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6. I am a member of a Mandatory Provident Fund Scheme (“MPFS”). What is the tax treatment of the accrued benefits that I would receive or be deemed to have received from the MPFS upon my termination of employment?

There are different scenarios. See below for the appropriate tax treatment:

 

Relevant portionReason for withdrawalWhether Taxable
Employee's mandatory contributionsEmployment terminated under any circumstancesAlways fully exempt
Employee's voluntary contributionsEmployment terminated under any circumstancesAlways fully exempt
Employer's mandatory contributionsEmployment terminated under any circumstancesAlways fully exempt
Employer's voluntary contributions(1)  Retirement, death or incapacity (lost of working ability due to injury/illness)

Exempt
 

 

 

 

 

(2)  Termination of service with 10 years of service or more

 

Exempt

 

(3)  Termination of service with less than 10 years of service

 

If the sum does not exceed the Proportionate Benefit, it is fully exempt.

 

If exceeded, the amount exceeding the Proportionate Benefit is taxable.

(4)  Other circumstancesTaxable

 

Proportionate Benefit = Accrued benefits# x No. of months of service* ÷ 120
                                                                                               

# The part relating to employer's voluntary contributions
* Only completed months of service will be counted

 

Example

 

If after serving 7 years 6 1/2 months, an employee left his employment, and from the MPFS he received accrued benefits representing his employer's contributions of $100,000, the amount that will be exempt from Salaries Tax should be:

 

PB = $100,000 x 90 complete months ÷ 120 = $75,000

 

For more details on the taxation matters relating to MPFS, please read the MPF Circular Letter No.1 issued by the Inland Revenue Department.