5 September 2023 Latest development on Hong Kong Certificate of Resident Status application and case sharing

Aug 9, 2023

The Inland Revenue Department (“IRD”) has recently revisited its approach to the issuance of Certificate of Resident Status (“CoR”). Under the revised approach, the IRD will base its decision of whether a COR can be issued on the plain definition of “resident of the Hong Kong Special Administrative Region” in the relevant comprehensive avoidance of double taxation agreement / arrangement (“DTA”). Meanwhile, the IRD has formalised the administrative facilitation measures with respect to applications for CoR relating to the Circular of the State Taxation Administration on Matters Concerning “Beneficial Owners” in Tax Treaties (“Public Notice 9”). Despite these updates, as in the past, obtaining a CoR does not guarantee a successful claim for treaty benefits under the DTA. For instance, even if an entity has obtained a CoR under the DTA between the Mainland of China and Hong Kong, the Maintain tax authorities would also need to determine whether all the necessary conditions are fulfilled (e.g. the beneficial ownership status under Public Notice 9) before granting the relevant tax benefits under the DTA.

In the webinar, the speakers will:

· explain the revised approach and current practice by the IRD in issuing CoR

· discuss the key areas to note for CoR applications relating to Public Notice 9

· share the practical challenges faced by taxpayers from the PRC tax authority under Public Notice 9


Ricky Chow, Partner, Tax Services, PwC Hong Kong

Ricky Chow is a tax partner of PwC Hong Kong. Over the last eighteen years, Ricky has been focusing on providing various kinds of Hong Kong and international tax consultation advice as well as being involved in tax planning and tax structuring work for companies with cross-border transactions. He serves a wide range of clients including multi-national corporations and PRC enterprises, and possesses extensive experience in resolving tax disputes with the Hong Kong Inland Revenue Department. He is also a frequent tax seminar speaker and contributor of articles in tax journals.

Cynthia Lam, Partner, Tax Services, PwC China

Cynthia is a tax partner at PwC China. She has been working in Hong Kong, Guangzhou, Shenzhen and Zhuhai (Greater Bay Area cities) for more than fifteen years and is experienced in PRC tax advice, and also knowledgeable in advising cross-border tax and transfer pricing matters. She is also one of the core members of PwC Greater Bay Area service line. Cynthia has maintained cordial relationships with the tax and government authorities in the PRC, and is a guest speaker in public seminars and events organized by government bodies.

Horace Wan, Senior Manager, Tax Controversy Services, PwC Hong Kong

Horace Wan is experienced in assisting clients with commercial substance build-up and tax treaty benefit applications. He also provides tax consulting services on corporate structuring, mergers and acquisitions, and assists clients in handling tax audit and investigation cases. His client portfolio includes multinational groups as well as regional groups and private businesses.