01Introduction to HK taxation system -s

Other 35 35 the board of inland revenue composition s

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Unformatted text preview: other 35 35 The Board of Inland Revenue Composition : {s 3(1)} The Financial Secretary 4 other members appointed by the other Chief Executive, of whom not more than one shall be an official in the employment of the Government employment 36 36 1 secretary – Deputy Commissioner secretary of Inland Revenue (DCIR) of Quorum: 3 Members Decisions: Majority Votes Operates independently from IRD 37 37 Power/Duties of BIR (Ss.85,86) To prescribe forms / returns and their To contents contents To prescribe what is or is deemed to be To included in, or excluded from, the expression “machinery or plant” and the expression “implement, utensil or articles” ( ) 38 38 To make and review Inland Revenue Rules To (Subject to Legislative Council’s approval), including rates of depreciation annual allowance for plant and machinery ( ) To prescribe procedures for IRD on To application for refunds and relief ( ), appeals, and miscellaneous as authorized authorized To prescribe any procedure to be followed To in relation to all appeal to the Board of Review (from 13 June 1997) Review 39 39 Board of Review (BoR) An administrative tribunal - its An decisions have no bring force decisions To hear appeals against tax To assessments upon CIR’s determination (appeal vs objection) (appeal To hear appeals to section 82A To additional tax (a penalty for tax evasion) evasion) 40 40 To hear CIR’s application for To approval to request for a statement of assets and liabilities assets Doctrine of precedent i.e. decision is Doctrine deemed to be binding unless higher level court decision is made to the contrary contrary Decision is to be published Case is not heard in public 41 41 Proceeding( ) is bilingual Pre-hearing review procedure – Pre-hearing voluntary, done at very early stage of the proceedings to identify issues and differences between the parties differences Constitution: 1 Chairman (Senior Counsel) 10 deputy chairman 42 42 Not more then 150 other members 1 clerk to BOR Quorum: >=3 members Decisions: Majority vote Remuneration: Determined by Chief Remuneration: Executive Executive 43 43 Returns and assessment (Please read chapter 7 Returns of Advanced Taxation in Hong Kong) of Rights / powers of IRD, e.g. Assessors can require return...
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