Bir60 Eguide
Bir60 Eguide
Bir60 Eguide
Guide to
Tax Return- Individuals
(BIR60) (4/2015)
1
Part 2 Notification
• Tick the appropriate box if any item listed is applicable and complete the relevant
part(s) in the Appendix.
• Tick box 3 if you have appointed an authorized representative, whether existing or
newly appointed.
• Inform this Department immediately in writing if there is any change of appointment
of authorized representative after tax return is filed.
Part 3 Property Tax
• Only report details of properties which you were the SOLE OWNER, as registered in
the Land Registry, and were LET during the year in this part.
• Do not report rental income from properties jointly owned or co-owned by you
here. Separate Property Tax Returns will be issued in respect of the jointly owned
or co-owned properties. If you have not received a Property Tax Return for any let
property that is jointly owned or co-owned by you, please fill in Form IR6129 or
inform this Department in writing. You may get this form from our web site or the
‘Fax-A-Form’ Service. Please refer to the front cover for more information.
• The property location should be the full address as registered in the Land Registry.
• The rental income in item (3) should be the gross rental income for the whole letting
period in the year, not monthly rental.
• Apart from the deductions in item (4), you are not entitled to any further deductions
such as Government rent, management fee, renovation or refurbishment expenses
and utilities charges, etc. A statutory allowance for repairs and outgoings at 20% of
the assessable value will be automatically granted in the assessment.
• If you had more than two SOLELY-OWNED properties let during the year, supply
details of other properties in the same format on a separate sheet. Then enter the
TOTAL no. of properties let, amount of the rates paid by you and irrecoverable rent
and assessable value of all properties let in boxes 7 , 8 and 9 respectively.
• In case you are the executor of the estate of a deceased SOLE OWNER of properties,
you should declare income from the properties owned by the deceased in the return
issued to you in the capacity of the executor of the estate of the deceased owner, not
in your own return.
Attention: Election for Personal Assessment may reduce your tax liability.
Part 4 Salaries Tax
• You should report income (before deducting your mandatory contributions to
recognized retirement schemes) arising in or derived from Hong Kong which is
received or receivable during the year. Income includes income from an office,
employment (on a full-time, part-time or casual basis) or pension from a former
employer.
• Even if full or partial tax exemption is claimed or relating back of lump sum is
applied, the gross amount should be declared in box 22 . Fill in the amount to be
excluded in box 26 and complete Section(s) 2, 3 and / or 4 of the Appendix.
4.1 Income Accrued to Me During the Year
• Income includes all income and perquisites from the employer or others. Award of
shares and share option gain are chargeable income. For share option gain, the gain
will be taxable when the option is exercised, assigned or released. Even if the option
is exercised after you have left the employment, the gain is still taxable.
• Holiday journey benefits are taxable. The benefits are to be assessed by reference to
the amount paid by the employer for such benefits.
• Please refer to ‘Related Tax Rules’ for types of income to be included, their
definitions and / or computation methods. Please refer to the notes on the front
cover of this Guide Book on how to obtain a copy of the rules.
2
• Example to show how Part 4.1 is to be completed
Details of income from Company A Details of income from Company B
Salary $75,000 Salary $180,000
Commission 10,000 Commission 4,000
Share awards (Note 1) 5,000 Share option gain (Note 2) 30,000
Cash Allowance 3,000 Income from an overseas company 120,000
Contract gratuity (Note 3) Salaries tax paid by employer 8,000
(1/7/2013 – 30/6/2015) 150,000 Bonus 2,500
$243,000 $344,500
(Note 1) Share Awards
Company A granted the employee 2,000 shares on 5/5/2015 as a part of the
employee’s remuneration. On this date, the market value was $2.5 per share.
Calculation of taxable amount in year 2015/16: $2.5 x 2,000 = $5,000
(Note 2) Share Option Gain
On 15/7/2015, Company B granted an option to the employee to purchase 1,000
shares in Company B at an exercise price of $100 per share. The employee had
3 years to exercise the option. On 5/8/2015, the employee exercised his option
to purchase 600 shares. The market price on this date was $150 per share. On
25/5/2016, he exercised his option again to purchase 400 shares. The market
price on this date was $160 per share.
Calculation of taxable amount in year 2015/16: $(150 – 100) x 600 = $30,000
Calculation of taxable amount in year 2016/17: $(160 – 100) x 400 = $24,000
(Note 3) Relating Back of Contract Gratuity
The contract gratuity $150,000 was received for the contract period of 24
months from 1/7/2013 to 30/6/2015.
Calculation of taxable amount in year 2015/16: $150,000 x 3/24 = $18,750
Calculation of taxable amount to be related back to years:
2013/14: $150,000 x 9/24 = $56,250; 2014/15: $150,000 x 12/24 = $75,000
State all employers from which you derived
income chargeable to tax during the year, Enter your gross income before contributions to MPF scheme
including part-time jobs (Do not include or ORSO scheme from each employer. Exclude non-taxable
any business(es) in which you or your termination payments which the employer paid to you in
spouse is the proprietor / partner). accordance with the Employment Ordinance.
4.1 INCOME accrued to me during the year (report amount before deducting your mandatory contributions to recognized retirement schemes
and exclude amount reported in Part 4.2)
(1) Name of employer Capacity employed Period Total amount ($)
This box
Company A Manager 1.4.2015 – 30.6.2015 243,000 MUST be
Company B Senior Manager 1.7.2015 – 31.3.2016 344,500 completed.
Pension
(2) Amount to be excluded from the grand total by reason of relating back of the
amount in box 24 and / or exemption of income $ 1 3 1 2 5 0 26
(Must also complete Section(s) 2, 3 and / or 4 of the Appendix if the above item (2) is applicable.)
(3) I received income from an overseas company for my employment
or services rendered in Hong Kong. No Yes 3 27
(4) My employer(s) paid Salaries Tax for me. No Yes 3 28
If you had received any of If you wish to claim exemption of Tick here if you had Tick here if your
these items of income during income and / or relating back of income from an overseas employer paid
the year, enter the amounts a lump sum payment to an earlier company in connection S a l a r i e s Ta x
in the appropriate boxes. period in respect of income with your employment / on your behalf
The amounts should also be reported in box 24 , enter the assignment in Hong Kong during the year.
included in box 22 of item amount here. Also complete the or services rendered in Otherwise, tick
(1) above. Full particulars of additional details in Section(s) Hong Kong. Otherwise, the ‘No’ box.
share option gain should be 2, 3 and / or 4 of the Appendix. tick the ‘No’ box.
supplied on a separate sheet. (Please refer to Page 11 of this
Guide for details.)
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4.2 Place of Residence Provided by Each Employer or Associated
Corporation During the Year
• A place of residence provided to you by your employer or its associated corporation
is chargeable to tax based on the ‘rental value’. Rental value is calculated as a
percentage of the total income from your employer and the associated corporation
which provided the residence after deductions of the outgoings and expenses. The
percentage used depends on the nature of the residence provided:
Nature of Residence Percentage
House or flat, including serviced apartment 10
Hotel, hostel or boarding house accommodation – no more than 2 rooms 8
Hotel, hostel or boarding house accommodation – no more than 1 room 4
• If the place of residence is a residential property, you may elect to substitute the
rental value at 10% with the rateable value.
• Examples to show calculation of value of place of residence provided by
your employer for the full year:
Period provided: 1/4/2015 to 31/3/2016 Scenario 1 Scenario 2
Income for the year $810,000 $3,010,000
Rent paid by your employer to landlord $240,000 –
Rent paid by you to the landlord – $360,000
Rent paid by you to your employer $36,000 –
Rent refunded to you by your employer – $300,000
Deductible outgoings and expenses $10,000 $10,000
Rateable value per Demand for Rates $166,000 $280,000
Rateable value of place of residence provided $130,000 $220,000
(after deduction of rent paid or rent suffered, if any)
Value of place of residence provided $44,000 $240,000
Scenario 1:
Value of place of residence provided
= $(810,000 – 10,000) x 10% – $36,000
= $44,000
Enter $44,000 in box 29 .
Enter the details for each of the places of residence provided to you by your
employer(s) or any associated corporation during the year.
4.2 PLACE OF RESIDENCE PROVIDED by each employer or associated corporation during the year
Nature (e.g. house, flat, serviced Name of my EMPLOYER or ASSOCIATED
Address Period provided
apartment, no. of rooms in hotel, etc.) CORPORATION providing residence
A1 Richard Gardens, Big Road, Hong Kong Flat 1.4.2015 – 31.3.2016 Chan & Co Ltd
Rent paid by my EMPLOYER or Rent paid by ME Rent refunded to ME by my EMPLOYER Rent paid by ME to my EMPLOYER or Rateable value,
ASSOCIATED CORPORATION to landlord ($) to landlord ($) or ASSOCIATED CORPORATION ($) ASSOCIATED CORPORATION ($) if elected ($)
240,000 - - 36,000 -
Total value of ALL places of residence provided $ 4 4 0 0 0 29
Scenario 2:
Value of place of residence provided
= $(3,010,000 – 10,000) x 10% – $(360,000 – 300,000)
= $240,000
Enter $220,000 in box 29 , since it is more advantageous to elect for rateable value.
• If the place of residence is provided for part of the year, the amounts in the calculation
should be for the period provided. Adjust the rateable value proportionately if the place
of residence was not provided for the full year and you have elected for rateable value.
• If the computed value of the places of residence provided by employers is in the
negative, enter ‘0’ in box 29 .
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4.3 Deductions
(1) Outgoings and expenses are limited to those wholly, exclusively and necessarily incurred
in the production of your assessable income, not being expenses of a domestic or private
nature and capital expenditure.
(2) Expenses of self-education (box 31 )
• Deductible education expenses include tuition and examination fees in connection with
a prescribed course of education or fees of an examination set by specified education
providers or trade, professional or business associations. The course or the examination
must be for gaining or maintaining qualifications for use in any employment.
• A ‘prescribed course of education’ is one undertaken at a specified education provider
(list of providers is available at www.gov.hk/en/residents/taxes/salaries/allowances/
deductions/selfeducation.htm), such as university, college, school, technical institution,
training centre, institution specifically approved by the Commissioner of Inland Revenue
or a training or development course provided by a trade, professional or business
association or one accredited or recognized by specified professional bodies or institutions.
• Deduction is only allowed if the expenses have not been or will not be reimbursed by the
employer or any other person, unless the reimbursed or reimbursable amount has been or
will be included in the assessable income. If the amount was reimbursed to you after it has
been claimed or allowed for deduction, you should inform this Department immediately.
• The deductible amount shall not exceed the amount prescribed in the Inland Revenue Ordinance.
(3) Approved charitable donations (box 32 )
• Donations must be in respect of those made to tax-exempt charities in Hong Kong or
Government for charitable purposes and supported by receipts. List of tax-exempt
charities is available at www.ird.gov.hk/eng/pdf/e_s88list_emb.pdf.
• The aggregate deduction of approved charitable donations must not be less than $100 and
shall not exceed 35% of your income after allowable expenses and depreciation allowances.
• Enter TOTAL AMOUNT of approved charitable donations made during the year.
Donations already claimed in your spouse’s return should be excluded.
(4) Mandatory contributions to recognized retirement schemes in capacity of an employee (box 33 )
• Enter the actual amount of contributions made to occupational retirement scheme
(ORSO Scheme) or the amount of mandatory contributions paid by you as an employee
to a Mandatory Provident Fund Scheme (MPF Scheme). The deductible amount shall
not exceed the amount prescribed in the Inland Revenue Ordinance.
Attention: You must read Section (B) on Page 1 on documentary evidence in support of
your deduction claims made under this Part.
4.4 Election for Joint Assessment
• A married couple may elect to receive a joint assessment under Salaries Tax if they would
pay less tax under a single assessment based on their combined income and allowances than
under two separate assessments based on their respective individual incomes and allowances.
• There is no need for joint assessment election if your spouse did not have any income
chargeable to Salaries Tax. You should complete Part 8.1 and Married Person's Allowance
will be given to you automatically. Refer to Part 8.1 on page 9 for further details.
• A married couple electing for Joint Assessment are still required to complete their returns
which they received. You and your spouse must sign in Part 9 on both returns to indicate
that you both agree to elect for joint assessment.
Part 5 Profits Tax
• Report sole proprietorship businesses [whether the business(es) had any activities or not]
in this Part. If you had more than two sole proprietorship businesses, supply details in the
same format on a separate sheet. [See Section (B) on Page 1]
• Complete items (1) and (2) and enter ‘0’ in items (3) to (9) for sole proprietorship
businesses which were dormant or had already ceased business for the whole year.
• Do not report partnerships of which you were a partner or sole proprietorship businesses
which had changed to partnerships and vice versa during the year. Separate Profits Tax
returns will be issued to the partnerships.
• Do not report corporations of which you were a shareholder. Separate Profits Tax returns
will be issued to the corporations.
• Declare the profits / (losses) from the businesses, trades or professions for the basis period.
‘Basis period’ means either the year ended 31 March during the relevant year of assessment
or the accounting period ending on a day within the relevant year of assessment.
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Completion of items in Part 5
• Gross income means all types of income, including ordinary business income, proceeds
from sale of capital assets and other non-taxable receipts, whether or not derived from the
principal activities. (boxes 36 & 44 )
• Turnover includes amounts received / receivable from goods sold or services rendered.
(boxes 37 & 45 )
• Gross profit / (loss) is the amount of turnover after deducting cost of goods sold. For a
business not involving sale of goods, enter ‘0’ for this item. (boxes 38 & 46 )
• Assessable profits / (Adjusted losses) must be computed in accordance with the Inland
Revenue Ordinance. Add non-deductible expenses charged in the accounts to the net
profit per account or deduct from the net loss to arrive at the assessable profits / (adjusted
losses). Salaries paid to, benefits received by the proprietor or his / her spouse, proprietor’s
domestic or private expenditure, capital expenditure and non-business expenses are not
deductible. For more details, refer to ‘Related Tax Rules’. See the front cover of this Guide
Book on how to obtain a copy. (boxes 40 & 48 )
• You may use the PROFORMA PROFITS TAX COMPUTATION FORM [IR957A(e)]
and attach it to your return. Each business should have a separate computation. See the
front cover of this Guide Book on how to obtain a copy.
Attention: Election for Personal Assessment may reduce your tax liability.
Documents and Information to be Submitted in Part 5
(a) For each business with gross income not exceeding $2,000,000 for the basis period:
Supporting documents listed in (b) below need not be submitted with the return.
However, you must complete the return in accordance with the supporting documents.
Retain these documents as you may be required to submit them later.
(b) For each business with gross income over $2,000,000 for the basis period, provide:
(i) A certified copy of the Statement of Financial Position / Balance Sheet and Statement
of Comprehensive Income / Profit and Loss Account for the basis period;
(ii) A tax computation with supporting schedules showing how the amount of
assessable profits / (adjusted losses) has been arrived at;
(iii) A Realization Statement if the business ceased during the year. If the business was
transferred to and carried on by another person, provide the name under which the
business is carried on by the transferee;
(iv) In respect of interest paid, the names and addresses of the recipients together with the
purpose for which the money was borrowed and any security provided to the lenders;
(v) A list of all new capital items (e.g. plant and machinery, vehicles, furniture and
buildings) purchased during the basis period, the date of purchase and purchase
price of each item. For items acquired under hire purchase agreements, state the
purchase price and the number and amount of instalments paid, excluding interest;
(vi) Changes in the method of valuation of opening or closing inventories or work in
progress if applicable;
(vii) A list of properties rented. For each property rented, state full name and address
of the landlord or recipient of rent paid, the exact location of the property, the
total rent paid and the period covered;
(viii) Payments made to contractors and / or subcontractors and commission paid
showing the amount, full name and address of the recipients and I.C. numbers
or business registration numbers if available. [The information can be supplied
in Form IR56M which is available from this Department on written request by
quoting the business registration number of your business(es).]
(c) Sufficient records must be kept for each business and retained for at least 7 years after
the date of the transaction to which they relate.
Part 5A Deemed Assessable Profits under section 20AE and/
or 20AF of the Inland Revenue Ordinance
• If the assessable profits of a non-resident person/special purpose vehicle beneficially owned by
a non-resident person are exempt from tax under section 20AC/20ACA of the Inland Revenue
Ordinance, and if the non-resident person is your associate or you, alone or jointly with your
associate(s), hold 30% or more of beneficial interest in the non-resident person, you are
required to ‘3’ in box 50b and declare the deemed assessable profits in Section 6 of the
Appendix. See Schedule 15/15A of the Inland Revenue Ordinance in calculating the deemed
assessable profits and ‘Related Tax Rules’ in this Department's web site for details.
6
Part 6 Personal Assessment
• Under Personal Assessment, your / your and your spouse’s incomes from all sources are
aggregated to compute tax liability. Personal Assessment may reduce your tax liability.
However, if you and your spouse have employment income only, there is no need to
elect for Personal Assessment as it cannot reduce your and your spouse’s tax liability.
• The elector must be of or above the age of 18, or under the age of 18 and both his / her
parents are dead. He / She or his / her spouse, if married, is either a permanent or temporary
resident in Hong Kong. (‘Permanent resident’ means an individual who ordinarily resides in
Hong Kong. Please refer to Part 8.4 on page 9 of this Guide for the explanation of ‘ordinarily
resident in Hong Kong’. ‘Temporary resident’ means an individual who stays in Hong Kong
for more than 180 days during the year of assessment in respect of which the election is
made or for more than 300 days in 2 consecutive years of assessment one of which is the
year of assessment in respect of which the election is made.)
• You must complete this part even though you and / or your spouse have / has made the
election for Personal Assessment in other Profits Tax returns or Property Tax returns.
Part 7 Deduction for Interest Payments
7.2 Claim for Deduction for Interest Payments to Produce Rental Income from Properties
• If you have elected for Personal Assessment in Part 6, you may claim deduction of
interest paid by you during the year in respect of a loan obtained for the purpose of
acquiring a solely / jointly owned or co-owned property in Hong Kong which was let.
• Fill in your share of interest paid. Your share of interest must be proportional to the
number of joint tenants / share of your ownership. Amount allowed for deduction will not
exceed the net assessable value of each individual property as proportionately reduced.
• Interest payments relating to periods when the property was not let (e.g. occupation as
residence for your own family or vacant) are not deductible.
7.3 Claim for Deduction for Home Loan Interest
• You may claim deduction of interest paid by you in respect of a loan obtained for the
purpose of acquiring a property in Hong Kong which was used by you as your place of
residence, provided that the loan was secured by a mortgage or charge and the lending
institution providing the loan to you was an approved one.
• Fill in your share of interest paid. Your share of interest must be proportional to the
number of joint tenants / share of your ownership. Amount allowed for deduction will
be restricted to the prescribed amount as proportionately reduced.
• This deduction can be claimed under Salaries Tax or Personal Assessment. From the
year of assessment 2012/13 onwards, the number of years of deduction is extended
from 10 to 15 years of assessement, whether consecutively or not.
• Ownership of a property is by reference to the registered owners of the property as
shown in the record of the Land Registry.
• Spouse nomination: Your spouse who is entitled to a deduction for home loan interest
but has no income chargeable to tax, may nominate you to claim the deduction,
see examples under Scenario 2 and Scenario 3. If your spouse has income from
employment, property, trade, profession or business chargeable to tax, he / she should
not make the nomination but to elect for Joint Assessment or Personal Assessment, see
example under Scenario 4.
• Examples to show how Parts 7.2 and 7.3 are to be completed
Scenario 1: You have 2 solely-owned properties, Property A and Property B. Property
A was used as a residence for the full year and the Property B was let for rental income
also for the full year. Property A was subject to a re-mortgaged loan.
Total interest paid by you:
Property A (1/4/2015 – 31/3/2016) = $142,500 (See example in Part 7.4 for calculation
of deductible interest $120,000.)
Property B (1/4/2015 – 31/3/2016) = $240,000
Scenario 2: You have income chargeable to tax. Property A is owned by your spouse
and used by the family as residence. Your spouse does not have income chargeable to
tax and wishes to nominate you to claim interest deduction.
Total interest paid by your spouse:
Property A (1/4/2015 – 31/3/2016) = $120,000
7
Scenario 3: You and your spouse jointly own Property A for use as the family
residence. Your spouse does not have income chargeable to tax and wishes to
nominate you to claim his / her share of interest.
Total interest paid by you and your spouse:
Property A (1/4/2015 – 31/3/2016) = $120,000 (share per person, $60,000)
Scenario 4: You and your spouse jointly own Property A and Property B, which were used
at different periods as the family residence. Your spouse has income chargeable to tax.
Total interest paid by you and your spouse:
Property A (1/4/2015 – 30/6/2015) = $30,000 (share per person, $15,000)
Property B (1/7/2015 – 31/3/2016) = $180,000 (share per person, $90,000)
Parts 7.1, 7.2 and 7.3 should be completed as:
Part Scenario 1 2 3 4
7.1(1) Location of Property Pty A Pty B Pty A Pty A Pty A Pty B
7.1(2) Secured by a mortgage or 3 3 3 3 3 3
charge
7.1(3) A re-mortgaged loan is
Yes
involved
7.1(4) My share of ownership 100% 100% 0% 50% 50% 50%
7.2 My share of interest
payments to produce the 240,000
rental income
7.3(1)(i) Total home loan interest
142,500 120,000 120,000 30,000 180,000
payments
7.3(1)(ii) My share of home loan
142,500 60,000 15,000 90,000
interest payments
7.3(2)(i) Nominated by spouse to
Yes Yes
claim deduction
Not Not Not Not
7.3(2)(ii) My spouse's share of ownership
Applicable Applicable
100% 50% Applicable Applicable
7.3(2)(iii) My spouse's share of home
120,000 60,000
loan interest payments
7.3(3) Property was occupied as my 3 (Blank) 3 3 (Blank) (Blank)
residence for FULL YEAR
In Scenario 1 under Part 7.3, you had re-mortgaged the Property A to ABC Bank on
1/7/2015 to obtain a new loan of $2.5 million. At that date, the unpaid balance of the
old loan was $2 million. The total mortgage interest paid during the year was:
1/4/2015 – 30/6/2015 = $30,000 on old loan
1/7/2015 – 31/3/2016 = $112,500 on new loan
2,000,000
Calculation of the allowable interest: $30,000 + $112,500 x 2,500,000 = $120,000 *
* restricted to the ceiling (please refer to the yearly maximum limits printed overleaf at
the Appendix to BIR60)
7.4 Interest Payments Involving Re-mortgaged Loan
Part 7.4 should be completed as:
7.4(1) Name of lending institution for the re-mortgaged loan ABC Bank
7.4(2) Amount of the re-mortgaged loan $2,500,000
7.4(3) Interest paid for the re-mortgaged loan in the year $112,500
7.4(4) Period covered by the interest in item 7.4(3) above 1/7/2015 to 31/3/2016
7.4(5) Date of redemption of the previous mortgaged loan 30/6/2015
7.4(6) Balance of the previous mortgaged loan redeemed $2,000,000
7.4(7) Interest paid for the previous mortgaged loan in the year $30,000
7.4(8) Period covered by the interest in item 7.4(7) above 1/4/2015 to 30/6/2015
8
Part 8 Allowances and Elderly Residential Care Expenses
8.1 Married Person’s Allowance
• If you were married and your spouse did not have any income chargeable to Salaries Tax
during the year, you will be granted Married Person's Allowance under Salaries Tax. Please
tick box 79 and you need not complete Part 4.4.
• If you have elected for joint assessment under Salaries Tax in Part 4.4 and / or Personal
Assessment in Part 6, you will also be granted Married Person's Allowance.
• If you were living apart but had not divorced from your spouse (who did not have any income
chargeable to Salaries Tax) and you were maintaining or supporting him/her during the
relevant year of assessment, tick box 80 and state the amount of maintenance fees paid by
you during the year.
8.2 Child Allowance and Dependent Brother or Dependent Sister Allowance
• You may claim allowance in respect of an unmarried child / brother / sister if you or your
spouse at any time during the year maintained the child or were responsible, on an ongoing
basis, for the provision of daily care and supervision for the brother / sister provided that the
child / brother / sister was:
– under the age of 18 years; or
– of or over the age of 18 but under 25 and receiving full time education; or
– of or over the age of 18 and incapacitated for work by reason of physical or mental disability.
• An additional one-off Child Allowance will be granted in the year the child was born.
• If you and your spouse both have income chargeable to Salaries Tax, all Child Allowances
must be claimed by either one of you. The spouse who is nominated to claim the Child
Allowance should make the claim for Child Allowance in this part.
• Only one individual can be granted the Child Allowance or the Dependent Brother / Sister
Allowance in respect of the same person.
8.3 Single Parent Allowance
• If, throughout the year, you were single, divorced, widowed, married but living apart from
your spouse, and were responsible, on an ongoing basis, for the provision of daily care and
supervision for a child, you may claim Single Parent Allowance provided that you were
entitled to be granted Child Allowance in respect of that child.
• You are not entitled to Single Parent Allowance merely by making financial contribution
towards the maintenance and education of your child / children.
8.4 Dependent Parent and Dependent Grandparent Allowance and Elderly Residential Care Expenses
• You may claim allowance in respect of each dependent parent / grandparent maintained by
you / your spouse, not being a spouse living apart from you, during the year provided that the
dependant must at any time during the year be:
– ordinarily resident in Hong Kong, which means that the dependant must be habitually
and normally resident in Hong Kong. To determine whether a dependant is ordinarily
resident in Hong Kong, the Department may consider objective factors including:
(i) the number of days he / she stayed in Hong Kong; (ii) whether he / she has a permanent
dwelling in Hong Kong; (iii) whether he / she owns a property for residence outside Hong
Kong; (iv) whether he / she works or carries out a business in Hong Kong ; (v) whether
his / her relatives are mainly residing in Hong Kong;
– aged 55 or more, or eligible to claim an allowance under the Government’s Disability
Allowance Scheme; and
– resided with you / your spouse, without paying full cost, for a continuous period of not
less than 6 months or have received from you / your spouse not less than $12,000 in money
towards his / her maintenance.
• If the dependent parent / grandparent resided with you continuously throughout the whole
year without paying full cost, you are also entitled to Additional Dependent Parent /
Grandparent Allowance.
• If the dependent parent / grandparent was aged 60 or over, or eligible to claim an allowance
under the Government’s Disability Allowance Scheme during the year and resided at a
residential care home, you may choose to claim deduction of Elderly Residential Care
Expenses that were paid by you / your spouse instead of Dependent Parent / Grandparent
Allowance. If you claim both the Dependent Parent / Grandparent Allowance and deduction
of Elderly Residential Care Expenses in respect of the same dependant, only the deduction
for Elderly Residential Care Expenses will be allowed.
• Deduction for Elderly Residential Care Expenses is limited to the amount of related
residential care expenses paid by you / your spouse. Any amount subsequently reimbursed by
any person or organisation should be excluded.
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• Only one individual can be granted the Dependent Parent / Grandparent Allowance or the
Elderly Residential Care Expenses in respect of the same person.
Disabled Dependant Allowance
If you are granted Married Person’s, Child, Dependent Brother / Sister, Dependent
Parent / Grandparent Allowances or allowed deduction for Elderly Residential Care
Expenses in respect of a dependant who is eligible to claim an allowance under the
Government’s Disability Allowance Scheme during the year, you are also entitled to
claim a Disabled Dependant Allowance in respect of that disabled dependant. Please
tick appropriate box(es) in Parts 8.1, 8.2 and / or 8.4.
Attention: For claims of the above allowances and / or Elderly Residential Care
Expenses, the Department may verify the information with the Social
Welfare Department.
Part 9 Declaration
Heavy penalties may be incurred for making an incorrect return or committing other
offences.
OFFENCES AND PENALTIES
• The Inland Revenue Ordinance provides heavy penalties for any person who:
– fails to comply with the requirements of a notice to make a return without
reasonable excuse;
– makes an incorrect return without reasonable excuse;
– makes a false return with fraudulent intent to evade tax;
– fails to give notice of a change or cessation of employment without reasonable excuse;
– fails to notify a change of address without reasonable excuse;
– fails to keep sufficient records of business income and expenditure without
reasonable excuse (maximum fine $100,000);
– fails to give notice of the cessation of a trade, profession or business without
reasonable excuse;
– fails to give notice of cessation of ownership of a property without reasonable
excuse; or
– fails to keep sufficient records of rental income of property without reasonable excuse.
• EVASION OF TAX IS A CRIMINAL OFFENCE. THE MAXIMUM PENALTY
is a fine of $50,000 PLUS a further fine of 3 times the amount of tax undercharged
and imprisonment for 3 years.
For failure to file tax return within the stipulated time or incorrect return cases, the
Commissioner or a Deputy Commissioner may, instead of prosecuting, make an
assessment of additional tax under section 82A of the Inland Revenue Ordinance. The
maximum amount of additional tax provided by law is 3 times the tax that has been
undercharged. You may visit www.ird.gov.hk/eng/pol/ppo.htm or use the 'Fax-A-Form'
Service to view / get the Penalty Policy Statement of this Department.
PART 9 DECLARATION
I declare that the information given in this return, its Appendix (if applicable) and any other documents attached is true, correct
and complete.
Date 20 May 2016 Signature T. M. Chan
IF YOU WERE MARRIED FOR ALL OR PART OF THE YEAR AND
(1) HAVE ELECTED FOR JOINT ASSESSMENT (in Part 4.4)/PERSONAL
Spouse's
ASSESSMENT (in Part 6), OR
(2) HAVE BEEN NOMINATED BY YOUR SPOUSE TO CLAIM HOME
LOAN INTEREST DEDUCTION (in Part 7.3),
Signature Lee Siuling
YOUR SPOUSE MUST SIGN HERE TO INDICATE AGREEMENT.
[ Heavy penalties may be incurred for making an incorrect return or committing other offences – See Part 9 of the Guide ]
Please put down the date on You must sign here to Do not forget to ask your spouse to
which you complete the return make the declaration. # sign here if the conditions stated in the
and sign the declaration. green box are applicable to you. #
# If you are unable to write, the affixing of a name-chop, thumbprint or mark as your
signature will be accepted, provided that it is witnessed by a person who is aged 18 or
over. The witness must sign, state his / her name and Identity Card number beside the
signature to evidence that the return is signed by you.
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Appendix to BIR60
Section 2 Application for a Lump Sum Included under Part 4.1 of BIR60 to
be Related Back
Please refer to the example in Part 4.1 on page 3 of this Guide.
Section 2 APPLICATION FOR A LUMP SUM INCLUDED UNDER PART 4.1 OF BIR60 TO BE RELATED BACK
Period to which Date received Amount to be related back
Name of employer Nature of payment Amount ($) payment relates Day / Month / Year to previous year(s) ($)
1/7/2013–
Company A Contract gratuity 150,000 30/6/2015 30/6/2015 131,250
This amount should have been included in Box 22 and This amount should be stated in Box
should be stated in Box 24 in Part 4.1 of BIR60. 26 in Part 4.1 of BIR60.
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