Hong Kong is more than a global financial hub—it’s also a prime jurisdiction for establishing a tax-exempt charity. Its transparent regulatory regime, low-tax environment, and proximity to Mainland China and Southeast Asia make it uniquely suited for regional philanthropic initiatives.

For founders, family offices, and multinational corporations, launching a tax-exempt charity in Hong Kong offers more than tax efficiency. It supports long-term impact strategies—from legacy planning and intergenerational giving, to ESG initiatives and cross-border donation structures.

When appropriately structured, a Hong Kong-based charity is not only IRD-recognised under Section 88 but also enhances donor trust, banking access, and brand reputation across Asia.

In this article, we explain how to set up a tax-exempt charity in Hong Kong under Section 88, including structure options, application steps, compliance requirements, and strategic use cases for founders, family offices, and corporate.

Understanding Section 88: What It Means and Why It Matters

Section 88 of the Inland Revenue Ordinance provides the legal framework for charitable tax exemption in Hong Kong. Qualifying organisations are exempt from profits tax and can receive tax-deductible donations.

To be eligible, a charity must be established exclusively for one or more of the following purposes:

• Relief of poverty
• Advancement of education
• Advancement of religion
• Other purposes beneficial to the community of Hong Kong

Key benefits of Section 88 Hong Kong recognition include:

• Full exemption from profits tax
• Donors (individuals or businesses) can claim tax deductions of up to 35% of assessable income
• Enhanced credibility with funders, banks, and government authorities
• Easier access to grants and cross-border contributions

Charities must operate on a non-profit basis and ensure that all income is used solely for charitable purposes.

Choosing the Right Legal Structure: Trust vs. CLG vs. Society

Before applying for tax exemption, founders must select a legal vehicle that aligns with their philanthropic goals. The three most common forms are:

Your structure choice affects everything from tax filings to banking relationships and operational control.

📌 Tip: For founders prioritising intergenerational influence, a charitable trust may be ideal for long-term legacy planning in Hong Kong. For corporates, a CLG often provides the structure and transparency investors expect.

Also Read: Guide To Starting A Family Office in Hong Kong

Step-by-Step Guide: How to Apply for Tax-Exempt Status in Hong Kong

Establishing a tax-exempt charity in Hong Kong involves both company/society registration and application to the Inland Revenue Department (IRD) for Section 88 recognition.

1. Define Your Charitable Purpose

Clearly articulate your mission and confirm alignment with one of the four qualifying categories.

2. Choose a Legal Structure

Select a CLG, trust, or society and register with the appropriate authority (e.g., Companies Registry for CLG).

3. Draft a Governing Document

Your constitution or trust deed should include:

• Specific charitable objects
• Restriction on profit distribution
• Proper dissolution clause
• Governing body composition and duties

4. Prepare Your Application

Submit to the IRD:

• Completed IRD forms (C.D.22 or C.D.22A)
• Copy of the constitution or trust deed
• Proposed budget and business plan
• Information on trustees/directors and donors
• Details of fundraising activities

5. Await Review

The IRD typically takes 6 to 12 months to assess the application. Additional clarifications may be requested.

Governance and Ongoing Compliance: What Happens After Approval

Gaining Section 88 Hong Kong status is only the beginning. To maintain it, your charity must:

• Submit annual financial statements and audit reports
• Operate transparently and in accordance with its stated objectives
• Avoid non-charitable trading or profit-seeking activities
• Keep donor and public communications accurate and updated
• Avoid conflicts of interest, particularly in board or trustee decisions

Violations can result in the revocation of tax-exempt status, reputational damage, or legal scrutiny. Proper governance structures are critical, especially for charitable organisations involving family stakeholders.

Strategic Use Cases: How Founders and Family Offices Use Charities

Charitable vehicles in Hong Kong aren’t just about giving—they’re about strategic impact. Here are some real-world applications:

1. Family Legacy and Education

A family office creates a charitable trust to fund scholarships across Asia, managed by the next generation of family members.

2. ESG Commitment

A regional corporation sets up a CLG to consolidate its community programs under a single, accountable entity that qualifies for Section 88.

3. Cross-Border Philanthropy

An entrepreneur uses a Hong Kong charity as a giving hub to support disaster relief and education programs across Southeast Asia and Mainland China.

In each case, tax-exempt status under Section 88 ensures transparency, fiscal efficiency, and long-term viability.

Common Pitfalls to Avoid When Setting Up a Tax Exempt Charity in Hong Kong

Avoid these common missteps when launching a tax-exempt charity:

• Vague or non-qualifying charitable objects
• Using a for-profit company for charitable activities
• Inadequate board governance or overlap with founders’ private interests
• Failure to comply with post-approval reporting and audits
• Engaging in commercial activities without proper controls

Many of these issues stem from poorly drafted constitutions or a lack of professional guidance during setup.

Where To Next?

Setting up a tax-exempt charity in Hong Kong isn’t just a legal process—it’s a strategic one. At InCorp, we support clients through every stage of the journey:

• Structure advisory: Trust vs. CLG vs. Society
• Section 88 application and liaison with IRD
• Drafting of constitution, governance, and compliance frameworks
• Ongoing support: Annual filings, audits, and risk mitigation

Whether you’re building a family foundation or aligning your business with ESG priorities, our team ensures your charity is structured for lasting impact.