繁體中文摘要 政府於 2026 年 10 月 16 日刊憲《2026 年稅務(修訂)(知識產權開支的稅務扣減)條例草案》,落實 2025-26 及 2026-27 年財政預算案措施,擬放寬企業購入合資格知識產權或取得使用許可所涉資本開支的稅務扣減安排。草案提出三項主要放寬:(一)向相聯者(如集團聯屬公司)購入合資格知識產權;(二)購入由香港以外特許使用人使用、而特許收入在外地來源收入豁免(FSIE)制度下被視為源自香港並須繳利得稅的合資格知識產權(可按比例扣減);(三)特許安排下使用合資格知識產權的預付特許費亦可獲扣減。修訂擬適用於 2026 年 4 月 1 日或之後訂立的購入/特許合約。草案亦設有主要目的測試、向香港相聯者購入時的扣減計算規則,以及超逾指定門檻時須提交第三方獨立估值報告等防範措施。按官方公布,草案於 2026 年 10 月 28 日提交立法會進行一讀及二讀;截至本文發布時,讀者應查閱立法會/稅務局最新資料以確認是否已成為法例。本文僅作高階摘要,不構成稅務或法律意見。

On 16 October 2026, the Government gazetted the Inland Revenue (Amendment) (Tax Deductions for Intellectual Property Expenditure) Bill 2026. For overseas directors and multinational groups that hold (or are considering holding) intellectual property through a Hong Kong company, the Bill is worth tracking — it proposes wider profits-tax deductions for certain capital spend on purchasing eligible IP rights or acquiring a licence to use them.

This page summarises the IRD / ISD press materials only. The Bill was introduced into the Legislative Council for First Reading and Second Reading on 28 October 2026. As of this post, treat it as a proposed / gazetted Bill progressing in LegCo — not as enacted law. Check LegCo and IRD for current enactment status before relying on any deduction.

What the Bill aims to do

Per the 16 October press release, the Bill implements Budget measures (2025-26 and 2026-27) to enhance tax deductions for capital expenditure on purchasing eligible IP rights or a licence to use IP rights — lowering transaction costs for IP trading and supporting knowledge-intensive activity in Hong Kong. It sits alongside the existing patent box concessionary tax rate as a further step in Hong Kong’s IP tax ecosystem.

Three proposed relaxations

The Bill proposes to allow tax deductions for relevant capital expenditure in these situations:

  1. Purchase of eligible IP rights from associates (for example group affiliates) — intended to encourage MNEs to centralise IP management in Hong Kong and to facilitate domestic intra-group transfers.
  2. Purchase of eligible IP rights used by a licensee outside Hong Kong — where the licensing income is regarded as arising in or derived from Hong Kong under the foreign-sourced income exemption (FSIE) regime and is chargeable to profits tax in Hong Kong, the capital expenditure may be deductible on a proportionate basis.
  3. Upfront licence fee for the use of eligible IP rights in a licensing arrangement — may also be deductible, to encourage IP development and commercialisation.

Proposed commencement for contracts

According to the press release, the amendments would apply to contracts entered into on or after 1 April 2026 for the purchase of eligible IP rights or for the licence to use eligible IP rights. Timing of actual enactment and any transitional detail remains subject to the legislative process — confirm against the final Ordinance and IRD guidance when available.

Safeguards highlighted by Government

To protect the tax base, the Bill provides for safeguard measures, including:

  • A main purpose test for purchases of IP rights from associates.
  • Rules for calculating the deduction amount where IP is purchased from Hong Kong associates.
  • Where capital expenditure on purchasing eligible IP from non-Hong Kong business associates, or on acquiring a licence from associates, exceeds a specified threshold, a third-party independent valuation report is required to substantiate the claim.

Exact thresholds, valuation standards, and how the main purpose test will be applied are not spelled out in the high-level press release — wait for the Bill text, LegCo materials, and IRD guidance.

Why this matters for overseas Harbor clients

Overseas owners and finance teams often ask whether Hong Kong is a practical base for IP holding, intra-group licensing, and related profits-tax planning. At a high level, this Bill (if enacted as proposed) would interact with:

  • IP holding and centralisation in Hong Kong — including transfers from group affiliates.
  • Cross-border licensing — especially where FSIE treats licensing income as Hong Kong–sourced and chargeable to profits tax.
  • Upfront licence payments — potentially deductible capital spend in licensing arrangements.
  • Compliance burden — purpose tests, associate rules, and independent valuations where spend exceeds thresholds.

None of this replaces structuring advice. Deductibility, FSIE outcomes, and transfer-pricing / valuation evidence depend on facts, contract wording, and the final law. For company setup context, see our Hong Kong company incorporation guide for overseas clients. For ongoing accounts and audit calendars that often sit next to tax planning, see Hong Kong audit requirements and Hong Kong accounting & audit services. Groups also tracking Pillar Two filings may find our note on the Pillar Two Portal top-up tax return useful as a separate compliance track.

Practical takeaways (for now)

  • Watch LegCo / IRD for enactment — gazetted and introduced for First & Second Reading on 28 Oct 2026; do not assume the Bill is law until confirmed.
  • Map contracts dated on or after 1 April 2026 — that is the proposed application date for purchase / licence contracts under the press release.
  • Flag associate and cross-border licence deals early — purpose tests, proportionate deductions under FSIE, and possible independent valuations may affect timeline and documentation.
  • Keep patent box and this Bill as separate workstreams — the press materials describe them as complementary parts of the IP tax ecosystem.
  • Read the primary sources before instructing agents; secondary summaries can lag behind LegCo amendments.

Sources

Primary sources (please read the originals; this page only summarises):

Considering a Hong Kong company for IP holding, licensing, or related accounting and audit calendars? Send an enquiry with your structure outline and year end — we can help you prepare clearer next steps with your tax advisors.

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Disclaimer: This article is general information for overseas clients considering Hong Kong or BVI corporate services. It is not legal, tax, accounting, or financial advice. The Bill described here was progressing through LegCo at the time of writing; requirements change and outcomes are not guaranteed. Confirm details for your circumstances via an enquiry, and consult advisors in your home jurisdiction where appropriate. 免責聲明:本文僅供一般參考,不構成法律、稅務、會計或財務意見。所述條例草案於撰寫時仍在立法程序中;規定會變更,亦不保證任何結果。請透過查詢確認你的情況,並在適當時諮詢你所在地的顧問。

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