Manager faced hefty penalty for unlawful collection of GST


It was reported in IRAS website on 25 October 2013 that Mr. Soh Kay Hee, a manager had unlawfully charged GST on approximately 1,100 sales invoices issued to the customers amounting to almost S$20,000.  He is convicted and is liable to pay S$136,000 in penalties and fines (which is more than 6 times of the GST unlawfully collected).  He defaulted the payment of the fines and penalties, and is now serving a total of 320 days of imprisonment.

Furthermore, IRAS compounded some of his offences for $81,000.  This was twice the amount of GST unlawfully charged to his customers.

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Company Director Jailed for Claiming PIC Fradulently


It was reported in IRAS’ website on 19 September 2013 that a company director was sentenced to jail for 8 weeks for claiming the Productivity and Innovation Credit (“PIC“) cash payout of approximately S$58,000 fraudulently for his company.  This is the first prosecution case since the PIC scheme was introduced in Singapore in 2010.
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Property agent jailed for 6 weeks for forging stamp cerifitcate


It was reported in IRAS’ website today that a property agent, Tang Yong Yeow Daniar, 29, was sentenced to a six-week jail for using a counterfeit stamp certificate.  Tang was formerly a property agent with Dennis Wee Group and Prestige Realty Global Pte Ltd.
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BFH v Comptroller of Income Tax [2013] SGHC 161


In this case, the taxpayer made a lump-sum payment of S$100M to the Info-Comm Development Authority for the grant of a 3G Facilities Based Operator (“FBO“) Licence and certain radio frequency spectrum for 3G mobile telecommunication services (“3G Spectrum Rights“) for a period of 20 years.

The issue at the Income Tax Board of Review (“ITBR“) was whether the payment in question was a revenue expense deductible under Section 14(1) of the Income Tax Act (“the Act“) or a capital expenditure that is not deductible under Section 15(1)(c).

The ITBR held that the payment was capital in nature and hence not deductible.  BFH appealed to the High Court and Andrew Ang J delivered the judgement.
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Goods & Services Tax – Company manager jailed for GST fraud


Dear Clients and Business Associates

It was reported on the IRAS’ website today that a manager of a Singapore company was sentenced to one week’s jail and was fined a penalty of approximately S$78,000 for assisting his company to make fictitious entries in the GST returns that allowed the company to claim a GST refund of approximately S$26,000.

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