Hong Kong SAR defers implementation of global minimum tax to 2024

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement


Hong Kong SAR defers implementation of global minimum tax to 2024

Sponsored by

sponsored-firms-kpmg.png
hongkong-2668914.jpg

Lewis Lu and John Timpany of KPMG China discuss Hong Kong SAR government’s open letter which indicated the deferral in implementation of global minimum tax under BEPS 2.0 in Hong Kong SAR.

The Secretary for Financial Services and the Treasury issued an open letter on August 15 2022 to provide the latest update on the implementation of pillar two under BEPS 2.0 in Hong Kong SAR. The letter can now be accessed via this link.

Key messages of the letter

The key messages of the letter are as follows:

  • The implementation of the income inclusion rule (IIR) has now been deferred from 2023 to 2024 at the earliest - the government plans to introduce the necessary legislative proposals to the Legislative Council in 2023;

  • As for the implementation timeline for the undertaxed payment rule, the government will monitor the implementation status of other jurisdictions and review Hong Kong SAR’s own implementation plan;

  • The government originally announced in the 2022–23 Budget delivered in February 2022 that it would consider introducing a domestic minimum top-up tax in Hong Kong SAR starting from year of assessment 2024–25 (i.e. April 1 2024) – this will now also be subject to the implementation status of other jurisdictions;

  • In the coming months, the government will continue to closely monitor the OECD's latest timetable on the implementation of BEPS 2.0 and the implementation plans of other jurisdictions, and keep stakeholders closely informed of the implementation progress of Hong Kong SAR; and

  • As the OECD’s aims to release the implementation framework of the global anti-base erosion (GloBE) rules under pillar two in late 2022, the government plans to launch a consultation towards the end of 2022 to collect views on the translation of the pillar two rules into domestic legislation and the relevant requirements.

KPMG observations

We welcome the government’s decision to defer the implementation of pillar two in Hong Kong SAR in line with international developments. The timely issue of the letter provides much needed clarification on the government’s implementation plan of pillar two in Hong Kong SAR.

Given the likely delay in the global minimum tax implementation in the EU and the fact that some other jurisdictions (e.g. the UK and Switzerland) have now planned to implement the IIR in 2024 instead of 2023, similar deferral in Hong Kong SAR is sensible.

We see no need for Hong Kong SAR to be the first mover on pillar two implementation. The deferral also allows more time for both the government and the in-scope multinational enterprise (MNE) groups in Hong Kong SAR to better prepare for the significant challenges pillar two implementation will present.

Having said that, in-scope MNE groups in Hong Kong SAR should recognise by now that it is almost (if not absolutely) certain that Hong Kong SAR will go ahead to implement pillar two and it is just a matter of timing as to when the implementation will take place.

These groups should make good use of the additional time available to prepare for perhaps the most significant changes to the Hong Kong SAR tax system in the past few decades.

more across site & shared bottom lb ros

More from across our site

It was also a memorable night for Galicia, KPMG, Skadden and Pinheiro Neto, all of which scooped major awards at a gala ceremony in New York
The former Deloitte UK CEO earned a 45% raise in a year when 1,000 staff reportedly lost their jobs – and the pay gap is only getting bigger
In a seminal development for big law, the 95-year-old firm is set to cease operations after a series of high-profile partner departures
UK Chancellor John Healey extended a VAT cut, suspended tariffs, increased a bank surcharge and vowed to increase funding for HMRC
Kristine Riisberg warned that TP decisions can determine top-up tax exposure under pillar two, while global consensus over the rules remains unsettled
Both Germany’s NIS2 and the EU AI Act now determine whether a tax function can meet its obligations – and both can make management personally accountable
Originators, loan purchasers and securitisation vehicles may need to revisit servicing agreements and pricing after a key judgment narrowed the VAT credit management exemption
Opening doors for existing talent within Baker McKenzie and a desire for enhanced legal capabilities informed Ricardo Perera’s switch from KPMG
Boaz Goren’s move to the upstart PE-backed firm takes the number of senior UK tax professionals who have left EY this year to 13
The allegations against Deloitte Cyprus raise uncomfortable questions about how far the big four can distance themselves from misconduct at member firms
Gift this article