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There is much enthusiasm in Hong Kong for investment in
property, and for good reason. Companies can go bust, thus
vaporising the value of their shares and bonds. Property, however,
will always have a value. Most Hong Kong real estate will be worth
more in 10 years than it is now, although prices may ride a
roller-coaster along the way.
There is a shortage of housing here exacerbated by the policy to
release land slowly.
The government has announced a special stamp duty designed to
curb speculation and cool a heated market. Buyers and sellers are
jointly liable to pay a special 15 per cent "tax" on
property sold within six months of acquisition, 10 per cent if held
between six and 12 months and 5 per cent if sold within 24 months
of purchase.
Why not release some more land instead? Ultimately the market
will only calm down if there is sufficient supply to meet demand. A
property analyst friend recently estimated that annual demand for
new properties was 40,000 units and only about 15,000 units come on
to the market each year – the cause of the rapid rise in
prices seems clear enough. Hence the special tax seems unlikely to
make much difference.
For those buying property of a higher value – perhaps
for investment – it has probably always been the case
that it is prudent to buy in the name of a company and pay
corporation tax on rental income rather than personal tax. This is
due to the differing treatment of interest payable on loans taken
out to buy the property.
An individual may only get a tax deduction of up to HK$100,000
for the mortgage interest paid every seven years and only for a
loan on their primary residence. The deduction will have little
impact on those buying more expensive properties and is not
applicable to property bought for investment.
If a company makes the purchase, it pays profits tax not
property tax, and all expenses in relation to the property are
deductible from income. These are all rather compelling reasons to
buy through a company.
Corporate ownership also allows for anonymity. An individual
purchaser's name will appear on the public property register
but ownership of a company can be confidential.
Possibly the most compelling reason for corporate ownership is
that ownership of the property can easily be rearranged by
transferring the company's shares.
In some countries a transfer of the shares in a property-owning
company is treated and taxed as though it was a transfer in the
property itself. This is not the case in Hong Kong. The government
has not enacted any legislation with that effect, so it is possible
to "sell" a property by transferring the shares in the
property-owning company and thereby avoid the special tax.
The government has always had legislation at its disposal to
implement measures similar to the special stamp duty. In March last
year, the financial secretary said: "The Inland Revenue
Department has established procedures to track property
transactions involving speculation. If these transactions were
found to constitute a business, we will levy profits tax ..."
– in other words, a rapid purchase and sale of a property
would be treated as trading in property.
Gains would therefore be taxed as income, not capital gains. The
former is taxed, the latter is not.
Be aware of this possibility. This measure is similar to the
position for foreign investors in UK property. Non-residents of the
UK are not subject to UK capital gains tax. If a Hong Kong resident
buys UK property and rents it out, then on resale there will be a
capital gain. Non-UK residents would not pay tax on this gain.
However, if that same investor bought property and then sold it
rapidly, he could be considered as making money from trading in
property and would therefore have to pay UK income tax on the
profit. A Hong Kong company can be used to buy Hong Kong property
but it will frequently be more advantageous to use an offshore
company and register it in Hong Kong (if necessary).
Transfers in the shares of an offshore company can be made free
of tax and stamp duty. Transfers in the shares of a Hong Kong
company create stamp duty, albeit at low levels, and other costs.
Either way there are substantial advantages to corporate ownership.
Investors would be wise to consider this option but with this
caveat: speak with advisers to keep up to date on legislative and
tax changes.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Jointly Owned Property (JOP) is the term used to describe a building or land, which has been divided into units and where part of the land is designated as common areas (Article 2 of Law No. 27
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The Financial Secretary of Hong Kong, Mr. John Tsang, announced today (22 February 2013) that further stamp duty measures will be implemented, all effective starting in the mid-night on 23 February 2013.
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