### Inland Revenue Rules 《稅務規則》

3. Financial institution: profits of Hong Kong branch offices
(12 of 2016 s. 20)(1A) This rule has effect to the extent to which it is not inconsistent with sections 17B, 17C, 17D, 17E, 17F, 17G and 50AAK of the Ordinance. (12 of 2016 s. 20; 27 of 2018 s. 36)
(1) In this rule—
(a) non-resident financial institution (境外財務機構) means any financial institution whose head office is situated outside Hong Kong;
(b) Hong Kong branch (香港分行) means any business carried on in Hong Kong by a non-resident financial institution. (12 of 2016 s. 20)
(2) Where any accounts prepared by a non-resident financial institution for its own purposes disclose, in the opinion of the Assessor, the true profits of the Hong Kong branch, the assessable profits shall be computed on the basis of such accounts. (12 of 2016 s. 20)
(3) Where no accounts are prepared which in the opinion of the Assessor disclose the true profits of the Hong Kong branch, the following provisions shall apply in the determination of such profits—
(a) the same proportion of the total profits of the non-resident financial institution as the assets of the Hong Kong branch bear to the total assets of the non-resident financial institution shall be treated as profits made from transactions in Hong Kong and shall be assessed accordingly;
(b) for the purposes of determining the total profits of the non-resident financial institution, similar adjustments for tax purposes will be made in the accounts of the non-resident financial institution as would have been necessary had the whole of those profits been liable to tax under this Ordinance;
(c)  where the Assessor is of the opinion that it would be impracticable or inequitable to adopt the provisions of sub-paragraphs (a) and (b) of this paragraph, he may estimate the amount of the profits of the Hong Kong branch, and assess such profits accordingly:

Provided that any decision of an Assessor under this rule shall be subject to objection and appeal in accordance with the provisions of Part XI of the Ordinance. (L.N. 101 of 1965; 12 of 2016 s. 20)(7 of 1986 s. 12)

### Inland Revenue Rules 《稅務規則》

5. Profits of Hong Kong branch offices of person other than financial institution
(12 of 2016 s. 22)(1A) This rule has effect to the extent to which it is not inconsistent with section 50AAK of the Ordinance. (27 of 2018 s. 37)
(1) In this rule—
permanent establishment (常設機構) has the meaning given by section 50AAC(5) of the Ordinance; (27 of 2018 s. 37)
person

7. Transitional provisions
The amendments made to rules 3 and 5 by the Inland Revenue (Amendment) (No. 2) Ordinance 2016 (12 of 2016) apply only in ascertaining the profits in respect of which a person is chargeable to tax under Part 4 of the Ordinance—
(a) for the year of assessment beginning on the first day of April in the calendar year next following the day on which the amendments come into operation; or
(b) for any subsequent year of assessment.
(12 of 2016 s. 23)

### Estate Duty (Forms) Notice, and shall come into operation on the 1st day of January 1971 《遺產稅(表格)公告》

1. Citation and commencement
This notice may be cited as the Estate Duty (Forms) Notice, and shall come into operation on the 1st day of January 1971.
(L.N. 113 of 1970)

2. Forms
(1) Form 1 in the Schedule shall be the form of Affidavit for the Commissioner. 
(2) Form 2 in the Schedule shall be the form of Account for the Commissioner.

### Estate Duty Ordinance 《遺產稅條例》

1. Short title
This Ordinance may be cited as the Estate Duty Ordinance.

2. Application
This Ordinance shall apply in the case of every deceased person who dies on or after 1 January 1916 and before 11 February 2006; and it shall also apply in the case of every deceased person who died before 1 January 1916 if representation to his estate has not been applied for before 2 May 1921.
(Amended 21 of 2005 s. 3; L.N. 210 of 2005)

### Estate Duty Ordinance 《遺產稅條例》

3A. Exercise of powers and duties
(1) Where under this Ordinance any power is conferred or any duty is imposed on the Commissioner and it is not provided that the power or duty shall be exercised or performed by the Commissioner personally, such power may be exercised or such duty may be performed by a deputy commissioner of estate duty or an assistant commissioner of estate duty. 
(2) Except where this Ordinance provides that a power or duty shall be exercised or performed by the Commissioner personally, the Commissioner may, subject to such limitations as he may think fit, authorize in writing any public officer to exercise any power or perform any duty conferred or imposed upon him by this Ordinance. 
(Added 21 of 1972 s. 3)

4. Appointment as commissioner for oaths
(1) The Chief Justice may, by a commission signed by him, appoint the Commissioner or any deputy commissioner to be a commissioner to administer oaths and take declarations and affirmations for the purposes of this Ordinance, and may revoke any such appointment. 
(2) Every person so appointed shall be styled a commissioner for oaths and shall have all the powers and discharge all the duties which now belong to the office of a commissioner to administer oaths. 
(Added 32 of 1934 s. 2)

### Estate Duty Ordinance 《遺產稅條例》

5. Estate duty
In the case of every deceased person there shall, save as hereinafter expressly provided, be levied and paid upon the principal value, ascertained as hereinafter provided, of all property passing on the death of such person, a duty called estate duty at the amount or graduated rates, as may be applicable, mentioned in the applicable Part of Schedule 1: (Amended 21 of 2005 s. 5)
Provided that, where the principal value of an estate comprises a fraction of $100, such fraction shall, for the purpose of determining the amount of estate duty payable, be reckoned as $100: [cf. 1894 c. 30 s. 1 U.K.] Provided also that where an interest in expectancy in any property has, before 27 February 1931, been bona fide sold or mortgaged for full consideration in money or money’s worth, then no higher duty on that property shall be payable by the purchaser or mortgagee when the interest falls into possession than is in accordance with the rates mentioned in the Part 1 of Schedule 1, and in the case of a mortgage any higher duty payable by the mortgagor shall rank as a charge subsequent to that of the mortgagee. [cf. 1919 c. 32 s. 29 U.K.; 1940 c. 48 s. 17 U.K.] (Amended 47 of 1962 s. 3; 27 of 1996 s. 3)

### Estate Duty Ordinance 《遺產稅條例》

20. Remission and refund of estate duty on certain grounds
The Secretary for Financial Services and the Treasury may remit the payment of any estate duty or may order a refund of the whole or any portion of any estate duty which may have been paid to the Commissioner, for the remission or refund of which any equitable claim is proved to his satisfaction.
(Amended 27 of 1996 s. 9; L.N. 106 of 2002)