3 Nov 2022
CHINA MOBILE HONG KONG CO LTD v. COMMISSIONER OF INLAND REVENUE
- Citation
- [2022] HKCA 1637
- Court
- Court of Appeal
- Case number
- CACV500/2020
The Court of Appeal held the Upfront SUFs are capital in nature because they were one‑off, non‑refundable lump sums paid to obtain an exclusive long‑term right to use designated spectrum (12–15 years), thereby creating or enlarging enduring profit‑earning structures and assets of the Taxpayer; statutory scheme and auction/licence terms support that characterisation.