China Tax/Business News Flash

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Apr 2013, Issue 10

New application forms for Hong Kong tax resident certificate – Any impact on the claiming of treaty benefits from the Mainland?

On 2 Apr 2013, the Hong Kong Inland Revenue Department (IRD) issued a news alert advising that a set of new forms have to be used in applying for a Hong Kong tax resident certificate (HKTRC) under a comprehensive double tax agreement/arrangement (CDTA) entered by Hong Kong effective from 1 Apr 2013. Different application forms are now to be used in applying for a HKTRC under the HK-Mainland CDTA and other HK CDTAs respectively. For the purposes of the HK-Mainland CDTA, Hong Kong incorporated companies should find the HKTRC application process has been simplified and straight forward. On the other hand, non-Hong Kong incorporated companies will have to be better prepared for the seemingly tightened standard adopted by the IRD in assessing their Hong Kong resident status. The information requested in the revised HKTRC application form for the non-Hong Kong incorporated companies is more detailed and is expected to have implications on claiming treaty benefits under the HK-Mainland CDTA.

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