24 Aug 2021
RICHARD PAUL MARK AIDAN FORLEE v. COMMISSIONER OF INLAND REVENUE
- Citation
- [2021] HKCFI 2476
- Court
- Court of First Instance
- Case number
- HCIA1/2019
Judge held that on the agreed findings the EVA shares and dividends had been made available to the taxpayer and he was entitled to them from the award date; forfeiture risk and limits on transfer do not prevent vesting or accrual where the recipient can turn the right to pecuniary account; read s11B with s11D(b) to mean accrual occurs when entitlement arises — here at award — therefore the Board erred in treating accrual as occurring on release/retention expiry tied to Hong Kong employment; appeal allowed and assessments annulled.