Tax

With over 40 years of experience in handling tax issues, Current Management Consultants Limited (CMCL) has been keeping abreast of Hong Kong and overseas tax developments, thus being able to tailor the best tax planning approach for clients. We have also been providing one-stop and comprehensive tax management for both corporate and individual clients. With the tax problems satisfactorily resolved, clients can focus on their business development with peace of mind.

Services:

Pre-filing:

● Tax advice and planning
● Suggesting more favourable ways of paying tax
● Checking documents of income and expenses
● Tracking due dates
● Tax liability assessment
● Making the most of tax exemptions
● Macro-analysis of the tax positions of the group’s companies
● Filing salaries tax returns
● Filing corporate tax returns and preparing profits tax computations
● Preparing profit and loss account and balance sheet
● Auditing accounts

Filing:

● Follow-up on the filing process
● Filing an extension or objection

Post-filing:

● Handling and responding to correspondence and enquiries from the Inland Revenue Department

Success Case 1

Background: One of the five companies of a restaurant group (Company A) suffered losses while the profits of the other four companies were inflated, making the tax expenses of the group unreasonable.

Solution: Upon understanding the group’s position, we discovered that the salaries of the management of all five companies were solely paid by Company A. This led to an unreasonable distribution of expenses, where Company A suffered losses and the other four saw inflated profits. After we had assessed the actual workload of the management and redistributed their salaries expense to the other four companies accordingly, the profits of the four companies were no longer overstated. Overall, the tax of the group was reduced by over HK$500,000.

Success Case 2

Background: A family-managed trading company did not make good use of all its tax allowances, resulting in tax overpayment every year.

Solution: When handling their tax issue, we discovered that the owner and his family were paid according to estimations based on their own living expenses. As a result, some family members were underpaid and did not make optimal use of their tax allowances and reductions. On the other hand, some family members thought salaries of the major shareholders had to be higher than that of the management, thus leading to overpayments of salary. These overpayments were subject to the 17% salaries tax rate and were excluded in the calculation of the profits tax of the company at the rate 8.25%. After we had analysed the situation and given advices, salaries of all family members, i.e. employees, were readjusted to a reasonable level. The total amount of salaries tax and corporate profits tax payable was reduced by HK$300,000.

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Tax Investigation

Tax Investigation refers to the detailed annual investigations conducted by the Inland Revenue Department (IRD) into any suspected tax evasion in order to combat such activities. Anyone under investigation should handle the matter properly, otherwise they could face a hefty financial penalty or even prosecution.

It is common for clients to receive a letter from the IRD regarding additional tax payment or even penalty during non-tax season. The letter does not necessarily say that an investigation is underway.

Services:

We assist clients in negotiating with the IRD with the aim of reducing the amount of penalty.

01

Upon receipt of a case, we will first understand the actual situation from the client in order to deduce the cause of the tax investigation.

02

Carefully check all the relevant documents of the client and analyse whether there is any misstatement/understatement of tax.

03

Assist the client in negotiating with the IRD and analyse the evidence the IRD may have in demanding additional tax/penalty from client.

04

File an objection to the IRD/postpone the meeting with IRD (if any) to buy time to gather information from past years and respond to the queries of the IRD.

05

Provide the IRD with evidence to lower the estimation of the amount understated.

Time needed:

The entire process generally takes 6 to 18 months, depending on the complexity of the case.

Success Case 1

A business selling building materials was investigated by the IRD as they were suspected of understating cash receipts. At first, the IRD estimated that the tax undercharged and the penalty together amounted to HK$1.2 million. After our analysis of the evidence the IRD might have, the total amount of the tax undercharged and the penalty was adjusted to HK$180,000 only.

FAQ

Q: I have received a letter from the IRD with the abbreviation ‘FI’ printed on it. What does it stand for?

A: The abbreviation ‘FI’ is for the internal use of the IRD for identification purpose. If you have received a letter with the abbreviation ‘FI’, it means that you are being investigated by the IRD for an understatement or misstatement of tax for the year of assessment stated in the letter.

 

Q: I have received a letter from the IRD requesting for a meeting. What does it mean?

A: When the IRD asks to meet with you, it means that they believe there is an understatement or a misstatement in the tax return you have submitted, and therefore ask for an explanation.

 

Q: According to the IRD, if the case is settled within three months, the penalty is capped at 1.5-fold. Does the three-month period start from the day the letter is received?

A: No. If you have doubts about the letter (or wish to file an objection), you can submit a document to the IRD. The IRD will meet with you after reviewing it. The three-month period starts from the day of the meeting.

 

Q: Why am I being investigated by the IRD?

A: The reasons for a tax investigation include:

● Long-term losses
● Signs of omission of income
● Discrepancies between expenses and the employer’s return
● Large amounts of unpaid expenses
● Income not commensurate with assets
● Recurrent late filing and non-filing of tax returns
● Round figures on accounts

 

Q: I have received several letters from the IRD. What should I do?

A: First, read the letters carefully to find out the year(s) of assessment in question and whether the letters are addressed to you personally or to your company. Then, contact a professional accountant for an analysis.

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