Urgent Help Needed

OK. So I'm a US citizen that worked in HK about 5 years ago. When I left it was very chaotic (family issues) and I left very hastily.


Fast forward to today and I am back in HK for a potential business venture, and as I tried to leave the airport today, Immigration flagged my Passport as having been held up by the Inland Revenue Service. I'm not sure how much the amount is for since it is closed now.


Its Sat today and have had to cancel my flight plans and am stuck until I can go to speak with them on Monday morning to sort this mess out.


My questions are twofold:


1) What legal recourse do I have (if any) to get out of this situation? They claim that there is a "court injunction" on my status holding up my departure. Is this airtight? Do I have any legal recourse? I am fully paid on my US taxes btw if that helps.


2) Are tax settlements negotiable? And if so, how much and what is the best approach?


Any insight, help, guidance would be extremely helpful.

I'm sure it was quite a shock to be stopped at the airport!


Depending on how long you previously worked here, it may be that you owe very little as the IR usually collects a prepayment of the next year's taxes. I left HK at one point and only had to pay a few thousand dollars in taxes.


As you said, you can't contact IR until Monday, but:

- you can read up on the IR Ordinance online

- if you have any documents related to your salary/employment and maybe as to why you suddenly left HK, have them faxed to you to support any claims you may have

- your employer should have sent a form IR 56G to Inland Revenue when you left HK - contact your former employer to get a copy of this form


One approach that may work with the IR on Monday is to be totally apologetic and admit your error - and have cash in hand to pay whatever you owe.


Not an easy situation! Good luck!

Thank you for your post aemom,


I am going to be contacting my employer on Monday morning. It was a very scary thing to be stopped and detained... not a pleasant experience for sure.

Typically BOTH the Immigration and Tax authorities in HK are very sensible on these matters BUT.....if you truly owe taxes you must make arrangements to pay them. But all is not as it seems....one typical positive in your situation is that the IRD 'may' have in their charge documentation a computation of your "provisional tax" for a period that you actual (due to your speedy departure) WERE NOT in HK.....this should be reviewed, you may owed then much less than they believe.


Since you ask.....the best approach is to IMMEDIATELY get some professional assistance to negotiate a settlement and allow your departure forthwith: contact us and we CAN help...no doubt.


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

Theatre Lane

20 Des Voeux Road Central

Central

Hong Kong


Tel : 2526-1767

Fax : 2868-3568

email : weirlaw@hongkonglaw.com

www.HongKongLaw.com/weirlaw

Thanks to everyone who pitched in with their 2 cents, it really made a difference. Most of all thank you to the angel who came to my rescue -- someone who has saved my sorry a$$ more than once -- I am forever grateful.