(I posted this in the Legal section, but am posting it here because I really need help urgently.)
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 briefly 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.
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jdhk
18 yrs ago
I'm not a lawyer but from a quick glance at the IRD website it would seem that this is their standard policy for dealing with people who leave (or try to leave) while still owing tax.
See
http://www.ird.gov.hk/eng/pol/rtd.htm
Same website suggests you contact the Collection Enforcement Section, 6/F Revenue Tower, Wan Chai. Telephone 2594 3206
I would imagine the only 'legal recourse you have to get out of this situation' is to front up there on Monday morning, explain the situation and be prepared to pay whatever tax you owe plus interest, surcharges, fee. Doubt that you good record for paying US taxes will hold any sway here as it is HK taxes that you actually owe.
Maybe there is a tax lawyer out there who can offer further insight....
Good luck!
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I appreciate your reply jdhk.
I'm in a real jam. The amount I suspect that they want me to pay is a huge problem for me, I just don't have that kind of cash.
What happens if I don't have the money? I mean can they hold me here indefinitely? Am I a prisoner in HK?
I'm tempted to try and leave surreptitiously if there was a decent chance I wouldn't get caught / get in trouble.
I'm in a real jam. I gotta get out of HK. I should have never come back, I never realized that 5 or 6 years later this was going to be an issue...
Any others?
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jdhk
18 yrs ago
I imagine that they can keep your passport flagged for as long as it takes for you to contact them and try to sort it out which effectively means yes, you can't leave until you do so.
Not sure what you mean by trying to leave 'surreptitiously' but wouldn't recommend it as it undoubtedly would get you into more of a fix than you currently are - if you can't afford to pay your tax then I doubt you can afford fines for trying to leave the country illegally not to mention the fact that you could end up as a real prisoner....
Sorry but I think your only real way out is to face up to it and then try to sort it as best you can. Also if your potential business venture is based in HK then I doubt that you would get very far with it if you don't sort this out first.
As I said this is just a common-sense view but I doubt that a tax lawyer would tell you very much different.
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I appreciate the insight jdhk.
I just don't know what they can do if I don't have the cash. I mean its like trying to squeeze blood from a stone at this point. I just don't have it.
If I could get back home and try and borrow some funds, I might be able to come up with it, but it certainly can't be done over the phone and have it sent over to me. I just don't have access to that kind of capital.
I just don't know what more they can say if I don't have it. I certainly won't be able to raise the money here that's for sure, so will they still just force me to sit here and rot?
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Frankly, what would be really helpful would be to hear some legal advice if anyone is familiar with this kind of a situation. Can there be some type of negotiated release where I get to leave? If the amount is cut down to a manageable sum, I might be able to swing it, but there is no way I'll be able to pony up the full amount that is for sure.
I just have no idea what the optimal negotiable tactic here is.
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Oski
18 yrs ago
1) HK legal system is similar to the UK system, not that different from the US. Which means you can contest anything the government claims against you in court. However, you better have a good case. If you actually do owe the taxes, then well... I suggest you visit the US Consulate first thing on Monday to find out what help you can get from them. They will be able to tell you definitively how long the HK tax authority can hold you in HK.
2) HK law enforcement is very lenient, and you should be able to negotiate a settlement. I would suggest you get some legal help. A good lawyer can easily save you more money then the cost of service in such situations.
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This is great advice Oski. I never actually thought of going to the US Consulate, but this is probably a good idea. I'll definitely do this first thing Monday.
I hope they'd be open to a reduced (and really reduced) amount, since I really don't have the cash for much more than that.
Thanks all. Coming to this website has helped me inch off of the brink of desperation. Please keep your thoughts coming.
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also, any references for lawyers who would be ideal in this type of situation would be greatly appreciated.
please send me a PM for discretion. thanks
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Errm, you broke the law by leaving without paying due tax.
You don't have much legal recourse other than paying the outstanding bill.
Be thankful, if you were a Filipino maid you'd already be in jail!
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personally, i think the only concession you'll get from the HKSAR Government is your outstanding tax to be repaid in monthly installments. You'll need to negotiate your amount as the tax office will not for example let you pay-off the outstanding amount over 4 years but will probably accept 6-12 months...then when you've made your first installment leave the country (not setting a good example am I?). Oh, I would also ask them about your travel restrictions when you've arranged the installment plan.
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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.
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did they let you out, what actually happened, i have to ask because i am in a similar situation myself
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