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Breaking Down the Tax Differences Between Personal vs. Corporate Ownership

  • Writer: 炒年糕的貓貓
    炒年糕的貓貓
  • Jul 14
  • 3 min read
hongkong street

If you're a Hong Kong property owner, effectively managing the tax burden on rental income is a key strategy for maximizing investment returns. The choice between holding rental properties under a personal name or a company name leads to entirely different tax treatments, directly impacting your net profits. This article will delve into the core tax differences between the two approaches and provide real-case calculations to help you determine the most tax-efficient solution based on your circumstances.

1. Personal Ownership: Property Tax vs. Personal Assessment


If you hold rental properties in your personal name, you can choose to be taxed under either Property Tax or Personal Assessment. The optimal choice depends on which method results in a lower overall tax liability.


Property Tax


Calculation Formula:

Rental Income → Deduct Irrecoverable Rent → Deduct Rates → Subtract 20% Repair Allowance → Tax remaining amount at 15%.


Key Features:

  • Fixed 15% tax rate.

  • The 20% repair allowance is a standard deduction—actual expenses (e.g., management fees, mortgage interest) cannot be claimed separately.


Example Calculation:


Monthly rent: $20,000 → Annual rental income: $240,000 → Rates paid: $12,000

  • Net rental income = $240,000 - $12,000 = $228,000

  • 20% repair allowance = $228,000 × 20% = $45,600

  • Assessable value = $228,000 - $45,600 = $182,400

  • Property tax payable = $182,400 × 15% = $27,360

Personal Assessment (Optional)


If you choose this method, rental income is combined with salary income and taxed at progressive rates (2%-17%). Deductible items include:


  • Mortgage interest (subject to self-use conditions)

  • Personal allowances (e.g., basic allowance of $132,000, dependent parent allowances)

  • Other deductions (e.g., MPF contributions)

2. Corporate Ownership: Profits Tax


If you set up a limited company to hold rental properties, rental income is treated as business profits and subject to Profits Tax.


Key Features:

  • Two-tier tax rates:

    1. 8.25% on the first $2 million of profits

    2. 16.5% on profits exceeding $2 million

  • Broader deductible expenses: Includes rates, management fees, repairs, mortgage interest (no cap), etc.


Example Calculation (vs. Personal Ownership):

Annual rental income: $240,000

  • Deductible expenses (rates, management fees, repairs, mortgage interest, etc.): $80,000

  • Assessable profit = $240,000 - $80,000 = $160,000

  • Profits tax payable = $160,000 × 8.25% = $13,200

  • Compared to Property Tax ($27,360): Saves ~$14,160 (~51.7%)

3. Key Tax Differences

Factor

Personal (Property Tax / Personal Assessment)

Corporate (Profits Tax)

Tax Rate

15% (Property Tax) or 2%-17% (Personal Assessment)

8.25% (first $2M), 16.5% (above)

Deductible Expenses

Only rates, bad debts, 20% repair allowance

Full deductions for management fees, repairs, etc.

Mortgage Interest Deduction

Only under Personal Assessment (capped)

Fully deductible (no cap)

Administrative Costs

Low (just tax filing)

Higher (audit, company maintenance)

Best For

Low rental income, minimal expenses

Multiple properties, high expenses, long-term holding

4. Which Is Better? Key Scenarios


The optimal choice depends on your financial situation, property portfolio, and future plans:


Single Property, Low Expenses, Low Other Income

  • If expenses (especially mortgage interest) are low and you have little other income, Property Tax (15%) may be simplest.

  • If mortgage interest is high (near $100K cap) and your total income (salary + rental) is low, Personal Assessment (progressive rates + deductions) could be better.

High Expenses, Multiple Properties, Long-Term Holding

  • Corporate ownership shines here:

  • Full expense deductions (management, repairs, mortgage interest with no cap).

  • Lower tax rate (8.25%) if profits stay under $2M.

  • Portfolio consolidation: Losses from one property can offset profits from another (not possible under personal ownership).

  • Easier future transfers: Share transfers (vs. property transfers) may reduce stamp duty, but professional advice is needed.

Conclusion


Tax planning is complex, and every owner’s situation is unique. Before making major decisions (especially setting up a company), consult an experienced tax advisor. If you're considering tax optimization or need help setting up a Hong Kong company, contact Oceanus Strategic for expert guidance. Stay tuned for more insights!

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