Understanding Hong Kong’s Property Tax System

Property tax in Hong Kong is levied on the owners of land and buildings within the territory, with the notable exception of government and consular properties. Administered by the Inland Revenue Department (IRD), this tax is calculated at a standard rate of 15% on the net assessable value of the property.

The fundamental principle of Hong Kong property tax is straightforward: it applies to rental income derived from property ownership. This means that if you own a property but do not receive rental income from it, you are not subject to property tax on that property.

How Net Assessable Value is Calculated

The net assessable value (NAV) is determined through the following calculation:

1. Assessable Value (AV): Total rental income less allowable deductions (rates paid by the owner and irrecoverable rent)
2. Net Assessable Value (NAV): Assessable Value less 20% statutory allowance for repairs and outgoings
3. Property Tax Payable: NAV × 15%

Property Tax Exemptions in Hong Kong

1. Owner-Occupied Property Exemption

Eligibility: Properties occupied by the owner for self-use are not subject to property tax as no rent is receivable with respect to that property. This is the most common exemption and applies automatically.

Important Note: While owner-occupied properties are exempt from property tax, they remain subject to rates, which are charged at progressive rates on the rateable value (5% for the first HKD 550,000, 8% for the next HKD 250,000, and 12% for the remainder).

2. Business Property Exemption

Eligibility: Corporations carrying on a trade, profession, or business in Hong Kong can apply for exemption from property tax if the rental income from that property is already assessable under profits tax.

How to Apply: Submit a written application to the Commissioner of Inland Revenue. Complete the “Apply for Exemption from Property Tax” column in Part 1 of your Property Tax Return to expedite processing. The property tax paid would otherwise be set off against profits tax liability.

3. Government and Consular Properties

Eligibility: Government properties and consular properties are automatically exempt from property tax under Hong Kong law.

4. Section 88 Charitable Organizations

Eligibility: Charitable institutions and trusts of a public character recognized under Section 88 of the Inland Revenue Ordinance are exempt from profits tax, which extends to rental income from property letting, provided specific conditions are met.

Key Conditions:

• The organization must not be operated for profit
• Profits must be reinvested in charitable activities
• Property-related activities must be directly related to the charity’s expressed objects
• Recognition must be obtained from the IRD (application process typically takes 4 months)

Additional Benefit: Section 44 of the Stamp Duty Ordinance provides stamp duty exemption on property transfers to Section 88 exempt institutions when transferred as a gift.

Property Tax Exemption Eligibility at a Glance

Property Tax Reliefs and Deductions

Standard Deductions Available to All Landlords

1. 20% Statutory Allowance for Repairs and Outgoings

Description: A flat-rate 20% deduction is automatically granted on the assessable value to cover repairs and outgoings. This is an all-inclusive allowance that applies regardless of actual expenses incurred.

Important: You cannot claim separate deductions for government rent, building management fees, decoration expenses, repair expenses, rent-collection fees, commission, insurance, or mortgage interest under property tax. The 20% allowance covers all these items.

2. Rates Paid by Owner

Eligibility: If the property owner is responsible for paying rates (rather than the tenant), these rates can be deducted from the assessable value before applying the 20% statutory allowance.

Conditions:

• Only rates agreed to be paid and actually paid by the landlord are deductible
• Do not claim deduction for rates already offset by government rates concessions
• Government rent charged with rates is not deductible for property tax purposes

3. Irrecoverable Rent

Eligibility: Only the amount of rent confirmed to be irrecoverable during the year of assessment is deductible.

Conditions:

• Rent must be genuinely irrecoverable (not merely deferred payment)
• If rental deposit was used to offset uncollected rent, only the balance can be claimed
• If the rent is subsequently recovered, it must be reported as rental income in the year of recovery
• The tenant must have vacated or the rent must be confirmed as uncollectible

Personal Assessment Election for Enhanced Relief

What is Personal Assessment? Personal assessment is a form of tax relief available to Hong Kong residents that aggregates all income (salaries, business profits, and rental income) into a single assessment, allowing for additional deductions and allowances.

Benefits of Personal Assessment for Property Owners

• Mortgage Interest Deduction: Interest on loans taken to acquire rental properties can be deducted (this is the primary benefit for property owners)
• Personal Allowances: Married person’s allowance, child allowance, dependent parent allowance, and other personal allowances can be claimed
• Tax Reduction: May benefit from any annual tax reduction measures announced in the budget (note: property tax itself is not eligible for tax reduction)
• Loss Offset: Losses from one source can be offset against income from other sources

Eligibility Requirements

• You must be ordinarily resident or a temporary resident in Hong Kong
• For married couples, at least one spouse must meet the residency requirement
• Both spouses must have income assessable to tax under the Inland Revenue Ordinance

How to Elect for Personal Assessment

1. Complete Part 7 of your Tax Return – Individuals (BIR60), or
2. Submit application form IR76C within the prescribed time limit
3. Married couples can elect separately or jointly from the year of assessment 2018/19 onwards

Important Consideration: Personal assessment uses progressive tax rates rather than the standard rate. For high-income earners, this may not be advantageous as the marginal progressive rate can exceed the 15% standard rate. Consult a tax professional to determine if personal assessment is beneficial in your situation.

How to Claim Property Tax Exemptions and Reliefs

Step-by-Step Guide

Special Application Procedures

For Business Property Exemption

Submit a written application to the Commissioner of Inland Revenue specifying that your corporation is carrying on business in Hong Kong and the rental income is assessable under profits tax. Include:

• Company name and business registration number
• Property address and rental details
• Explanation of how the rental income is included in profits tax computation
• Completed section in Part 1 of the Property Tax Return

For Section 88 Charitable Organization Recognition

Organizations seeking charitable status must:

1. Read the “Tax Guide for Charitable Institutions and Trusts of a Public Character” published by the IRD
2. Submit a comprehensive application demonstrating charitable purposes
3. Provide governing documents, financial statements, and operational details
4. Allow approximately 4 months for processing (if all information is provided)
5. Ensure property-related activities are directly related to charitable objects

Common Mistakes to Avoid

Frequently Asked Questions

Q: I rent out a room in my owner-occupied property. Am I exempt from property tax?

No. If you receive rental income from any part of your property, that rental income is subject to property tax. The exemption only applies when the entire property is used for self-occupation with no rental income.

Q: Can I choose not to claim the 20% statutory allowance and instead claim actual expenses?

No. The 20% statutory allowance is mandatory and automatically applied. You cannot opt to claim actual expenses instead under property tax assessment. However, if you elect for personal assessment, different rules may apply.

Q: What happens if I own the property jointly with my spouse?

Joint owners are jointly and severally liable for property tax. However, you can elect for personal assessment separately or jointly depending on your circumstances. The rental income would typically be split according to ownership proportion.

Q: I’ve purchased a property for investment but haven’t found a tenant yet. Do I need to pay property tax?

No. Property tax is only charged when rent is receivable. If the property is vacant and not generating rental income, there is no property tax liability. However, you should still respond to any property tax returns issued by the IRD.

Q: How long does it take for the IRD to process a business property exemption application?

Processing times vary, but if you complete the relevant section in Part 1 of the Property Tax Return and provide all necessary information, the IRD typically processes these applications efficiently. For complex cases, it may take several weeks to a few months.

Q: Can I backdate a personal assessment election if I realize it would have saved me tax in previous years?

Personal assessment elections must generally be made within the prescribed time limit (typically one month after the issue date of the tax return for that year). Late elections may be accepted in certain circumstances, but you should contact the IRD as soon as possible to discuss your situation.