General
- Hong Kong has concluded more than 30 bilateral comprehensive tax treaties.
- Hong Kong tax residency certificate, i.e. Certificate of Resident Status, is issued by IRD.
- IRD takes a more strict approach to issue the Certificate of Resident Status in order to avoid treaty abuse.
- IRD generally requires the company to have its management or control normally exercised in Hong Kong for granting the Certificate.
Factors to determine place of management or control
(i) Whether directors have a place of residence in Hong Kong
(ii) The place of board meetings
(iii) Whether the company has employees in Hong Kong and their duties
(iv) Whether the company has physical office or fixed place of business in Hong Kong
Renewal
TRC is valid for one year and renewed on a calendar year basis except TRC issued under the Hong Kong and PRC DTA which can prove the Hong Kong tax residence status for that year and the succeeding two years.
Employment Income Reporting
Employers are required by law, section 68, subsection 2 of the Income Tax Act to prepare annual report (i.e. IR8A including relevant appendix) for employees who are employed in Singapore by 1 March each year.
Employer is required to distribute IR8A to each employee by 1 March of the following year.
Employee will then proceed with individual income tax submission by 15 April each calendar year (for paper filing) and 18 April each calendar year (for e-filing)
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