Self Employment Affidavit for Hong Kong

Self Employment Affidavit Template for Hong Kong

A Self Employment Affidavit is a formal sworn document used in Hong Kong to officially declare and confirm an individual's status as self-employed. This legal document, governed by Hong Kong law, serves as official proof of self-employment status for various purposes including tax authorities, business registration, MPF arrangements, and other official bodies. The affidavit contains detailed declarations about the nature of business activities, independence in work arrangements, and compliance with Hong Kong regulations, accompanied by supporting documentation as required.

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What is a Self Employment Affidavit?

The Self Employment Affidavit is a crucial document in Hong Kong's business and legal landscape, designed to provide formal verification of an individual's self-employed status. It becomes necessary when individuals need to officially establish their self-employment status for various purposes, including tax filing, business registration, MPF arrangements, loan applications, or immigration matters. The document is structured to comply with Hong Kong legal requirements and typically includes detailed information about the declarant's business activities, income sources, and operational independence. This affidavit serves as a formal legal document that can be presented to government authorities, financial institutions, or other parties requiring proof of self-employment status. The content and format are aligned with Hong Kong's legal framework, particularly the Business Registration Ordinance and Inland Revenue Ordinance requirements.

What sections should be included in a Self Employment Affidavit?

1. Declaration Header: Formal opening stating this is an affidavit, including the declarant's full name and HKID/passport number

2. Personal Details: Declarant's full contact details, residential address, and business address if different

3. Business Information: Details of the business including trading name, nature of business, and business registration number if applicable

4. Self-Employment Statement: Clear declaration of self-employed status, including start date and nature of work

5. Income Declaration: Statement regarding the source and nature of income from self-employment

6. Independence Declaration: Statement confirming independence in work arrangements, control over work methods, and absence of employer-employee relationship

7. Compliance Statement: Declaration of compliance with relevant Hong Kong laws including tax and business registration requirements

8. Verification: Statement verifying all information provided is true and correct

9. Execution: Signature block, date, and witness details

What sections are optional to include in a Self Employment Affidavit?

1. Previous Employment: Details of previous employment if relevant to establishing the transition to self-employment

2. Client Relationships: Description of major client relationships, used when needing to demonstrate genuine business operations

3. MPF Arrangements: Details of Mandatory Provident Fund arrangements, included when the affidavit is used for MPF purposes

4. Business Assets: Declaration of business assets and equipment, useful when establishing genuine business operations

5. Insurance Coverage: Details of professional or business insurance coverage, included when relevant to specific purposes

6. Subcontractor Statement: Declaration regarding any use of subcontractors, included when relevant to business operations

What schedules should be included in a Self Employment Affidavit?

1. Schedule A - Business Documentation: Copies of business registration, licenses, or permits

2. Schedule B - Financial Records: Summary of relevant financial information or tax returns

3. Schedule C - Client Contracts: Sample client agreements or contract templates used

4. Schedule D - Professional Qualifications: Copies of relevant professional qualifications or certifications

5. Appendix 1 - Supporting Documents: List of all supporting documents attached to verify statements in the affidavit

6. Appendix 2 - Declaration of Truth: Standard form declaration of truth as required under Hong Kong law

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Cost

Free to use
Relevant Industries

Professional Services

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Relevant Teams

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Industries
Teams

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