Enhancing Tax Certainty: Proposed Scheme in Hong Kong and Its Implications

It is proposed that with effect from 1 January 2024, onshore equity disposal gains derived by an investor entity would be regarded as non-taxable without the need to conduct the “badges of trade” analysis, if the investor entity has held at least 15% of the total equity interest in the investee entity for a continuous period of at least 24 months ending on the date immediately prior to the date of disposal of such interest.

The main points of the above are summarised in the attached factsheet.