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The Court of Final Appeal ruled that a director who signs a tax return for a corporation is an act “of the corporation” itself rather than “of an agent on behalf of the corporation”
As such, the director concerned would not be personally liable for penalties under section 82A(1)(a) of the IRO in respect of a corporation filing an incorrect tax return without reasonable excuse1.
This Hong Kong Tax alert summarizes the decision and our comments thereon.
1CIR v Koo Ming Kown and Murakami Tadao [FACV 1/2022]