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FAQ as an Employer in Hong Kong

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If you are an Employer in Hong Kong, you should fulfil your tax obligations. The following are the frequently asked questions on the tax obligations as an Employer in Hong Kong:

Q:
What are your tax obligations as an employer in Hong Kong?
A: Your tax obligations commences when you hire your first employee. You need to:

1.
keep sufficient payroll records for your employees for at least 7 years, such as employee’s personal particulars, nature of employment, capacity in which employed, amount of cash remuneration, non-cash and fringe benefits, employer’s and employee’s contributions to the Mandatory Provident Fund or its equivalent, employment contract and amendments to terms of employment and period of employment; and

2. report remuneration paid to employees by submitting annual Employer’s Return and/or Notification Forms

Q:
I received an Employer’s Return (BIR56A) from the Hong Kong Inland Revenue Department. Do I still need to submit that even if I do not have any employee yet?
A:
Yes, you are still required to complete it and lodge with the Hong Kong Inland Revenue Department within 1 month from the date of the issuance even if

1.
you do not hire any employee or
2. the business has not commenced or
3. the business has ceased

Q:
Do I need to report remuneration paid to all employees on my Employer’s Return?
A:
For the year of assessment 2019/20, you have to report the employee on your Employer’s Return only if he or she is:

1.
single and paid an annual income of HK$132,000 or more;
2. married (regardless of amount;
3. a part-time staff (regardless of amount);
4. a director (regardless of amount

Q:
What are the Notification Forms and when are the statutory period for notification?
A:
The Notification Forms need to be submitted by an employer when an employee meets following employment conditions:

Employment Condition
Form to Complete
Statutory Period of Notification
Commencement of employment
IR56E
Within 3 months
Cessation of employment
IR56F
No later than 1 month before cessation
Departure from Hong Kong
IR56G
No later than 1 month before departure

Q:
We close our accounts on 31 December. Can we file Employer’s Return in accordance with our accounting date?
A:
No, the basis period for Salaries Tax runs from 1 April of the current year to 31 March of the succeeding year. Hence, Employer’s Return must be completed for the relevant year ended 31 March.
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