Question
Marfan Ltd carries on business in Hong Kong as an agent of its parent company, Trouble Ltd, which was incorporated in the Cayman Islands. Under the terms of the Agency Agreement, Marfan Ltd is required to negotiate with customers in Hong Kong on behalf of Trouble Ltd, and has the sole and exclusive authority to fix prices and accept orders. In return for its services, Marfan Ltd is paid an agency fee based on 15% of the annual profits made on the contracts negotiated. Sales contracts are made in the name of Trouble Ltd and administered in Hong Kong by Marfan Ltd. All sales and purchases are recorded in the books of Trouble Ltd. Trouble Ltd purchases the goods from overseas suppliers, but the shipments are often made directly to the customers in Hong Kong. In November 2012, Marfan Ltd was approached by a customer in Korea who was interested in placing a substantial order. Marfan Ltd sent its business development director to negotiate with the customer in Korea, and signed the contract there. Shipment was then made directly to the customer in Korea.
Required:
a Discuss the Hong Kong tax implication of the profits earned by Trouble Ltd in respect of the sales made to the Hong Kong customers through Marfan Ltd.
b State, giving reasons, whether the agency fee earned by Marfan Ltd is taxable in Hong Kong.
c Explain the Hong Kong profits tax implications to Marfan Ltd in respect of the sale transaction conducted in Korea.