✔ 最佳答案
I assume the company is only borrowing money from another private person and not in the form of bank loan or debenture being issued. If this is a bank loan, then there must be some assets either in name of the company or directors or shareholders being held by the bank for security purposes.
If the company is only making finance to a shareholder, a private dealing, and not open to the general public, then it is not trading as a moneylender, which is governed by an Ordinance.
Now, the main issue if how big is the interest paid and received and the nature of the financing obtained by the company. IRD will consider the substance of it and the principal activities of the company. Normally, provided the income / profits are being taxed as a simple private financing business; it is not required to give any reason for such a source of income earned by the company. However, if the interest paid is not to a financial institution, then its deductibility for profits tax purpose will be raised and hence the interest paid by the major shareholder to the company may have to be traced. Or, the interest received will be fully taxed.
2008-11-22 23:45:04 補充：
The issue now comes to whether the lending company is a related company or its directors and shareholders have some relationship with your company. If so, the audited financial statements of your company will has this disclosure.
2008-11-22 23:45:57 補充：
As I have mentioned, in principle, the interest income earned by the company, without the deduction of the interest paid, will be taxable. By the same token, the tax earned by the lender have to be disclosed to IRD
2008-11-22 23:46:11 補充：
why this amount reflected as income in the accounts of the lender is not taxable as the amount is quite material, talking about $3 m.In fact, this arrangement is quite unusual and the amount is quite substantial.
2008-11-22 23:46:19 補充：
IRD may demand you to give explanation and maybe for the details of your shareholder who paid interest to the company. Individual personal tax file, if any, may be checked.
