The controlled companies provisions in Hong Kong's Estate Duty Ordinance were designed to counteract avoidance of estate duty. In general terms, a proportion of the Hong Kong assets of a controlled company would be deemed to be included in the property passing on the death of a deceased and chargeable to estate duty. However, the scope of the provisions was so widely drawn that it could catch many innocent transactions. On the premise that the provisions were not for generating revenue, the Inland Revenue Department reassures in its Interpretation and Practice Note, issued on December 21 2000, its policy that the provisions would only be invoked where there is patently an attempt to avoid estate duty.
March 01 2001