company bank account?
A: Yes. Banks usually charge service fees for account opening, with higher fees for offshore companies. An initial deposit is typically required to activate the account.

Q: Can Chinese residents operate the bank account of a Hong Kong company?
A: Yes, provided they hold valid passports or travel permits and ID cards as required by the bank.

Q: Which Mainland cities support offshore account opening, and how are these accounts operated?
A: Cities like Beijing, Shanghai, Shenzhen, Guangzhou, Tianjin, Hangzhou, Xiamen etc. offer offshore account services. Accounts can be operated remotely via telephone, fax, or online banking platforms

Q: What are the operational differences between Hong Kong local and Mainland offshore bank accounts?
A: Hong Kong accounts allow unrestricted capital flow. Mainland offshore accounts are regulated by Chinese authorities and have limited deposit functions. Hong Kong accounts require passport or travel permit holders, while Mainland accounts can be opened by ID card holders but may have fewer banking features.

Q: Can a company open multiple bank accounts?
A: Yes. Companies can open multiple accounts, each with the same functionality.

Q: Are there any restrictions on remittance or foreign currency exchange in Hong Kong banks?
A: No. Hong Kong has a free capital market with no restrictions on currency exchange or remittances.

香港公司税务合规

利得税
Q1 香港公司何时豁免利得税?
答: 利润非源自香港,且在港无办事处、雇员及业务活动即可申请。离岸申索需经税务局审批并提交证明。

Q2 公司每年需缴哪些税?
答: 主要缴纳利得税:

  • 200万港元利润:法人企业税率8.25%,非法人业务7.5%;
  • 超出部分:分别按16.5%及15%征税。无应评税利润则免税。

Q3 常用年结日是哪天?
答: 多为3月31日或12月31日,但可任选月末。首个财年最长涵盖注册日起18个月。

Q4 进出口货物是否征税?
答: 烟酒、石油等应税商品外均免税,但所有进出口须强制海关申报。

Q5 会计年度如何确定?
答: 公司可自定年结日(如3月/12月末),该期间即为评税基期。

Q6 亏损可否抵扣未来利润?
答: 可无限期结转抵扣,但不可回溯。

Q7 捐款能否抵税?
答: 向认可慈善机构捐款≥100港元且≤年利润35%的部分可抵税。

Q8 什么是暂缴利得税?
答: 税务局按预估利润预征税款,实际利润核定后多退少补。

Q9 仅作为内地企业收付款代理需报税吗?
答: 需报税。代理服务收入(如佣金)应税,须记账审计并提交税表。

Q10 仅在内地设银行账户需报税吗?
答: 需报税。所有香港注册公司须提交年报及税表。若无香港来源收入,可申离岸免税(需审批)。

Q: Must the registered address be located in Hong Kong?
A: Yes. The registered address must be a physical address in Hong Kong, as all official government correspondence will be sent there.

Q: What if the company does not have a Hong Kong address?
A: The company can use a registered address service provided by professional firms.

Q: Can a company change its registered address?
A: Yes. A company may change its registered address at any time by notifying the Companies Registry.

薪俸税

Q1 如何判定父母“通常居住香港”?
答: 综合考量在港居住天数、固定居所、工作/业务关联及社会关系。长期居海外仅短期访港者不符资格。

Q2 夫妻能否分别申领子女免税额?
答: 不可。仅一方可为所有子女申领,通常高收入方申领更有利。

Q3 多人申领同一子女免税额如何处理?
答: 税务局按各方对子女抚养的资金贡献比例分配。

Q4 非婚生子女能否申领免税额?
答: 可以。生父母无论婚姻状况均可申领。

Q5 22岁子女7月毕业待业,能否申领?
答: 可以。课税年度内接受全日制教育即符合资格。

Q6 父母移居内地能否申领供养父母免税额?
答: 长期定居内地者不符资格;暂居内地者可申领。

Q7 每年资助母亲3万港元如何申报?
答: 无需申报金额。若父母通常居港、年满55岁且年获资助≥1.2万港元,即可申领。

Q8 已婚独自养子女能否申领单亲免税额?
答: 不可。仅限全年未婚/分居/丧偶且独力抚养子女者。

Q9 申领伤残受养人免税额需哪些文件?
答: 需社会福利署伤残津贴档案号,或公立医院/注册医生的合规医疗报告。

Q10 外籍人士在港工作需缴税吗?
答: 需缴税,除非同时满足:

  1. 年留港≤183天;
  2. 雇主非香港实体;
  3. 薪酬非香港实体承担。

转让定价

Q1 何时需准备文件?未合规后果?
答: 符合集团定义企业(2018年4月1日起)须准备主文件及本地文件(豁免除外)。超以下阈值强制准备,违规可罚款:
豁免条件

  • 规模(满足任意两项):
    • 总收入≤4亿港元 | 总资产≤3亿港元 | 雇员≤100人
  • 关联交易额(均未超限):
    • 非金融/无形资产≤2.2亿 | 金融资产≤1.1亿 | 其他交易≤4,400万

Q2 “集团”如何定义?
答: 包括:需编制合并财报的企业群、含上市成员的集团、跨境运营应税的单一企业。

Q3 需每年更新文件吗?
答: 需每年更新(豁免除外)。交易无重大变化时,本地文件部分内容可延用3年。

公司注册

Q1 注册有限公司条件?
答: 需≥1名18岁以上股东及董事,提供香港注册地址并委任香港公司秘书。

Q2 内地居民能否注册?
答: 可以。股东/董事无国籍限制。

Q3 注册时长?
答: 约10个工作日。

Q4 商业登记证需列业务性质吗?
答: 注册时可选填,开业后1个月内须申报。

Q5 业务范围限制未来拓展吗?
答: 不限制。登记证范围仅供参考。

Q6 如何核实公司合法注册?
答: 通过公司注册处查询,银行接受开户亦可佐证。

Q7 新公司何时录入注册处?
答: 注册后6个工作日内。

Q8 公司债务以何为准?
答: 以已发行股本为限。

空壳公司

Q1 什么是空壳公司?
答: 已注册未运营的公司,含全套法定文件,凭身份证明可快速购入。

Q2 购入有风险吗?
答: 风险低(常见于香港/新加坡等),建议购前核查背景。

Q3 购入后获哪些文件?
答: 注册证书、商业登记证、公司章程、印章、股票簿等全套文件。

Q4 能否更名?
答: 可。核名后约10个工作日完成。

Q5 可设多少董事?
答: 可设1-50名董事。

董事与股东

Q 股东与董事区别?
答:

  • 股东:持股表决、分红、任免董事、批核财报、清算资产分配权
  • 董事:日常运营、记账管账、资产抵押、提议分红增资

Q 同一人可兼任吗?
答: 可以。

Q 最少需几人?
答: 至少1名股东及1名董事(可为同一人)。

Q 非港居民能否担任?
答: 可以。≥18岁持有效证件者均可。

Q 有限公司能否任其他公司股东/董事?
答: 可以。

Q: 信息是否公开?
答: 是。姓名、持股比例等均通过公司注册处公开。

注册地址

Q1 需实体办公室吗?
答: 无需。但须香港实际地址接收政府信函,可用专业机构地址服务。

Q2 地址必须在香港吗?
答: 必须为香港实际地址。

Q3 无地址怎么办?
答: 购买专业机构地址服务。

Q4: 能否更改?
答: 可随时通知注册处更改。

银行账户

Q1 如何开户?
答: 董事需亲临银行提交文件,可选香港本地或海外银行。

Q2 能否不开户?
答: 可,但建议通过公司账户规范交易。

Q3 开户需哪些文件?
答: 开户决议、注册证书/登记证核证副本、董事证件及住址证明等。

Q4 谁可操作账户?
答: 股东、董事或授权人。

Q5 董事能否在内地远程开户?
答: 开香港账户需亲临香港;内地可开外资银行离岸账户。

Q6 提现是否受限?
答: 无限制。

Q7 开户收费吗?
答: 银行收取服务费,需预存激活资金。

Q8 内地居民能否操作账户?
答: 可以,需持银行要求的有效证件。

Q9 内地哪些城市支持开离岸账户?
答: 北京、上海、深圳等,可通过电话/网银操作。

Q10 香港账户与内地离岸账户区别?
答:

账户类型

资金流动

开户证件

功能限制

香港本地账户

自由无限制

护照/通行证

内地离岸账户

受内地监管

身份证

存款功能有限

Q11 能否开多个账户?
答: 可以。

Q12 汇款或外汇是否受限?
答: 香港无任何限制。

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