Completion of Employer’s Return in Hong Kong

1. Our accounts are closed on 31 December. Can we file form IR56Bs same as our accounting date?

No. The basis period for Salaries Tax runs from 1 April of the current year to 31 March of the succeeding year. Hence, form IR56Bs must be completed for the relevant year ended 31 March.

2. We are a holding company. Should we include employees of our subsidiaries in our Employer’s Return?

No. The obligation to file employer’s returns rests with the employer shown in the respective employment contract. You and your subsidiaries should file separate employer’s returns.

3. Is it necessary to report the income paid to shareholders or directors of a limited company?

Dividends paid to shareholders of a limited company are not required to report because dividends are not taxable.

On the other hand, directors’ salaries and directors’ fees are chargeable to Salaries Tax and should be reported by means of form IR56B.

4. Can I print my own form IR56B, the format of which is the same as those issued by the Inland Revenue Department ("IRD") to the employers?

No. If you wish to submit paper form IR56B, you must use the form IR56B provided by the IRD.

5. An employee resigned on 30 April 2022 without giving notice. My company has not yet filed any IR56B in respect of his remuneration. Which form should be used, should I file IR56B or IR56F?

In this circumstance, the following forms in respect of this employee should be filed.

(i) An IR56B for year of assessment 2021/22 covering the period up to and including 31 March 2022; and

(ii) an IR56F covering the period from 1 April 2022 to 30 April 2022.

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