FSTB responds to media enquiries regarding preferential tax regime for carried interest
In response to media enquiries regarding the preferential tax regime for carried interest of the Inland Revenue (Amendment) (Preferential Tax Regimes for Funds, Family-owned Investment Holding Vehicles and Carried Interest) Bill 2026, the Financial Services and the Treasury Bureau issued the following reply today (August 12):
The Government introduced the Inland Revenue (Amendment) (Preferential Tax Regimes for Funds, Family-owned Investment Holding Vehicles and Carried Interest) Bill 2026 into the Legislative Council (LegCo) in June this year, to enhance the preferential tax regimes for privately offered funds, family-owned investment holding vehicles managed by eligible single family offices and carried interest, with a view to attracting more funds and family offices to establish a presence in Hong Kong, and more global capital to be managed in Hong Kong, as well as stimulating more local fund investment management and related activities.
One of the key measures in the Bill is to expand the scope of the preferential tax regime for carried interest. Apart from private equity investments which are already covered currently, other profits of eligible funds may also give rise to eligible carried interest which may enjoy a profits tax concession and a salaries tax concession. The preferential tax regime applies to eligible carried interest distributed by "funds" so defined in the Inland Revenue Ordinance (IRO). According to the relevant definition currently set out in the IRO, a "fund" should generally satisfy the requirement that "participating persons do not have day-to-day control over the management of the property", and a business undertaking for general commercial or industrial purposes does not fall within the definition of "fund". Accordingly, a business that trades or holds assets using proprietary capital with a view to generating profits on its own account (commonly referred to as a "proprietary trading business"), does not fall within the definition of "fund", and any remuneration distributed by such a business does not qualify for the tax concessions proposed in the Bill.
In addition, eligible carried interest refers to returns, that are linked to the investment performance of a fund, earned by fund management companies or their qualifying employees from the provision of investment management services in Hong Kong for the fund. Eligible carried interest must be determined in accordance with the agreement governing the operation of the fund or the provision of investment management services, such that the fund manager or their qualifying employees are entitled to receive returns that are based on the investment performance of the fund and are non-discretionary in nature. "Investment management services" provided to a fund include: (a) seeking funds for the fund; (b) researching and advising on potential investments to be made for the fund; (c) acquiring, managing or disposing of property or investments for the fund; and (d) acting for the fund with a view to assisting an entity in which the fund has invested to raise funds. Therefore, whether the remuneration of an employee of a fund management company qualifies as eligible carried interest depends on whether the employee's duties, in substance, constitute "investment management services", subject to other aforementioned conditions.
The Bill also proposes to refine the requirements with respect to the distribution of eligible carried interest under the preferential tax regime for carried interest (e.g. broadening the scope of "associate", allowing qualifying employees to receive carried interest through other entities) to accommodate different possible distribution arrangements of carried interest in practice.
The Bill is currently under scrutiny by the LegCo's Bills Committee, with the clause-by-clause examination completed. The Government targets to resume second reading debate on the Bill within the second half of this year. Subject to passage by the LegCo, the relevant measures will take effect from the year of assessment 2025/26. In implementing the enhancement measures, the Inland Revenue Department will issue administrative guidance where necessary to provide further clarifications on matters relating to the implementation details. The relevant administrative guidance will be in line with the above legal framework. The Government does not have plans to further expand the scope of the preferential measures.
The Government has been maintaining close liaison with the industry to explain the policy intent and the scope of the preferential tax regime, and has been in active dialogue with them on the implementation details of the new regime. In the process, a number of fund management companies, both local and overseas, have expressed interest in considering to establish a presence or expand their operations in Hong Kong having regard to the tax incentives proposed in the Bill. The Government expects that these enhancement measures will attract more global capital to be managed in Hong Kong and encourage more funds to be established and operated here, thereby stimulating business activities in related professional service sectors and strengthening Hong Kong's competitiveness as a leading international asset and wealth management centre.
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