Salaries Tax - the final chapter on termination payments?

Salaries Tax - the final chapter on termination p...

Tax alert - Issue 5, March 2011

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Salaries Tax - the final chapter on termination payments?

The Court of Final Appeal (CFA) dismissed the taxpayer's appeal in Fuchs, Walter Alfred Heinz v CIR [2011] FACV 22/2000 in February 2011. At issue was whether two sums paid to Mr Fuchs on the termination of his employment were assessable to Salaries Tax as income from an office or employment within the meaning of section 8(1) of the Inland Revenue Ordinance (IRO). Alternatively, if the income was taxable, did it fall to be apportioned by virtue of section 8(1A) of the IRO.

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