Tax and Business Registration of Internet Business in Hong Kong
FAQ 1. Is there any specific provision in the Business Registration Ordinance (“BRO”) in respect of internet businesses?
Although the BRO does not contain any specific provision in respect of internet businesses, a person who carries on a business through the internet is required to comply with the business registration requirements.
FAQ 2. Is it necessary to apply for business registration if only second-hand goods are traded through an online trading platform?
A person who carries on trading activities is required to apply for business registration if the activities constitute a business under the BRO and are conducted in Hong Kong. This requirement applies for second-hand goods trading.
FAQ 3. Is there any restriction on the age of applicant for business registration?
There is no restriction on the age of applicant for business registration.
FAQ 4. If a person who carries on a business through the internet is under the age of 18, how does he or she apply for a business registration?
If a minor carries on a business, the minor and his or her trustee, including guardian, are obliged to apply for business registration.
FAQ 5. Is an individual who derived profits from online transactions required to pay profits tax?
The Inland Revenue Ordinance provides that every person who carries on a trade, profession or business in Hong Kong and derives profits therefrom which arise in or are derived from Hong Kong has to pay profits tax. Based on the totality of facts of the case, the IRD will determine whether a person is chargeable to profits tax in respect of profits derived from transactions carried on through the internet.
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