(Extract from 2012/13 Annual Report of Hong Kong Inland Revenue Department)

The Field Audit and Investigation Unit is responsible for conducting field audits and investigations on businesses and individuals with a view to combating tax evasion and avoidance. Back tax is assessed and penalties are generally imposed where discrepancies are detected. During 2012-13, the Field Audit and Investigation Unit completed 1,802 cases (including tax avoidance cases) and collected back tax and penalties of about $3.4 billion.

Field Audit

In 2012-13, there were 17 Field Audit sections. Field audit is conducted on both corporations and unincorporated businesses. The work of field auditors entails site visits to business premises and examination of accounting records of taxpayers in order to ascertain whether correct returns of profits have been made.

Anti-tax Avoidance

Two of the 17 Field Audit sections concentrate on tackling tax avoidance schemes, whereas other investigation officers and field auditors handle avoidance cases on an operational need basis. During 2012-13, the Field Audit and Investigation Unit completed 207 tax avoidance cases and assessed back tax and penalties of about $1.52 billion.

Investigation

In 2012-13, there were 5 Investigation sections. Investigation officers are responsible for conducting in-depth investigations into suspected tax evasion, and taking penal action (including     prosecution     proceedings    in        appropriate     cases) as  a deterrent.

Prosecution

One of the 5 Investigation sections is the prosecution section focusing on  criminal investigation of tax   evasion. Tax evasion is a serious crime. A person convicted of tax evasion could be sentenced to imprisonment for up to three years and fined. During the year, the Department successfully prosecuted 1 tax evasion case.        The case involved a company director assisting the company to evade profits tax. The defendant, convicted of evading profits      tax, was sentenced to 9 months’ imprisonment    and fined a total of $900,000,        being 93% of the tax evaded. The prosecution section    has also completed the investigation of 3 cases with prosecution potential and referred them to the Department of Justice for legal advice.