Hong Kong Tax Return Guide Profits Tax Return (BIR51 BIR52 BIR54)

Hong Kong Tax Return Guide: Profits Tax Return (BIR51 / BIR52 / BIR54)

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Taxation

Filing profit tax returns in Hong Kong is a crucial responsibility for businesses operating in the region. Whether you’re a small business owner or a large corporation, understanding the profit tax rate, filing requirements, and compliance procedures is essential to avoid penalties and ensure smooth operations. In this article, we’ll break down everything you need to know about profit tax in Hong Kong, including the latest updates, filing procedures, and tips to simplify the process ensuring your business stays compliant and tax-efficient.

Learn more company formation in Hong Kong

For a tax estimation and comparison between Hong Kong and your home country, refer to: Online Tax Calculator.


Key Summary for Filing Profit Tax Returns

Timely Filing Is Crucial

Filing profit tax returns on time ensures compliance and avoids penalties ranging from HKD 1,200 to HKD 10,000.

Understanding Tax Rates

Corporations are taxed at 16.5%, while individuals pay a 15% rate on profits derived from Hong Kong sources.

Impact of Deductions and Reliefs

Utilizing deductions, group loss relief, and double taxation agreements can significantly reduce tax liability.

Capital Gains Are Exempt

Hong Kong’s profit tax system does not tax capital gains, offering businesses an advantage when selling assets.

Compliance with Updated Requirements

Staying informed about new tax relief measures, incentives, and special provisions ensures accurate filing and maximizes potential benefits.

Hong Kong Profit Tax and Corporate Tax Rate

What Is Profit Tax Hong Kong?

Profit tax in Hong Kong is a form of corporate income tax levied on the assessable profits of businesses operating within the territory. Hong Kong follows a territorial tax system, meaning only profits derived from Hong Kong are taxable, while overseas income is generally exempt.

Key Features of Profit Tax in Hong Kong

FeatureDetails
Territorial Tax SystemOnly profits earned in Hong Kong are subject to tax; foreign income is excluded.
No VAT or Capital Gains TaxHong Kong businesses benefit from the absence of value-added tax (VAT) and capital gains tax.
Two-Tier Profit Tax RateOffers lower tax rates for smaller companies, promoting startups and SMEs.

Profit Tax Return Forms in Hong Kong

The Inland Revenue Department (IRD) categorizes profit tax return forms into three series:

Form NamePurpose
BIR51Profits Tax Return for Corporations.
BIR52Profits Tax Return for Persons Other Than Corporations, such as sole proprietors or partnerships.
BIR54Profits Tax Return for Non-Resident Persons.

These forms are specific to business structures, ensuring accurate reporting and compliance with Hong Kong’s tax regulations.

Supplementary Forms to Profit Tax Returns

For the 2022/23 assessment year, the IRD introduced supplementary forms to capture additional reporting requirements, including:

Form NamePurpose
IR1478Reports preferential tax regimes, incentives, and specified foreign-sourced income.
IR1479Focuses on family-owned investment holding vehicles and related tax compliance.

Submission Process:

  • These forms must be completed electronically.
  • If filing in paper form, you must print, sign, and include the Control List with your profits tax return.
  • For electronic or semi-electronic filing, the Completion Service and Submission Service link uploaded data files with the tax return using the same profits tax file number and RIN.

Hong Kong Profit Tax Rates

Hong Kong uses a progressive two-tier profit tax rate system, making it one of the most business-friendly tax regimes globally.

Two-Tier Tax System: A lower tax rate of 8.25% applies to the first HKD 2 million of profits for corporations and 7.5% for unincorporated businesses. The two-tiered tax system aims to support small and medium-sized enterprises (SMEs) by reducing the tax burden on their first HK$2 million of profits.

Business TypeTax Rate on First HKD 2 MillionTax Rate Above HKD 2 Million
Corporations8.25%16.5%
Unincorporated Businesses7.5%15%

Example:

  • A corporation earning HKD 3 million will pay:
    • 8.25% on the first HKD 2 million = HKD 165,000
    • 16.5% on the remaining HKD 1 million = HKD 165,000
    • Total Tax = HKD 330,000

Who Needs to File Profit Tax Returns in Hong Kong?

All businesses operating in Hong Kong, including corporations, partnerships, and sole proprietorships, must file profit tax returns annually if they earn assessable profits. The Inland Revenue Department (IRD) issues these returns to active businesses at the end of each tax year. 

Key Points:

  1. Startups may receive their first tax return 18 months after incorporation.
  2. Non-Hong Kong companies operating in Hong Kong must also file if they generate profits locally.
  3. Even if your business has no taxable profits or has ceased operations, you must still notify the IRD by filing the appropriate forms.

How Do I Complete and File My Profits Tax Return?

When completing and filing a profits tax return, the profits tax return, supporting documentation (Audit Report and Profits Tax Computations) and any required supplementary forms should be submitted to the IRD within 1 month from the date printed on the profits tax return. The exact date of submission can be found on page 1 of a profits tax return. Advice on how to complete a profits tax return can be found here.

As 1 month may not be adequate time for a business to complete their profits tax return, an extension may be granted upon request. At the beginning of each year, the IRD publishes a Circular Letter to tax representatives setting out the details of the block extension scheme and how tax representatives may help their clients apply. Please refer to here for more information on the Block Extension Scheme.

When completing and submitting a profits tax return, oftentimes a supplementary form is required to support a taxpayers claim of a preferential regime and tax incentive. Supplementary forms are not provided by the IRD but can be downloaded from their website.

Filing Profit Tax Returns: Process, Deadlines and Penalties

Filing your profit tax return involves several steps:

  1. Gather Required Documents
    • Financial statements (audited for corporations).
    • Profit and loss accounts.
    • Details of income and expenses.
  2. Fill Out the Appropriate Form: Complete BIR51, BIR52, or BIR54, along with any supplementary forms (IR1478 or IR1479). 
  3. Submit to the IRD
    Submit the completed form online or in person before the deadline.

Filing Deadlines:

Financial Year-EndDeadline for Filing
31st December30th April (following year)
31st March15th August (following year)
Other Dates3 months after financial year-end

Penalties

  • Penalties: Fines range from HKD 1,200 to HKD 10,000 for late submission, plus additional interest.
  • Late Penalties: Penalties for late filing range from HKD 1,200 to HKD 10,000 plus a percentage-based fine on the unpaid tax.
  • Prosecution for Serious Cases: For tax evasion cases or significant non-compliance, companies may face prosecution and larger fines.
  • Interest on Unpaid Tax: Interest is also charged on any overdue tax.

Extensions: Extensions can be requested if businesses are unable to file on time, with penalties for late submissions.

Document Checklist: Essential documents for filing include audited financial statements, profit and loss accounts, balance sheets, and tax computation schedules.

Latest Updates on Profit Tax in Hong Kong

Corporate Tax Compliance: Hong Kong remains competitive with its straightforward tax compliance process. Businesses can deduct expenses like rent, salaries, and operational costs. However, strict penalties apply for late or inaccurate filings, emphasizing the importance of timely submissions.

Enhanced Reporting Requirements: Businesses must disclose additional details related to preferential tax regimes and specified income through IR1478 and IR1479.

IRR and Tax Reliefs: Eligible R&D activities can enjoy a 300% tax deduction on the first HKD 2 million in expenses and 200% on additional amounts, encouraging innovation in businesses.Digital Filing Requirements: The IRD has made strides in digitizing the tax filing process. Businesses are encouraged to use the eTAX system for faster processing and greater efficiency.

Calculating Your Profit Tax Return

Calculating the profit tax return involves understanding assessable profits, allowable deductions, and other exemptions.

  • Assessable Profits: These are calculated by subtracting allowable business expenses from the gross income.
  • Allowable Deductions: Include staff salaries, rent, and business-related expenses.
  • Capital Gains Exemption: Hong Kong does not impose a tax on capital gains, which makes it favourable for businesses.
  • Tax Adjustments: Non-deductible expenses (such as entertainment or personal expenses) should be excluded when calculating profit tax.

The profits tax rate for most companies is straightforward but precise calculations depend on the unique financial situation of the business.

Also check this article for Salary Tax, BIR60

Tips for Filing Profit Tax Returns Efficiently

  1. Use the eTAX Platform: Filing electronically is faster and more convenient than paper submissions.
  2. Understand Your Filing Obligations: Ensure you know whether your business requires supplementary forms like IR1478 or IR1479.
  3. Keep Accurate Records: Proper documentation of expenses and profits simplifies the filing process and reduces errors.

Seek Professional Assistance: FastLane Group’s tax experts can guide you through the filing process, ensuring compliance and accuracy.

Strategies For Managing Tax Liability

Businesses can legally reduce their profit tax liability through strategic deductions and exemptions.

  • Maximize Deductions: Businesses can lower their taxable income by ensuring all allowable expenses are deducted.
  • Group Loss Relief: Companies within the same group can offset profits and losses to reduce the overall tax liability.
  • Use of Double Taxation Agreements: Hong Kong has signed treaties with several countries which allow businesses to avoid paying double taxes on profits.
Strategies For Managing Tax Liability

Compliance And Record-keeping Best Practices

Maintaining compliance with Hong Kong’s tax laws requires diligent record-keeping and meeting deadlines.

1. Timely filing

Always file within the deadline. Businesses can face penalties and fines for missing these.

2. Accurate records

Keep detailed records of financial transactions, including receipts and contracts, to ensure deductions are valid.

3. Navigating tax deadlines

Set reminders for key tax dates, such as annual filing deadlines and the issuance of profit tax returns by the IRD.

Compliance And Record-keeping Best Practices

Leveraging technology for profit tax return filing

Benefits of Electronic Filing

The IRD offers electronic filing services, which simplify the tax return process. Businesses can benefit from faster processing, error detection, and automated calculations.

Simplify tax filing

FastLane provides comprehensive tax services for businesses in preparing and submitting their profit tax returns. By leveraging technology, FastLane ensures a hassle-free filing experience.

Profits Tax Filing Key Updates

Due Dates for Filing

Accounting DateExtended Due DateElectronic Filing Extended Due Date
For N Code Returns(Accounting Date between 1 April to 30 November)2 May of next yearNo extension
For D Code Returns(Accounting Date between 1 to 31 December)15 August of next yearNo extension
For M Code Returns(Accounting Date between 1 January to 31 March)15 November of the same year31 January of next year for companies with statutory loss *

Ref: https://www.gov.hk/en/residents/taxes/taxfiling/filing/types/profitstax.htm 

Key Changes in Profits Tax Returns

Item/ChangeKey Changes
New Item 7.1.1 in BIR51Indicates whether the taxpayer’s account is audited by a Hong Kong practice unit.
New Item 7.1.2 in BIR51Requires the practising certificate number of the CPA (practising) who signed the Auditor’s Report.
Amended Items 9.1–9.22 in BIR51Must indicate supplementary forms (S1–S22) uploaded via eTAX, Business Tax Portal, or Tax Rep Portal.
Amended Items 9.1–9.10 in BIR52Must indicate supplementary forms (S1–S5, S15, S19–S22) uploaded via the specified platforms.
New Item 10.21 in BIR51States the deduction claimed for leased premises reinstatement costs.
New Item 10.20 in BIR52States the deduction claimed for leased premises reinstatement costs.
Submission Requirement (All Forms)BIR51, BIR52 or BIR54 must be submitted with Control List IR1477 (for uploaded supplementary forms).

Source: https://www.ird.gov.hk/eng/tax/taxrep_changes.htm 

New/Revised Forms

The IRD introduced new forms for specific sectors and tax categories, designed to streamline the reporting process.

Modes of Filing

Businesses can choose between paper filing or electronic submission, with e-filing being the preferred method for speed and convenience.

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Key Profits Tax Developments

Expanded Foreign-Sourced Income Exemption (FSIE) Regime

Hong Kong’s FSIE regime has been expanded, allowing more businesses to exempt profits earned abroad from Hong Kong taxation.

Tax Treatment of Onshore Equity Disposal Gains

Changes have been made to the taxation of onshore equity disposals, offering specific exemptions to businesses operating in financial sectors.

Enhanced Preferential Tax Regimes

Hong Kong has introduced sector-specific preferential tax regimes, particularly for innovation and technology businesses, offering lower tax rates for qualified activities.

Sector-Specific Tax Deductions and Treatments

Certain industries, such as financial services and technology, now benefit from specific tax deductions and incentives.

Hong Kong Profits Tax Case Relevant to Filing

The conditions for offshore income claims have been redefined which emphasize the importance of detailed documentation when applying for exemptions.

Latest Roadmap For Digitized Tax Reporting In Hong Kong

The IRD continues to innovate its tax reporting systems. The latest roadmap outlines a full transition to digitized reporting by 2025 to streamline the process for business.

Other Tax Reporting Requirements

Aside from profit tax returns, Hong Kong businesses must also file employer returns and property tax returns, depending on the scope of their operations.

Conclusion

Filing a profit tax return in Hong Kong can be easy with the right preparation and strategy. By leveraging expert help, staying compliant, and using digital filing tools, businesses can navigate their tax obligations efficiently. For professional assistance with your profit tax returns, contact FastLane today to streamline your filing process and ensure compliance with all Hong Kong tax laws. Talk to our team!

FAQs: Filing Profit Tax Returns in Hong Kong

The two-tier system applies 8.25% to the first HKD 2 million in profits and 16.5% to the remainder for corporations.

Depending on your business structure, file BIR51 (corporations), BIR52 (other entities), or BIR54 (non-residents).

These forms report preferential tax regimes, specified foreign income, and family-owned investment holdings.

Yes, the IRD encourages electronic filing via the eTAX platform.

Late filings may incur penalties ranging from HKD 1,200 to HKD 10,000.

Maintain accurate records, understand your obligations, and consider professional services.

No, Hong Kong only taxes profits derived within its jurisdiction.

It is a signed document required when filing paper returns with supplementary forms.

Deductions include operational expenses, R&D costs, and employee salaries.

We offer end-to-end support, from document preparation to electronic filing, ensuring accuracy and compliance.

Author

Ang Wee Chun

Ang Wee Chun

Wee Chun Ang is a seasoned professional with expertise in business expansion, global workforce solutions, accounting, and strategic marketing, backed by a strong foundation in financial markets. He began his career managing high-value FX transactions at Affin Moneybrokers, a subsidiary of Affin Group, and KAF Astley & Pearce, a subsidiary of KAF Investment Bank. During his tenure, he played a pivotal role in setting up FX options desks, achieving significant milestones, including a 300% increase in desk revenue.