11 Objection & Appeals - s - Unit 11 Objection...

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1 Unit 11 Objection & Appeal
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2 LEARNING OBJECTIVES Explain the right of taxpayer to object against an assessment Understand the procedures for lodging a valid objection Describe the procedures of IRD on receipt of a valid objection Explain the procedures and requirements for an appeal made to the BOR, Court of First Instance ( ), & Court of Appeal ( ) Explain how an assessment can be re-opened by a error or omission claim
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3 Objections (s.64) A person aggrieved by a notice of assessment may object against the assessment: s.64(1)
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4 Objection is valid when it : is made in writing states precisely the grounds of objection was lodged within 1 month from the date of notice of assessment issued, and was accompanied by a valid return if the objection is made against estimated assessment raised under s.59(3): s.64(1) read para. 2, pp.166
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5 Late objection Late objection is accepted (s.64(1) proviso (a)) only if it is due to: Absence from Hong Kong Sickness Other reasonable cause The sickness of the sole active director of a company was not accepted as a reasonable cause: Lam Ying Bor Investment Co Ltd v CIR (1979) HKTC 1098
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6 Notice of objection not to be entertained Nil profit/income or loss case Payment of provisional tax Personal assessment Additional / revised assessment Please read para. 3-6, pp. 166-167
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7 Nil profit/income or loss case The notice of computation is not regarded as a notice of assessment. For a loss case, objection can only be made for the 1 st year of assessment for which tax is payable: D2/82
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8 Provisional tax The taxpayer should apply for holding over instead
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9 Personal assessment If salaries tax, profits tax and/or property tax assessments have become final and conclusive, the TP cannot object object against the notice of personal assessment: s.64(7). TP should object against salaries tax, profits tax and/or property tax, where applicable.
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10 Objection by a taxpayer partner However, a taxpayer partner can object to the share of partnership profit included in his personal assessment on the ground that: - the share of partnership profit has been incorrectly computed. If a partner objects on the above ground, the objection is deemed to be an objection by all the partners as to the share of assessable profit/loss & any determination or agreement will be binding on all partners.
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11 Additional/revised( ) assessment A taxpayer cannot object against such an assessment unless against: - a fresh tax liability or - an increase or reduction of an existing tax liability.
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This note was uploaded on 03/21/2011 for the course ACCOUNTING 110 taught by Professor Mcwilliams during the Spring '09 term at San Jose State University .

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11 Objection & Appeals - s - Unit 11 Objection...

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