### Inland Revenue Ordinance 《稅務條例》

58D. Consistency with CbCR documents and application to reportable group
(1) This Division is to be read in the way that best secures its consistency with the requirements and guidance in the CbCR documents.
(2) The provisions of this Division about filing a country-by-country return and notices in respect of an accounting period (period P) apply in relation to a multinational enterprise group that meets the threshold requirement in the immediately preceding accounting period (period P-1). (The group is referred to as a reportable group for period P.)
(3) A multinational enterprise group meets the threshold requirement for the purposes of subsection (2) if—
(a) it has a total consolidated group revenue (as shown in its consolidated financial statements for period P-1) of at least the specified threshold amount; or
(b) it has a total consolidated group revenue (as would have been shown in its consolidated financial statements for period P-1 had the group been required to produce them by reason of the trading of equity interests in any of the enterprises in the group on a public securities exchange) of at least the specified threshold amount.
(4) However, if—
(a) a multinational enterprise group’s ultimate parent entity is resident for tax purposes in a jurisdiction other than Hong Kong (jurisdiction U); and
(b) the group draws up its consolidated financial statements in respect of period P-1 in a currency of jurisdiction U (currency U) or would have drawn them up in currency U if the group had been required to produce them,
the reference to specified threshold amount in subsection (3) has effect as if it were jurisdiction U’s threshold amount.
(5) In this section—

jurisdiction U’s threshold amount (終區門檻款額) means—
(a) if jurisdiction U requires the filing of a country-by-country report in respect of period P by a multinational enterprise group that has a total consolidated group revenue for period P-1 of at least a threshold amount and that amount is specified under the laws or regulations of jurisdiction U—the threshold amount specified; or
(b) in any other case—an amount, in currency U, that is equivalent to EUR 750 million as at January 2015;

specified threshold amount (指明門檻款額) means $6.8 billion.
(6) The Secretary for Financial Services and the Treasury may, by notice published in the Gazette, amend the definitions in subsection (5).

### Inland Revenue Ordinance 《稅務條例》

58E. HK ultimate parent entity required to file country-by-country returns
(1) A HK ultimate parent entity of a reportable group must file a country-by-country return in respect of period P by the filing deadline if period P begins on or after 1 January 2018.
(2) A HK ultimate parent entity of a reportable group may file a country-by-country return in respect of period P by the filing deadline if period P begins on or after 1 January 2016 but before 1 January 2018.

58F. Other Hong Kong entities required to file country-by-country returns
(1) A Hong Kong entity of a reportable group that is not the group’s ultimate parent entity must file a country-by-country return in respect of period P by the filing deadline if, in relation to the group, a condition precedent for Hong Kong to require a Hong Kong entity of the group that is not the ultimate parent entity to file a country-by-country report is met within the meaning of section 58I(1).
(2) Subsection (1) does not apply if—
(a) the SPE-filing-elsewhere exception or SPE-filing-in-HK exception applies within the meaning of section 58I(2); or
(b) by the filing deadline, another Hong Kong entity of the group has filed a country-by-country return in accordance with this section in respect of period P.

58G. Assessor’s notice to entity
(1) An assessor may give a written notice to an entity requiring it to file a country-by-country return for an accounting period specified in the notice (specified accounting period) by a date specified in the notice.
(2) An entity to whom an assessor has given a notice under subsection (1) is not required to comply with the notice if the entity satisfies the assessor—
(a) that the entity is not a Hong Kong entity of a reportable group in respect of the specified accounting period; or
(b) where the entity is a Hong Kong entity of a reportable group, any of the following—
(i) both—
(A) the entity is not the group’s HK ultimate parent entity; and
(B) in relation to the group, no condition precedent for Hong Kong to require a Hong Kong entity of the group that is not the ultimate parent entity to file a country-by-country report is met within the meaning of section 58I(1);
(ii) by the filing deadline, another Hong Kong entity of the group has filed a country-by-country return in accordance with section 58E or 58F in respect of the specified accounting period;
(iii) the SPE-filing-elsewhere exception or SPE-filing-in-HK exception applies within the meaning of section 58I(2) in respect of the specified accounting period.

### Inland Revenue Ordinance 《稅務條例》

58M. Engagement of service provider
(1) A service provider may be engaged for or on behalf of a reporting entity—
(a) to comply with any requirement under—
(i) section 58E(1) or 58F;
(ii) section 58H; and
(iii) section 58L(1); or
(b) to file a country-by-country return under section 58E(2).
(2) To avoid doubt, even if a service provider has been engaged under subsection (1) to comply with any requirement under a provision referred to in the subsection, the reporting entity is not relieved from its obligations under the provision.

58N. Application of obligations to non-corporate reporting entities
(1) In relation to a Hong Kong entity that is not a corporation, this Part applies to a person who acts for the entity or is responsible for the management of the entity as if the obligations under this Part were imposed on that person.
(2) In relation to a Hong Kong entity that is a permanent establishment of an enterprise, this Part also applies to the enterprise as if the obligations under this Part were also imposed on that enterprise.

58O. Anti-avoidance of obligations under this Part
If—
(a) a person enters into any arrangements; and
(b) the main purpose, or one of the main purposes, of the person in entering into the arrangements is to avoid any obligation under this Part,
this Part has effect as if the arrangements had not been entered into.