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Hong Kong state aid and subsidy controltrademarks

Patrick Cox Asia Limited v The Commissioner of Inland Revenue

[2024] HKCA 944
JurisdictionHong Kong
CourtHK Court of Appeal
Year2024
StatusBinding authority

Summary

Court of Appeal established that profits derived by a fashion trademark licensor are taxable under section 14 of the Inland Revenue Ordinance.

Key Principle

Court of Appeal established precedent on the taxability of profits for fashion trademark licensors under section 14.

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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