Disguised employment relationship ▸ Conditions for s.9A о 。 There is an agreement (verbal or written) 。 Services have been carried out under the agreement by an individual ("the Relevant Individual") for the "relevant person" or any other person; and 。 Remuneration for the services has been paid to a corporation controlled by the Relevant Individual Effects 0 The relationship between the "relevant person” (i.e. the fee payer) and the Relevant Individual (i.e. the service provider) is treated as an employer-employee relationship. • Remuneration for the services are deemed to be income derived by the Relevant Individual from employment and hence chargeable to Salaries tax. 0 ⚫ The "relevant person” must comply with the filing obligations as an employer. Disguised employment relationship To avoid double taxation • Service company Service fee received is not chargeable to profits tax and accordingly, no deductions or depreciation allowance will be allowed The Relevant Individual Remuneration paid to him by the service company is not chargeable to salaries tax to the extend that the remuneration is attributable to services carried under the agreement
Disguised employment relationship ▸ Conditions for s.9A о 。 There is an agreement (verbal or written) 。 Services have been carried out under the agreement by an individual ("the Relevant Individual") for the "relevant person" or any other person; and 。 Remuneration for the services has been paid to a corporation controlled by the Relevant Individual Effects 0 The relationship between the "relevant person” (i.e. the fee payer) and the Relevant Individual (i.e. the service provider) is treated as an employer-employee relationship. • Remuneration for the services are deemed to be income derived by the Relevant Individual from employment and hence chargeable to Salaries tax. 0 ⚫ The "relevant person” must comply with the filing obligations as an employer. Disguised employment relationship To avoid double taxation • Service company Service fee received is not chargeable to profits tax and accordingly, no deductions or depreciation allowance will be allowed The Relevant Individual Remuneration paid to him by the service company is not chargeable to salaries tax to the extend that the remuneration is attributable to services carried under the agreement
Chapter9: Payroll, Estimated Payments, And Retirement Plans
Section: Chapter Questions
Problem 1MCQ
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It is talking about "Hong Kong Tax system, tax planning, type I service company, disguised employment relationship", can you explain these two slides? What is condition and what is effect? And if the service fee is chrageable to salaries tax and profit tax? As these two slides have some contradiction between if it is chargeable to salaries and profit tax. Or I interpreted it wrongly.
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