INDOSUEZ W I CARR SECURITIES LTD v. COMMISSIONER OF INLAND REVENUE

INDOSUEZ W I CARR SECURITIES LTD v. COMMISSIONER OF INLAND REVENUE

The court remitted the matter to the Board of Review because the legal question regarding apportionment of profits from commissions is the same for Hong Kong and overseas clients and remittal allows the Board to determine factual apportionment without being prejudged by the court.

Citation
INDOSUEZ W I CARR SECURITIES LTD v. COMMISSIONER OF INLAND REVENUE
Parties
Appellant (hcia5); Respondent (hcia4): Commissioner of Inland Revenue; Respondent (hcia5); Appellant (hcia4): Indosuez W I Carr Securities Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 April 2003
Case Number
HCIA4/2001
Procedural Posture
Consolidated Inland Revenue Appeals (hcia4/2001 & Hcia5/2001) / Ruling on Remittal to Board of Review
Outcome
Case remitted to the Board of Review for reconsideration of whether and how to apportion profits derived from commission earned from overseas clients.
Legal Topics
Apportionment, Source of Profits, Remittal to Tribunal/board of Review, Question of Law Concerning Commissions From Overseas Clients
Source Language
EN
Tax Law Administrative Law Appeal Revenue Apportionment Source of Profits Remittal to Tribunal/board of Review Question of Law Concerning Commissions From Overseas Clients

Case Brief

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Parties

Commissioner of Inland Revenue

Appellant (hcia5); Respondent (hcia4)

Indosuez W I Carr Securities Limited

Respondent (hcia5); Appellant (hcia4)

Procedural Posture

Consolidated Inland Revenue Appeals (hcia4/2001 & Hcia5/2001) / Ruling on Remittal to Board of Review

Legal Issues

  1. 1 Whether the court can remit the issue of apportionment of profits from commissions earned from overseas clients to the Board of Review
  2. 2 Whether the legal question is the same for Hong Kong and overseas clients
  3. 3 Whether remitting would improperly prejudge factual findings that any substantial part of profits were derived from Hong Kong

Ratio Decidendi

The court remitted the matter to the Board of Review because the legal question regarding apportionment of profits from commissions is the same for Hong Kong and overseas clients and remittal allows the Board to determine factual apportionment without being prejudged by the court.

Court Disposition

Case remitted to the Board of Review for reconsideration of whether and how to apportion profits derived from commission earned from overseas clients.

Orders

  • Remit the case to the Board of Review to consider, in light of its findings, whether it is appropriate to apportion profits derived from commissions earned from overseas clients and, if so, to undertake that apportionment.