In the Case No. D25/11;14 September 2011, the Board re-stated the principles and guidance on imposing
additional tax as penalty:
The primary objective of additional tax penalty was to penalize the infringing taxpayers and to deter the
infringing taxpayers or other taxpayers from infringing. The same principles applied in determining penalty
for lateness in informing the Commissioner of the chargeability to tax and submitting tax returns.
The principles adopted by the Board in determining lateness in submitting tax return could be summarized
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Trust can be a useful and valuation tool for tax administration and on disposition of one’s wealth. Trust is in fact a legal arrangement whereby a person (the trustee) owns property in his name but holds and manages it for the benefit of someone else (the beneficiary). A family trust is one formed for the benefit of a family group. Typically, the creation of a trust involves three parties: (a) Settlor (also Grantor or Donor): The party (e.g. the parents) forms the trust and transfers assets to the trust by way of gift or for value.
In tax appeal, the Board of Review will listen, analyse and assess the evidence and the grounds submitted by the applicant and the IRD. The burden on calling witnesses to testify is on the applicant. The common law trial proceedings practised in Hong Kong was an adversarial system and not inquisitorial system. The parties of the hearing should submit the evidence and the grounds favourable to them for the Board to decide. The initiative to submit legal grounds or to call witness was on the parties of the hearing.
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