Salaries tax

personal income tax in Hong Kong

Salaries tax is a type of income tax that is levied in Hong Kong, chargeable on income from any office, employment and pension for a year of assessment arising in or derived from the territory. For purposes of calculating liability, the period of assessment is from April 1 to March 31 of the following year. Salaries tax is also charged on the unrealized capital gain of shares or options granted as part of an employee share scheme that are subject to a vesting period. Events that trigger tax are when the vesting period ends or when the employee leaves Hong Kong.

Salaries tax is imposed on any office, employment and pension sourced in Hong Kong. Office basically refers to the holding of office as a director or company secretary of the company resident in Hong Kong. Director's fee is fully taxable in Hong Kong irrespective where the director rendered services in Hong Kong or not. Income derived from employment sourced in Hong Kong is taxable in Hong Kong. The source of employment is laid down in the Goepfert Rules and Departmental Interpretation and Practice Note No.10. However, those individuals who visit Hong Kong for periods not exceeding 60 days will be exempt from paying Salaries Tax. This provision is known as the "sixty day rule". Employment sourced in Hong Kong will be fully chargeable to Salaries Tax whereas offshore employment will be chargeable on a "time in time out" basis, the taxable income of which will be apportioned by reference to the days present in Hong Kong. Employment of a government civil servant is considered sourced in Hong Kong and therefore its income is always fully taxable in Hong Kong. The above mentioned "sixty day rule" shall not be applied to seamen and aircrew. Instead, they are bound by stricter conditions for exemption. To be exempt from liability to Salaries tax, they shall be present in Hong Kong not more than 60 days in the year and not more than 120 days in the two consecutive years, one of them being the current tax year. A pension will be considered to be sourced in Hong Kong if it is managed and controlled in Hong Kong.

Employers must report details relating to new hires to the Inland Revenue Department within three months of the commencement of employment, which will enable to IRD to send out tax returns for the year of assessment. If the employee does not receive a return, he is required to send the department a notification of chargeability by 31 July following the year of assessment. The tax is payable directly by the taxpayer, who is also obliged to remit provisional salaries tax by instalments based on the previous year's liability.