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Hong Kong stamp duty special rates

John Wiley & Sons UK2 LLP v Collector of Stamp Revenue

[2024] HKCA 578
JurisdictionHong Kong
CourtHK Court of Appeal
Year2024
StatusBinding authority

Summary

A partnership does not have issued share capital and therefore cannot claim stamp duty relief under the relevant Hong Kong statutory provisions.

Key Principle

Partnership does not have issued share capital for purpose of claiming stamp duty relief.

Area of Law

tax

Related Cases

Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503

Statutory interpretation in tax law requires ascertaining meaning from text, context and purpose; beneficial construction favouring taxpayer is not appropriate.

Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (Statutory Construction) [2012] HCA 55

Tax legislation is construed by giving words their ordinary meaning in context; legislative purpose resolves ambiguity but cannot override clear statutory language.

Aid/Watch Inc v Commissioner of Taxation (2010) 241 CLR 539

An organisation engaged in political advocacy and law reform can qualify as charitable, as generating public debate on matters of public interest satisfies the public benefit requirement.

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