Overview of the 2026 AEOI Amendments
Passed by Hong Kong’s Legislative Council on 17 June 2026, the Inland Revenue (Amendment) (Automatic Exchange of Information) Ordinance 2026 is set to take effect on 1 January 2027. It strengthens the Common Reporting Standard (CRS) framework. (ird.gov.hk)
Main changes include:
- Mandatory registration requirement for all RFIs in the AEOI Portal, whether or not they have information to report. Hong Kong RFIs must register by 31 March 2027; new RFIs must register by 31 January of the following calendar year after becoming RFIs. (ird.gov.hk)
- Enhanced record-keeping obligation: RFIs must retain full due diligence records for six years even after ceasing operations or dissolution. (ird.gov.hk)
- Increased sanctions for non-compliance: penalties adjusted based on number of financial accounts involved, new administrative penalty options complementing existing criminal liabilities. (ird.gov.hk)
Who this affects and key compliance steps
This impacts:
- All banks, asset managers, trustees, broker-dealers and similar institutions labelled RFIs under the CRS framework operating in Hong Kong.
- Entities currently operating somewhat informally and not yet registered under CRS should take action now.
Recommended compliance roadmap:
| Timeframe | Action Item |
|---|---|
| by end-2026 | Internal review to assess whether your entity qualifies as an RFI; assign owner in your organization to lead CRS-/AEOI-compliance functions |
| Q1 2027 | For existing RFIs, ensure registration by 31 March 2027; new RFIs register by 31 January after acquiring RFI status |
| Before dissolution or restructuring | Ensure that your record-keeping policies survive any corporate changes; individuals who were directors or responsible persons must ensure records persist per the six-year rule |
| On or after implementation | Review contracts and systems to capture required data points, including account info, controlling persons, jurisdictional data, etc. Ensure staff training on due diligence, reporting obligations, FAQs provided by IRD |
Risk mitigation & practical consequences
- Failure to register or retain correct records could lead to penalties, either administrative or criminal, depending on the case. For serious offences, penalties will now scale with the number of affected financial accounts. (ird.gov.hk)
- If the information you fail to report is material, it could lead to treaty breaches or reputational risk.
- Systems and processes not upd ated can cause downstream errors when returning BIR80 or other returns tied to AEOI.
Example scenario
A private trust company in Hong Kong acting as trustee for multiple discretionary trusts: each trust is separate under the trustee but previously not registered individually. Under the new law, if each trust reports via a trustee, trusts may avoid separate registrations in some cases. But you must ensure that “umbrella fund and sub-fund” or trustee-sub-trust relationships are clearly documented. If you are an RFI and not yet registered, missing the deadline triggers risk for existing and potentially dissolved entities. Record retention through dissolution matters—for any sub-trusts the director was responsible immediately before dissolution, they have obligations too. (ird.gov.hk)
Actionable checklist
- Confirm whether your institution qualifies as an RFI; classify your subsidiaries, funds, trusts accordingly.
- Assess onboarding systems and due diligence processes for collecting information sufficient under CRS rules.
- Update corporate policy and internal control documentation on record retention, account data tracking, and procedures around nil reporting.
- Communicate the change to senior management, risk/compliance teams, and legal advisors.
- Update service provider contracts (custodians, fund administrators) to ensure upstream data sharing in compliance with your obligations.
- Monitor IRD’s guidance documents, FAQs, as the law becomes active in 2027.
Category: Compliance
TaxHome: HKTaiwan
Author: NomadicTax Research Team
ReadTime: 5-8 min
Published: true