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Strategies & Market Trends : 2026 TeoTwawKi ... 2032 Darkest Interregnum -- Ignore unavailable to you. Want to Upgrade?

To: Hawkmoon who wrote (108003)	10/14/2014 2:20:27 AM
From: TobagoJack	Read Replies (3) \| Respond to of 217981

<<You know the HK income tax laws better than I..>> ... Very likely to be the case. <<But it sounds like compensation, and not a capital gain>> ... The issue is not only and just 'compensation', but from where the compensation came, on- or off-shore, and ... Whether the service rendered is to a Hong Kong or off-shore company, and ... Whether the services rendered is to be in Hong Kong as opposed to some off-shore conference room <<Can someone be compensated, income wise, by providing a service of NOT doing something?>> ... Dunno, why don't we try it and find out; what would you like to pay me for not doing? <<If I pay you to be available to consult for me>> ... called retainer! but depends on whether I did or not consult for your entity based in Australia or Hong Kong, and did so from Hong Kong or in a conference room in wherever outside of Hong Kong, and of course, whether you can produce proof of all of the above. <<as well as not to compete against me, or hire my staff away>> ... Called cost of acquisition, a capital gains item to be depreciated over the course of the term of acquisition phase. <<sounds like I'm compensating you>> ... What were we talking about again? <<The question I have is how the Australian>> ... No it does not. It matters only how the contract is worded, and whether there is a confidentiality clause in it written exactly how. <<Hmmm... let the tax courts decide.>> ... Freedom Hong Kong and liberty Kowloon has a wonderfully fantastic rule of law regime whereby loser, even if governmental authorities, pay the cost of the winner, even if for government prosecuted cases. Wasting governmental resources can get the offending servant formerly civil fired if demo-ed that the case should not have been from the get-go. One of the get-go test is "sufficiency of evidence for conviction" Given so and stipulated thus, "your move, mr prosecutor" <<But I doubt he actually received a written tax opinion at the time of the agreement.. Otherwise, he would have produced it, and the tax professional who wrote it.>> ... Doubt is healthy. The burden of proof is on you, the prosecuting entity / individual, and given such, there would be zero inclination for anyone facing threat of prosecution to make it easy for you, and plenty of rational to pre-position, stock up on dry powder, simply wait for your foolish approach, and ... Best remain not graphic, for the scene would be ... Ugly, consequential, career defining, and pension costing. As I stated, "your move, if you feel particularly lucky" The dysfunctional legal systems of mainland China and the entirety of America is not suitable from freedom Hong Kong and liberty Kowloon, where even if one wins, one loses, in the America, and one a not likely win, in the case of mainland China.