When are attorney fees tax deductible On what basis? from thelawadvisory.com
Are Tax Attorney Fees Deductible in Hong Kong?
Introduction
As a taxpayer in Hong Kong, you may be wondering whether you can deduct the fees paid to your tax attorney. While it may seem like a straightforward question, the answer is not always clear-cut. In this article, we will explore the rules surrounding tax attorney fees and their deductibility.
General Rule
In Hong Kong, the general rule is that legal expenses are not deductible for tax purposes. This includes fees paid to tax attorneys for advice on tax matters. However, there are some exceptions to this rule.
Exceptions
One exception is if the legal fees are incurred in the production of assessable income. This means that if the legal fees are directly related to the generation of income, they may be deductible. For example, if you hire a tax attorney to help you negotiate a contract that results in additional income, the legal fees may be deductible.
Another Exception
Another exception is if the legal fees are incurred in relation to a dispute over tax liability. If you are involved in a tax dispute with the Inland Revenue Department (IRD) and you hire a tax attorney to represent you, the legal fees may be deductible. However, the deduction is limited to the amount of tax that is in dispute.
Documentation Required
If you plan to deduct legal fees on your tax return, it is important to keep detailed records. You should keep copies of all invoices and receipts related to the legal fees, as well as any correspondence with your tax attorney. You should also be prepared to provide evidence that the legal fees were incurred in the production of assessable income or in relation to a tax dispute.
Conclusion
In summary, tax attorney fees are generally not deductible in Hong Kong. However, there are some exceptions to this rule. If the legal fees are incurred in the production of assessable income or in relation to a tax dispute, they may be deductible. If you plan to deduct legal fees on your tax return, make sure to keep detailed records and be prepared to provide evidence that the fees were incurred for a deductible purpose.
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