HONG KONG: TEL : +852 3704 7647 - FAX : +852 3704 7650 - E-MAIL : info@andreabartolihk.com / BANGKOK: TEL: +662 651 5106-7 - FAX: +662 651 5108 - E-MAIL : info@andreabartoli.th

  • Advisory on Double Taxation Agreements

In some scenarios, a taxpayer could be taxed twice on the same income. Double tax agreements (DTAs) are intergovernmental agreements entered to avoid and/or reduce double taxation. Generally speaking, the benefits of tax treaties are available only to tax residents of one of the treaty countries and establishing the tax residency of a business is not always a straightforward process. To take the most advantage of DTAs, the guidance of an international tax professional might be highly recommended. 

  • Advisory on Optimization of use of tax incentives and exemptions
  • Advisory and assistance on Tax Audit and Tax Investigation

Tax audit and tax investigation are time consuming and call for a great deal of attention. They usually take months or years to settle. The appointment of a tax consultant is strongly recommended to any taxpayer subject to audit or investigation.

  • Application for Tax Clearance Certificate

Tax Clearance Certificate is a certificate issued by the Tax Authority to a foreigner who is departing to indicate that he has already paid taxes or that he has provided a guarantor or securities as guarantee for his tax liabilities and tax payable.

  • Application for Certificate of Tax Residency

A Certificate of Tax Residency, sometimes called Certificate of Resident Status, is a document issued by the competent authority to a resident taxpayer (individual or corporate) who requires proof of resident status for the purposes of claiming tax benefits under the Comprehensive Double Taxation Agreements (DTAs).

  • Application for revision of tax assessment

If it can be established to the satisfaction of a tax assessor that the tax charged for any year of assessment is excessive by reasons of error or omission in any tax return or any arithmetical error or omission in the calculation of the amount of the assessable income or profit assessed, a claim to revise the assessment can be made in many jurisdictions. In Hong Kong, a claim to repayment can be made within six years of the end of the Year of Assessment affected or within six months of the Notice of Assessment being serve, whichever is the later.

  • Commercial Contract Tax Planning
  • Corporate Treasury Centres

A corporate treasury centre is a company within a multinational group providing treasury services for its group companies. If designed and implemented properly, a CTC can bring great benefits to companies. Hong Kong has always been one of the premier location of choice for CTC. The direction of an international tax consultant is advisable for the structuring a CTC in an efficient and effective way. 

  • Estate Tax Planning
  • Filing and Submission of Tax Returns with Tax Authorities 
  • Fiscal Due Diligence
  • Foreign Tax Credit Application  
  • International and Local Tax Planning for Companies and Individuals

Every taxpayer can arrange his affairs lawfully to reduce his tax payable. Tax planning (sometimes called tax mitigation) involves tax reduction arrangements that may meet the specific wording of the relevant legislation. Effective tax planning occurs when the results of these arrangements are consistent with the intent of the law. When tax planning reduces taxes in a way that is inconsistent with the overall spirit of the law, the arrangements are sometimes referred to as tax avoidance. Aggressive tax planning refers to arrangements that "push the limits" of acceptable tax planning.

Tax avoidance occurs when a person undertakes transactions that contravene specific anti-avoidance provisions. Tax avoidance also includes situations where a person reduces or eliminates tax through a transaction or a series of transactions that comply with the letter of the law but violate the spirit and intent of the law. 

Tax planning demand a sound knowledge and good understanding of both law and accounting principles. The applicability pf tax saving measures vary from taxpayer to taxpayer as it is obvious that every taxpayer has different circumstances and requirements. Tax planning strategies therefore need to be developed on a case by case basis between the taxpayer and the professional advisor. 

  • Local and International Compliance and Advisory on Value Added Tax (VAT)/Goods Services Tax (GST)
  • Local and International Compliance and Advisory on Customs Duties
  • Local and International Advance Tax Rulings

An advance tax ruling is a tool provided to the taxpayers by the Tax Authorities in numerous jurisdictions for clarifying and conforming specific taxation arrangements. A written interpretation of the revenue laws is issued by tax authorities to taxpayers who request clarification of taxation arrangements. An advance tax ruling binds tax authorities to comply with the tax arrangements set out in the ruling. 

  • Negotiations with Tax Authorities

In some cases, it might be possible to negotiate with tax authorities. It is not something easy and/or common for a taxpayer and therefore the help of a tax expert is advised to safeguard the taxpayer’s interests.

  • Objections to Tax assessments

A taxpayer has the right to object to a tax assessment. Tax objections must be made in the required form and within a prescribed time. Depending on the complexity of the case, objections to tax assessments can be very difficult to handle. Consultation with a tax expert for proper evaluation of the circumstances will increase the probability of success. 

  • Patent Box
  • Registration of Transfer of Shares
  • Registration of Declaration of Trust Ownership
  • Special Purpose Vehicles

Special Purpose Vehicles are used in a technique called layering. The choice of jurisdiction for SPVs is vital and should take in consideration aspects such as tax, reliable legal system, secrecy, and stability of the local economy and all additional particular concerns of the parent company. In terms of tax structuring, the parent company should aim to set up a holding in a jurisdiction with zero to low income and dividend tax rates, considering that the sole purpose of this company is to be a connector. In addition, existing tax treaties should be taken into consideration, so any withholding taxes applicable in receiving or paying dividends should be minimized. 

  • Tax Exemption Application 

Different jurisdictions implement different tax systems. Some countries have a residence-based tax regime, some have a remittance-based tax regime, some a citizenship-based tax system, some have a mix system etc.

Hong Kong uses a source-based tax system. In accordance with the provisions of the Inland Revenue Ordinance (Chapter 112 of the Laws of Hong Kong), two conditions, inter alia, must be satisfied before profits tax is charged on a person: 

1 a trade, profession or business is carried on by that person in Hong Kong and

2 profit from that trade, profession or business arises in, or is derived from Hong Kong.

The offshore Profits Tax exemption claim is a time consuming and complicated process because the assessor has a statutory duty to raise assessment and to make enquiry. The supervision of a tax professional is highly recommended. 

  • Tax Refund Applications

If an excessive tax has been paid, a claim to repayment can be made in many jurisdictions. In Hong Kong, a claim to repayment can be made within six years of the end of the Year of Assessment affected or within six months of the Notice of Assessment being serve, whichever is the later.

  • Transfer Pricing Analysis 

The term transfer pricing refers to the way the stated price of goods or services, in a given transaction impact the parties’ respective tax exposure. Tax authorities want to prevent multinationals from manipulating the price of goods and services in intergroup transactions as a way to evade tax. Transfer pricing rules include different valuation methods. In some cases, taxpayers may submit a transfer pricing   strategy to the tax authority for approval in advance.

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