12 Frequently Asked Questions for Personal Tax 2022

2022-05-12

The Hong Kong Inland Revenue Department will issue the Individual Tax Returns (“ITR”) (Form BIR60) for the Year of Assessment 2021/22 to most individual taxpayers in Hong Kong in early June 2022.

This article contains some questions that are commonly raised by individual taxpayers when they prepare their ITRs and some ITR filing tips which are intended for general information only.

If you need a professional tax advisor to take care of your personal tax filing matters or handle your particular tax situation, please do not hesitate to contact us.*

1. How Salaries Tax is computed?

Before completing your Individual Tax Return (Form BIR60), it is important to understand how Salaries Tax in Hong Kong is computed.

Under Hong Kong tax laws, Salaries Tax is charged on individuals in respect of all income arising in or derived from Hong Kong in relation to any office, employment, pension or payments for services rendered in Hong Kong. The tax payable is calculated at Progressive Tax Rates on Net Chargeable Income or at Standard Tax Rate of 15% on Net Income, whichever is lower.

Net Chargeable Income = Taxable income – Allowable Deductions – Personal Allowances
Net Income = Taxable Income – Allowable Deductions

Allowable Deductions

Expenses are allowable – other than those of a capital, private or domestic nature – to the extent that they are incurred wholly, exclusively and necessarily in the production of assessable income. For Salaries Tax purposes, the test is strictly applied.

Maximum Allowable Deduction for amount paid for	2021/22	2022/23
1. Self-education expenses	HK$100,000	HK$100,000
2. Home loan interest	HK$100,000	HK$100,000
3. Elderly residential care expenses	HK$100,000	HK$100,000
4. Contribution to recognised retirement schemes	HK$18,000	HK$18,000
5. Donations to charitable organisation	35% of net income	35% of net income
6. Qualifying premiums paid under Voluntary Health Insurance Scheme Policy	HK$8,000 per insured person	HK$8,000 per insured person
7. Qualifying annuity premiums and tax deductible MPF voluntary contribution	HK$60,000	HK$60,000
8. Domestic rent deduction#	-	HK$100,000

#The domestic rent deduction applies to taxpayers who are not owners of any domestic property, subject to the fulfilment of certain conditions and the enactment of the relevant laws.

The Progressive Tax Rates for the years of assessment 2021/22 and 2022/23 range from 2% to 17%.

Net Chargeable Income		Progressive Tax Rate for 2021/22 and 2022/23
First	HK$50,000	2%
Next	HK$50,000	6%
Next	HK$50,000	10%
Next	HK$50,000	14%
Remainder		17%

Personal Allowances

Personal Allowances are available to an individual taxpayer unless it is more beneficial for him or her to be charged to tax at the Standard Tax Rate of 15% on his or her Net Income.

Major Personal Allowances	2021/22 (HK$)	2022/23 (HK$)
1. Basic allowance	132,000	132,000
2. Married person's allowance	264,000	264,000
3. Child allowance (each) First to ninth child:
- Year of birth	240,000	240,000
- Other years	120,000	120,000
4. Dependent parent allowance / Dependent grandparent allowance:
(a) Aged 55 to 59
- basic allowance	25,000	25,000
- additional allowance (for dependent parent / grandparent living with the taxpayer continuously throughout the whole year of assessment)	25,000	25,000
(b) Aged 60 or above
- basic allowance	50,000	50,000
- additional allowance (for dependent parent / grandparent living with the taxpayer continuously throughout the whole year of assessment)	50,000	50,000
5. Dependent brother / sister allowance	37,500	37,500
6. Single parent allowance	132,000	132,000
7. Disable dependent allowance	75,000	75,000
8. Personal disability allowance	75,000	75,000

For Hong Kong Salaries Tax purposes, a year of assessment runs from 1 April to 31 March of the following year. For example, if you started working in Hong Kong on 1 October 2021, you will have to declare your taxable income earned during the period from 1 October 2021 to 31 March 2022 in the 2021/22 Individual Tax Return (Form BIR60).

Full details of Personal Allowances, Allowable Deductions and applicable Salaries Tax rates can be found at the IRD’s website [Link].

To find out more about how PKF Hong Kong can assist you in handling your personal tax matters, please feel free to contact your usual PKF tax executives, or reach out to our Tax Partner, Henry Fung (henryfung@pkf-hk.com).

2. If I am a part-time employee or self-employed person, do I need to file a tax return?

The law provides that, no matter you are a part-time employee or self-employed person, you must complete and submit your Individual Tax Return (Form BIR60) in time if you have received an Individual Tax Return (Form BIR60) from the IRD.

If you are self-employed (i.e. running a sole proprietorship or partnership business), you are liable to Profits Tax if your sole proprietorship or partnership business has derived net assessable profits which arise in or are derived from Hong Kong.

In general, if you are running a sole proprietorship business, you need to file your Individual Tax Return (Form BIR60) together the supporting tax computation and a set of the sole proprietorship business’s financial statements annually. As for partnership businesses, a Profits Tax Return - Persons Other Than Corporations (Form BIR52) together with a set of the partnership’s financial statements and tax computation of the partnership business are required to be filed annually.

3. When will I receive my Individual Tax Return (Form BIR60)?

The IRD normally issues the Individual Tax Returns (Forms BIR60) to regular taxpayers on the first working day of May every year.

Due to the COVID-19 pandemic situation in Hong Kong in the first quarter of 2022, the bulk issue of the 2021/22 Individual Tax Returns (Forms BIR60) will take place on 1 June 2022. The due dates for filing the Individual Tax Returns (Forms BIR60) are as follows:

Status	Due date for unrepresented cases	Extended due date for represented cases
Not involving sole-proprietorship	2 July 2022	2 August 2022
Involving sole-proprietorship	1 September 2022	1 November 2022

4. If I do not receive my Individual Tax Return from the IRD, does it mean I do not need to report or pay any tax?

No, you may be liable to tax if you derive employment income, rental income or business profits from Hong Kong. If you have derived income that is liable to Salaries Tax for 2021/22 but do not receive your 2021/22 Individual Tax Return (Form BIR60) which will normally be issued by the IRD in early June 2022, you are obliged to inform the IRD of your chargeability to tax in writing no later than 31 July 2022.

5. If I am married, shall I elect Joint Assessment in my Individual Tax Return (Form BIR60)?

Generally speaking, separate assessment is beneficial if both the husband and the wife are chargeable to Salaries Tax, and the income of each of them exceeds the limit of Basic Allowance (i.e. HK$132,000 for 2021/22 and 2022/23).

If you are married and your spouse does not have income assessable under Salaries Tax, you are entitled to claim Married Person’s Allowance (i.e. HK$264,000 for 2021/22 and 2022/23) and do not need to elect Joint Assessment in your Individual Tax Return (Form BIR60).

If both you and your spouse have income assessable under Salaries Tax, you and your spouse may elect to be jointly assessed (i.e. under Joint Assessment) if the election can reduce the overall tax liability. In general, Joint Assessment can be advantageous for a married couple if the net income of one spouse is less than the total amount of the Personal Allowances to which he or she is entitled.

6. If I want to claim a tax deduction for self-education expenses, do I need to submit documentary evidence when I file my Individual Tax Return (Form BIR60) for the IRD’s examination?

If you have incurred self-education expenses, including tuition and examination fees, in connection with a prescribed course of education undertaken by you to gain or maintain qualifications for use in your employment and you want to claim such expenses as a tax deduction, you do not need to submit any documentary evidence when you file your Individual Tax Return (Form BIR60) in support of the deduction claim. However, you should retain the relevant supporting documents (e.g. receipts) for a period of 6 years after the expiration of the year of assessment in which the payments were made and submit them to the IRD for examination upon request in case your deduction is selected for review at a later time.

7. In the year of assessment of 2021/22, can I get any reduction in Salaries Tax?

The Legislative Council passed the legislation proposed in the 2022/23 Hong Kong Budget on 14 April 2022 to allow a one-off reduction of 100% of the final tax for the year assessment 2021/22 in respect of Profits Tax, Salaries Tax and tax under Personal Assessment, subject to a ceiling of HK$10,000 per case. The IRD will reflect the tax reduction in the tax demand notes to be issued.

8. If my parents / grandparents are under employment, can I still claim the Dependent Parent Allowance / Dependent Grandparent Allowance?

You are entitled to Dependent Parent Allowance / Dependent Grandparent Allowance in respect of each parent / grandparent maintained by you / your spouse, not being a spouse living apart from you, during a year of assessment. To qualify for such allowances, the parent / grandparent must at any time during the year be:

ordinarily resident 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 the full cost, for a continuous period of not less than 6 months, or have received from you / your spouse not less than HK$12,000 in money towards his / her maintenance.

If your parent/ grandparent resides, without paying the full cost, with you continuously throughout the whole year, you are also entitled to additional Dependent Parent Allowance / additional Dependent Grandparent Allowance.

Dependent Parent / Dependent Grandparent Allowance	2021/22 (HK$)	2022/23 (HK$)
(a) Aged 55 to 59
- basic allowance	25,000	25,000
- additional allowance (for dependent parent / grandparent living with the taxpayer continuously throughout the whole year of assessment)	25,000	25,000
(b) Aged 60 or above
- basic allowance	50,000	50,000
- additional allowance (for dependent parent / grandparent living with the taxpayer continuously throughout the whole year of assessment)	50,000	50,000

In light of the above, you can still claim the Dependent Parent Allowance / Dependent Grandparent Allowance if the above conditions are satisfied regardless of whether your parents / grandparents are under employment or not.

We, PKF Hong Kong, provide comprehensive tax and business advisory services in respect of the Hong Kong tax regime. To find out more about how we can assist you in handling your personal tax matters, please feel free to contact your usual PKF tax executives, or reach out to our Tax Partner, Henry Fung (henryfung@pkf-hk.com).

9. Can I claim Dependent Parent Allowance or Dependent Grandparent Allowance jointly with my brothers or sisters?

No. Only one individual will be granted a Dependent Parent Allowance or Dependent Grandparent Allowance in respect of a parent or grandparent maintained by that individual or by his or her spouse. If two or more siblings are entitled to claim Dependent Parent Allowance or Dependent Grandparent Allowance for the same parent or grandparent, they must agree among themselves on who shall claim the allowance. The IRD will not consider a claim for Dependent Parent Allowance or Dependent Grandparent Allowance made by two or more siblings for the same parent or grandparent until the claimants have reached a consensus on who shall be entitled to make such claim.

10. If I have derived business profits or received rental income in addition to my salary, should I elect Personal Assessment when completing my Individual Tax Return (Form BIR60)?

You may elect Personal Assessment if you have to pay Profits Tax and / or Property Tax in addition to Salaries Tax. Depending on your situation, the election of Personal Assessment may reduce your tax liability but sometimes it may not.

11. I am employed by a Hong Kong company and is about to cease my employment and leave Hong Kong permanently. What obligations do my employer and I have to fulfill before my departure from Hong Kong?

Your employer is required to inform the IRD of your cessation of employment and departure from Hong Kong by filing a duly completed Form IR56G not later than one month before your expected date of departure. Your employer is also required to withhold all payment of any amount (including salaries, commission etc.) due to you for one month from the date on which the IR56G was filed, or until receipt of the “Letter of Release” which will be issued by the IRD after you have settled your tax, whichever is earlier.

As an individual taxpayer, you are required to notify the IRD in writing not later one month before your intended date of departure from Hong Kong. The IRD will issue an Individual Tax Return (Form BIR60) to you upon receiving your notification. For tax clearance purposes, you should bring a copy of the Form IR56G issued by your employer (together with the necessary supporting documents) and attend the IRD in person to clear your tax before departing from Hong Kong. Alternatively, you may appoint a tax representative to handle your tax clearance process.

If you fail to settle your taxes before departure, the IRD may issue a garnishee notice to your employer requiring your employer to settle your taxes from the money withheld (since in such case the “Letter of Release” may not be obtained). Both you and your employer must fulfil the legal obligations to notify the IRD of your impending departure and follow the necessary tax clearance procedures.

We, PKF Hong Kong, shall be pleased to assist you in handling your personal tax clearance matters, requesting the IRD to issue the “Letter of Release” at the shortest possible time so that your employer can promptly release to you the money previously withheld before your departure. For further information about how we may assist you, please feel free to contact your usual PKF tax executives, or reach out to our Tax Partner, Henry Fung (henryfung@pkf-hk.com).

12. What are the advantages of engaging a tax representative (like PKF Hong Kong) to prepare your Individual Tax Return (Form BIR60)?

To prevent incorrect tax filing - we will prepare your Individual Tax Return (Form BIR60) with a view to ensuring proper tax treatment of all your taxable income, benefits-in-kind or fringe benefits.
To help you obtain the tax deduction or allowance you are entitled to - we will help you claim the proper amounts of Personal Allowances and Allowable Deductions (e.g. Basic Allowances, Married Person’s Allowances, Child Allowances, etc.) with a view to reducing your overall tax liability in a proper and legitimate way.
To file your Individual Tax Return (Form BIR60) on time - to avoid penalty which may arise because of late tax filing.
To prepare a clear and easily comprehended Salaries Tax computation showing your taxable income, the Personal Allowances and the Allowable Deductions to which you are entitled, and the amount of tax liability (by applying the applicable tax rates), so that you can have a better idea of how much tax you will have to pay.
To check the Notice of Tax Assessment to be issued by the IRD to make sure that the IRD’s computation is in line with the details reported in the Individual Tax Return (Form BIR60) and advise you of the tax payment due date(s).
To assist you in applying for an extension of time for filing the ITR, if necessary.
To assist you in answering any queries which may be raised by the IRD with regard to any deduction or tax exemption claims made by you in your tax filings.
To assist you in notifying the IRD of your chargeability to tax before the statutory notification due date. This is important because an individual taxpayer who has derived taxable income is required to inform the IRD in writing of his chargeability to Salaries Tax within 4 months after the end of the tax year (unless he or she has already been furnished with an ITR). Failure to notify chargeability before the statutory deadline is an offence which is subject to a penalty of HK$10,000 plus up to 300% of the tax liability.

PKF Hong Kong's professional tax advisors provide comprehensive tax and business advisory services in respect of the Hong Kong tax regime. For further information about how we may assist you, please do not hesitate to contact your usual PKF tax executives, or reach out to our Tax Partner, Henry Fung (henryfung@pkf-hk.com).

*IMPORTANT NOTE: The information contained in this document is only for general information and is not intended to address the circumstances of any particular entities or individuals. Accordingly, this document does not constitute accounting, tax, legal, investment, consulting, or other professional advice or services. No action should be taken solely on the basis of the contents of this document which only contain a brief outline of the relevant laws. Before taking any action, please ensure that you obtain advice specific to your circumstances from your usual PKF tax partners or other tax advisers or liaise with the relevant tax authorities. We accept no responsibility or liability to any persons choosing to take action or implement business plans or activities solely or partially based on this document.

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