Aviation Fuel Supply Company Limited v CIR – nature of compensation payment – capital or revenue
Aviation Fuel Supply Company Limited v CIR – natu...
Tax alert - Issue 2, January 2013
In a further win for taxpayers, the Court of Appeal upheld the decision of the Court of First instance that a payment was not earned from the carrying on of business and was not taxable. The Court of Appeal handed down its judgement in Aviation Fuel Supply Company v CIR on 4 December 2012, finding in favour of the taxpayer. The case concerned whether a lump sum received by AFSC when its franchise agreement with the Airport Authority was terminated was subject to Hong Kong profits tax.