Impostos a Hong Kong SAR, Xina

Company Tax

A two-tiered profits tax rate is introduced in Hong Kong

Tax Rate For Foreign Companies

Income tax is territorial and assessable profit is the net profit originating in Hong Kong for the basis period. As a result, both resident and non-resident companies receive similar tax treatment. Nevertheless, starting from 1st January 2023, the revised foreign-sourced income regulations will consider four types of offshore income (interest, dividends, disposal gains, and IP income) to be originating from Hong Kong SAR and subject to profits tax if a multinational entity (MNE) operating a trade, profession, or business in Hong Kong SAR (regardless of its revenue or asset size) receives the income in Hong Kong SAR and fails to meet the relevant exceptions to the deeming provision. Foreign-source interest, dividends, and disposal gains on equity interests are exempt from profits tax, provided economic substance requirements are met. Foreign-source income from the use of intellectual property is exempt from profits tax to the extent that a nexus requirement is met.
Foreign-source dividends and disposal gains on equity interests also may be exempt from profits tax if the participation exemption applies. 

Capital Gains Taxation

Long-term capital gains are not taxed in Hong Kong. Nevertheless, capital gains deriving from the disposal of assets may be subject to profits tax if the disposal constitutes a transaction in the nature of trade (especially in the real estate industry).
Starting from 1st January 2023, the revised foreign-sourced income regulations will consider four types of offshore income (interest, dividends, disposal gains, and IP income) to be originating from Hong Kong SAR and subject to profits tax if a multinational entity (MNE) operating a trade, profession, or business in Hong Kong SAR (regardless of its revenue or asset size) receives the income in Hong Kong SAR and fails to meet the relevant exceptions to the deeming provision (exemptions may apply).

Main Allowable Deductions and Tax Credits

Deductible expenses must be wholly, exclusively and necessarily included in the production of taxable income, including depreciation, debts, repairs to plants, trademark rights registration costs, etc. Other deductions that are allowed include mandatory pension contributions (up to 15% of the employee's total emoluments) and donations of more than HKD 100 (capped at 35% of the assessable profits).
The tax deduction for voluntary contributions made by employers to the Mandatory Provident Fund for employees aged 65 or above has been increased from 100% to 200% with the 2023-24 budget.
Special deductions are provided for R&D expenditure (100%; or 300% deduction on the first HKD 2 million and 200% on the excess, according to the type of investment), purchases of patent rights, rights to know-how, copyrights, registered designs and trademarks, capital expenditure on the provision of prescribed fixed assets including manufacturing machinery and computer software, etc. Capital expenditure, start-up expenses, internal expenditure and any other spending that is not incurred to earn income are not tax-deductible.
Net operating losses can be carried forward indefinitely, whereas loss carryback is not allowed. Capital losses are not tax-deductible.
For further information, consult the dedicated page on the website of the Inland Revenue Department.

Other Corporate Taxes

Stamp duties and special stamp duties are levied: 0.26% of the value of the shares transferred; up to 4.25% on the sale and conveyance of non-residential property; 15% on residential property (exemptions apply), plus a special stamp duty ranging from 10% to 20% if the residential property is sold within 36 months.
A buyer's stamp duty at a flat rate of 15% is payable on the acquisition of Hong Kong residential properties by any person (including Hong Kong and foreign corporations) except a Hong Kong permanent resident.

A property tax is charged annually to the owner of any land or buildings in Hong Kong at the standard rate of 15% on the net assessable value of such land or buildings (minus a statutory allowance of 20% on the net assessable value for repairs and maintenance). The government also levies indirect taxes as privately owned land in Hong Kong is normally held by way of a government lease: the rate is generally 3% of the rateable value of the property.

Under the Mandatory Provident Fund scheme, employers are required to make a mandatory contribution for their employees that is equal to 5% of their monthly income (the relevant minimum and maximum income levels are HKD 7,100 and HKD 30,000, respectively).

Other Domestic Resources

Inland Revenue Department of Hong Kong

Tax Rate

Allowable Deductions and Tax Credits

Business expenses, self-education expenses, home loan interest, mandatory provident fund (MPF) contributions and elderly residential care expenses are some examples of deductible items. Most of the deductions are capped at a specified limit. Separate personal allowances are provided depending on the individual's social situation. Elderly residential care expenses paid to a residential care home in respect of a parent or grandparent of a taxpayer or spouse are deductible up to a maximum of HKD 100,000. A deduction is allowed for self-education expenses paid for employment-related courses. The maximum amount of deduction allowed for each tax year is HKD 100,000 for the year of assessment 2023/24. For the same year, contributions to a recognised occupational retirement scheme or an MPF scheme are deductible up to a maximum of HKD 18,000. Home loan interest paid can be deducted by a person if the property is owned by that person and is occupied by that person as their place of residence during the year of assessment, capped at HKD 100,000 per year for 20 years of assessment. Charitable donations made in cash to approved charitable institutions are allowable if the aggregated amount for a year of assessment is at least HKD 100, limited to 35% of the assessable income after allowable deductions of the year of assessment.

Several personal allowances are also available, including a basic allowance of HKD 132,000, an allowance of HKD 264,000 for married couples, HKD 260,000 for the first year of each child, plus HKD 130,000 for every following year, etc. For further information, consult the dedicated page on the website of the Hong Kong government, as well as the IRD website.

Special Expatriate Tax Regime

There is no special expatriate tax regime in Hong Kong. The source of income from an office is determined by the location at which the company paying the fees is centrally managed and controlled.
An individual who visits Hong Kong for no more than 60 days in a tax year (from 1 April to 31 March of the following year) is not liable to taxation on employment income.