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FAQ > Employer Obligation > G02

Q: What tax obligation do I have as an Employer? View : 85
A:

Keeping payroll records

1. Your tax obligations commence when you hire the first employee

2. On hiring the employee, you have to maintain a record of that person's :

(a) personal particulars (name, address, identity card or passport number with country of issue, marital status)
(b) nature of employment (full time or part-time)
(c) capacity in which employed (e.g. sales manager, salesman, worker, in-house lawyer, accountant, director)
(d) amount of cash remuneration (regardless of denomination in domestic or foreign currency and remuneration paid overseas)
(e) non-cash and fringe benefits (such as quarters, holiday journey benefits, share award, share option)
(f) employer's and employee's contributions to the Mandatory Provident Fund (MPF) or its equivalent
(g) employment contract and amendments to terms of employment
(h) period of employment

3. You have to inform the Inland Revenue Department ("IRD") the following:

(a) any change in the employee's personal particulars (such as change in residential and postal address, change in marital status)
(b) any change in the employee's terms of employment (such as a change from full time to part-time)
(c) the Hong Kong Identity Card No. of the employee

4. Business owners are required to keep business accounting records, including payroll records, for at least 7 years. For details of what and how records should be kept, see

• A Guide to Keeping Business Records
• Admissibility of Business Records Kept in Electronic Form for Tax Purposes

Reporting remuneration paid to an employee

General

(1) When you received an Employer's Return (BIR56A), you must complete it and lodge with IRD within 1 month even if

• you do not hire any employee (a Nil return should be made),
• the business has not commenced, or
• the business has ceased.

(2) If you have employed persons who meet the conditions stated in item 1(a) of Notes and Instructions for Forms BIR56A and IR56B but do not receive an Employer's Return for the year of assessment 2014/15 by mid April 2015, you should request the IRD to issue a return. Click here for more information.

(3) A copy of the completed IR56B/56E/56F/56G should be provided to the employee concerned so as to facilitate the correct completion of his/her tax return. Also see Obligations of An Employer (IR56H)

The Hong Kong Identity Card No. of the employee

If you have employed persons who meet the conditions stated in item 1(a) of Notes and Instructions for Forms BIR56A and IR56B but do not receive an Employer's Return for the year of assessment 2014/15 by mid April 2015, you should request the IRD to issue a return. Click here for more information.

Continuous Employment

You have to report the employee on your Employer's Return (BIR56A and IR 56B) for 2014/15 if he is

(a) single and paid an annual income of $120,000 or more
(b) married (regardless of amount)
(c) a part-time staff (regardless of amount)
(d) a director (regardless of amount)

New employment

You have to file one copy of IR56E (green form or via Electronic Filing of Employer's Return) within 3 months of employing a person if you anticipate that the employee is likely to be chargeable to Salaries Tax.

On termination of his service (or death)

You have to file one copy of IR56F (blue form or via Electronic Filing of Employer's Return) one month before the date of termination of his employment.

On his leaving Hong Kong for good or for a substantial period of time

(a) You have to ascertain from the employee his expected date of departure.
(b) You have to file two copies of IR56G (pink form or via Electronic Filing of Employer's Return) one month before the expected date of departure.
(c) From the date of filing IR56G and until such time the employee has made tax clearance and can produce to you a "letter of release" issued by the IRD, you should withhold all amounts due to be paid to him (including salaries, commission, bonus, reimbursement of rent/expense, money or money's worth included).

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