The Tax Advantages of ORSO Schemes in Hong Kong

Hong Kong’s Occupational Retirement Schemes Ordinance (ORSO) offers substantial tax benefits, making it a compelling option for both employers and employees seeking efficient retirement solutions. The ORSO framework, established under the Occupational Retirement Schemes Ordinance, provides a robust platform for retirement planning with attractive tax incentives that stand out compared to other international retirement schemes.

Key Tax Advantages of ORSO Schemes

1. Employer Contributions: Employers can contribute up to 15% of an employee’s total salary to an ORSO scheme, and these contributions are fully tax-deductible. This allows employers to reduce their taxable income while providing valuable retirement benefits to their employees.
2. Employee Contributions: Employees are also eligible to make contributions to their ORSO accounts. These contributions are tax-deductible up to HKD 18,000 per annum, offering a significant tax saving on personal income.
3. Tax-Exempt Distributions: One of the most appealing features of ORSO schemes is the tax-exempt nature of distributions under certain conditions. Specifically, distributions are not taxable in Hong Kong if they occur upon retirement, death, incapacity, or after 10 years of service termination. This offers a clear advantage over many other international retirement systems, where withdrawals are often subject to income tax.
4. Investment Income: The investment income generated within ORSO schemes is generally tax-exempt. This benefit extends to expatriate staff intending to return to countries within Hong Kong’s network of tax treaties, providing an opportunity for tax-efficient growth of retirement funds.

Comparative Analysis with International Pension Schemes

United States: 401(k) Plans

• Employer Contributions: Tax-deductible.
• Employee Contributions: Pre-tax contributions reduce taxable income.
• Tax-Deferred Growth: Investment earnings grow tax-deferred.
• Withdrawal Taxation: Withdrawals are taxed as ordinary income, which can be a significant burden depending on the retiree’s income level.

United Kingdom: Workplace Pensions

• Employer Contributions: Tax-deductible.
• Employee Contributions: Contributions come with tax relief, lowering taxable income.
• Tax-Free Growth: Investments grow tax-free.
• Tax-Free Lump Sum: Up to 25% of the pension pot can be withdrawn tax-free, but the remainder is subject to income tax.

Australia: Superannuation

• Employer Contributions: Mandatory 10.5% of an employee’s earnings, tax-deductible.
• Employee Contributions: Additional contributions receive tax concessions.
• Tax on Contributions: Concessional contributions taxed at 15%.
• Tax-Free Withdrawals: Withdrawals are tax-free after the age of 60, offering a clear advantage in post-retirement financial planning.

Investment Options in ORSO Schemes

Hong Kong’s Occupational Retirement Schemes Ordinance (ORSO) offers a variety of investment options designed to cater to different risk appetites and retirement goals. Here are the key features of ORSO schemes and a comparison with pension schemes in other countries:

ORSO Investment Options

1. Diverse Fund Choices:

• Schroders: Offers a comprehensive range of investment funds, including defined benefit and defined contribution schemes, member choice and non-member choice plans. They provide lifecycle funds and the Schroder Provident Plan, which includes various investment options such as stocks, bonds, and listed equities[6].
• Sun Life Rainbow ORSO Scheme: Provides 13 investment choices, including equity funds, bond funds, and guaranteed funds. The scheme is structured as a trust, offering professional pension trustee, administration, investment, and advisory services[3].
• Principal Trust Company: Offers 13 fund options, including guaranteed funds, accumulation funds, equity funds, and bond funds. The investment portfolio includes debt and equity securities, with a geographic allocation across the United States, Greater China, other parts of Asia, Europe, and other countries[7][8].

1. Flexibility and Customization:

• ORSO schemes allow employers to customize the investment options according to the needs of their employees. The schemes can be either defined benefit or defined contribution, and they offer flexible benefit withdrawal options[3].

1. Professional Management:

• Investment funds within ORSO schemes are managed by professional fund managers, ensuring that the funds are invested prudently and in line with the scheme’s objectives. This includes a mix of conservative and aggressive investment strategies to cater to different risk profiles[6][7].

Comparison with Other Countries

1. United States (401(k) Plans):

• Investment Options: Typically include a range of mutual funds, target-date funds, and company stock options. The choices are often limited to the funds selected by the employer’s plan administrator.
• Customization: Employees have the flexibility to choose their investment mix, but the range of options is generally narrower compared to ORSO schemes.

1. United Kingdom (Workplace Pensions):

• Investment Options: Include a variety of funds such as equity funds, bond funds, and mixed-asset funds. Many schemes offer default investment options like target-date funds.
• Customization: Similar to ORSO, UK schemes offer a degree of customization, but the investment choices are often guided by the employer’s selected pension provider.

1. Australia (Superannuation):

• Investment Options: Superannuation funds offer a wide range of investment options, including conservative, balanced, and growth funds. Some funds also offer ethical or socially responsible investment options.
• Customization: Employees can choose their investment strategy, but the range of options can vary significantly between different superannuation funds.

Summary

Hong Kong’s ORSO schemes provide a broad and flexible range of investment options, managed by professional fund managers, which can be tailored to meet the diverse needs of employees. Compared to pension schemes in the United States, United Kingdom, and Australia, ORSO schemes offer a high degree of customization and a wide variety of investment choices, making them a competitive option for retirement planning.

Conclusion

Hong Kong’s ORSO schemes present a highly attractive retirement savings vehicle, particularly due to the tax advantages they offer. The ability for both employer and employee contributions to be tax-deductible, coupled with tax-exempt investment income and distributions under specific conditions, positions ORSO schemes favorably compared to other international retirement systems. These benefits make ORSO an ideal choice for employers looking to offer competitive retirement benefits and for employees planning a tax-efficient retirement.

For further information and personalized advice on how ORSO schemes can benefit you or your business, contact your financial advisor or visit Invest Offshore.

References:

[1] MPFA: Features of ORSO
[2] MPFA: FAQ for ORSO Employees
[3] Sovereign Group: The Jewel in the Hong Kong Pensions Crown
[4] Trident Trust: ORSO Key Facts
[5] GFM Asset Management: ORSO Overview
[6] https://www.schroders.com/en-hk/hk/individual/retirement-services/orso-services/
[7] https://www.sunlife.com.hk/en/investments/mpf-and-orso-scheme/sun-life-rainbow-orso-scheme/
[8] https://www.principal.com.hk/products/orso-schemes
[9] https://www.principal.com.hk/products/orso-schemes/fund-options