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No Reprieve for Taxpayers where Fraudulent Profits Tax Paid

by Simon Au
Mayer Brown JSM - Hong Kong Office

Susanne J. Harris
Mayer Brown JSM - Hong Kong Office

March 25, 2014

Previously published on March 24, 2014

On 13 March 2014, the Court of Final Appeal (CFA) handed down its ruling in Moulin Global Eyecare Trading Limited (In Liquidation) v. The Commissioner of Inland Revenue and Another FACV013. The CFA dismissed the taxpayer’s appeal and held that the taxpayer should be attributed with the guilty knowledge of the fraudulent directors such that it could not receive a time extension to give notice of objection to an assessment under section 64(1)(a) or correct an “error” in a return under section 70A of the Inland Revenue Ordinance (IRO).


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