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Incorporate Your Company in Hong Kong
A Hong Kong private company (limited liaility company) requires one shareholder, one director, a Hong Kong addresss and a Company Secretary. In addition, there is no restriction on the amount of share capital.
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The incoproration of a Hong Kong Limited Liability Company is a three step procedure. Step 1: apply for Certificate of Incorporation; setp 2: appointments of officers; setp 3: apply for Business Registration Certificate.
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A company is required to notify the Companies Registry on the changes of its particulars, maintain proper books of accounts, file Annual Return, file Tax Returns etc to Maintain itself in Good Standing.
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Due to its Territories Tax System, a company will not be subject to Hong Kong Profits Taxes if it derives all its income from business activities performed outside Hong Kong.
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HONG KONG TAXATION
CORPORATE INCOME TAX


EMPLOYERS' RETURN (HONG KONG COMPANY)

Filing Employer's Return

The Employer's Return for the year of assessment 2003/2004 was issued to all employers on 2 April 2002. All employers are required to furnish the return within one month from the date of issue. That is, the return must be furnished on or before 1 May 2004 unless an application for extension in writing is filed with the Inland Revenue Department (IRD) on or before 1 May 2004. A complete set of annual employer's return of remuneration and pensions contains a form BIR56A and forms IR56B. Before you complete the return, you should read carefully the "Notes and Instructions" given on the form BIR56A. A "NIL" return of BIR56A is still required even if you have no employees or pensioners chargeable to Salaries Tax. To avoid duplication in reporting employee's income, no annual return form IR56B is required for those employees whom a form IR56F or IR56G has been submitted before.

Application for Extension

The properly completed return should be submitted to the IRD within one month from the date of issue unless otherwise stated. If you have difficulties in complying with this requirement, you may apply for an extension of time to submit the Return. Applications for extension should be in writing and supported by reasonable grounds. You should include the followings in your application:-

1. your company's name and file number,
2. the year of assessment concerned,
3. the time required, and
4. details of the reasons in support.

If you have already appointed us as your tax representatives, please advise us on your intended date of extension, we will then write to IRD to request for extension of filing date.

Request for Issue of Duplicate Return

Employers can write to the Inland Revenue Department for duplicate annual employer's return form BIR56A and IR56B or other forms including IR56E, IR56F, IR56M and IR56G. You are required to provide your employer's file number, company name, the year of assessment for form BIR56A and IR56B and your postal address in the request letter.

If you have already appointed us as your tax representative, we will apply to IRD for the said documents on your behalf.

Electronic Filing

Employer's Return can be filed in electronic format. A software in this regard is provided by the IRD free of charge. You can download the software from IRD's website or write to request a copy in CD ROM from IRD.

We have downloaded a copy of the software, both Chinese and English version, for our clients' use. Please call us at +852 2341 1444 or email us to request a copy of software.

Hong Kong Head Office              Room 803, Futura Plaza, 111 How Ming Street, Kwun Tong, Hong Kong
                                                 TEL +852 2341 1444      FAX +852 2341 1414      E-mail info@bycpa.com

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