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These notes are issued for the information of taxpayers and their tax - page 65 / 68

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65 / 68

may disclose the information in public court proceedings or in judicial

decisions, Review.

including, in case of Hong Both Sides also specify in

Arrangement

that

information

may

not

without

the

consent

of

the

Side

which

Kong, the decisions of the Board of the Protocol to the Comprehensive be disclosed to any other jurisdiction furnished the information in the first

place.

150.

Information received by the Mainland from the competent authority

of Hong Kong will not be used by the Mainland to impose taxes which are not taxes covered by the Comprehensive Arrangement, such as custom duties and value-added taxes.

151.

Paragraph 2 of Article 24 specifies that in no case shall the

provisions of paragraph 1 in relation to the exchange of information be construed so as to impose on One Side the obligation to carry out administrative measures at variance with the laws and the administrative practice of either Side; to supply information which is not obtainable under the laws or in the normal course of the administration of either Side; or to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which

would be contrary to public policy.

152.

The power conferred on the Inland Revenue Department by virtue of

the provisions of the Ordinance in relation to the seeking of information is restricted to cases where any matter relating to any liability or obligation of any

person under the Ordinance is at issue.

153.

Currently the Department would, in general, not provide automatic

exchange of information, such as supply of bank interest information on a periodic basis. Nor would the Department spontaneously provide information which it supposes to be of interest to the Mainland. The Department will only supply information upon specific requests received from the competent authority of the Mainland in justifiable cases, and only where such requests are in compliance with the conditions as laid down in the Comprehensive

Arrangement.

These general rules will also be adopted by the Mainland.

It

is

understood

that

the

means

of

seeking

information

available

under

the

internal

taxation procedures should be exhausted in the first for information would be made to the Other Side.

place

before

any

request

61

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