Offshore company(That is, a company incorporated outside Hong Kong and registered as non-domiciled in Hong KongHong Kong company)Is Hong Kong Profits Tax payable in Hong Kong?

First, there is no provision in the Inland Revenue Ordinance to exempt offshore companies from profits tax. Whether an offshore company is subject to profits tax depends on the nature and scope of its business in Hong Kong. 

Secondly, generally speaking, a company is liable to profits tax if it carries on a trade, profession or business in Hong Kong and obtains profits from that trade, profession or business arising in or derived from Hong Kong. The same principle applies to companies incorporated in Hong Kong as well as overseas.

Finally, how does the IRD determine whether a company is carrying on business in Hong Kong? The question must be decided on the facts, which differ from case to case. However, it is important to note that a company does not have to have a substantial amount of business in Hong Kong to be operating in Hong Kong. For example, the activities carried out by the company's agents in Hong Kong may also be considered as relevant factors.

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