8. How is the benefit of the provision of a place of residence assessed with respect to an employee's Salaries Tax?

If the Assessor accepts that what the employer provides to the employee is a place of residence, only the “Rental Value” ( RV ) will be computed and charged to tax. If not so acceptable, the benefit provided by the employer must be assessed as a “ perquisite” at its cash value (which is fully chargeable to tax under section 9(1)(a) of the Inland Revenue Ordinance ).

Examples of "perquisites" (employee is not provided with a place of residence) are :

• rent allowance,
• refunds of mortgage payments, and
• subsidies on mortgage interest payments.

Employee is provided with a place of residence

Housing benefits arising from employment are part of the employee's income. If the employee is provided with a place of residence by the employer or by a corporation associated with the employer, the "Rental Value" ( RV ) of that place of residence must be included in the employee's Assessable Income. The RV is calculated at either 4%, 8% or 10% of the total net income after deducting outgoings and expenses, depending on the type of accommodation provided:

Example 1

Mr. C earned $600,000 in a year and was provided with a flat as his place of residence. He claimed deductions for his annual subscription to the Institute of Engineers $2,000 (i.e. outgoing & expenses), contributions to MPF $12,000 and expenses of $27,500 for self-education in that year. Mr. C's Assessable Income would be computed as follows :

Example 2

Mr. L came to work in Hong Kong on 1 April 2004. He was remunerated at salaries of $50,000 per month, plus a place of residence. During his first month in Hong Kong , he occupied one room in a hotel. On 1 May 2004, his wife and children arrived and the family moved into a 2-bedroom suite in the hotel. On 1 July 2004, he and his family moved into a flat provided by the employer.

The RV should be computed as follows :