Tag Archives: Income Tax

Income Tax – Three individuals to be charged for tax evasion of rental income


It was reported on IRAS’ website on 16 March 2018 that 3 individuals were charged in the court in 2 separate cases for tax evasion on their rental income.

  • 2 persons were charged on 16 March 2018, for the omission of rental income from their tax returns.  More specifically, one of them faced 4 charges involving omitted rental income amounting to $411,252 for Years of Assessment (YAs) 2010 to 2013 which resulted in a total of $69,065.20 in tax undercharged. The other faced 3 charges involving omitted rental income amounting to $299,769 for YAs 2012 to 2014 which resulted in a total of $52,854.75 in tax undercharged. In addition, this individual will face another charge for the non-filing of his income tax returns.
  • One would be charged on 13 April 2018  for submitting falsified invoices to IRAS to support claims made for rental expenses between YAs 2009 to 2013. The individual will face 5 charges involving the submission of falsified invoices that amounted to $284,308.52. This resulted in a total of $56,499.91 in taxes undercharged.

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Income Tax – Director of metal stamping company to be charged for tax evasion


It was reported in IRAS’ website on 22 March 2018 that a company director was charged in court for assisting his company to evade tax.  He faced 5 charges involving the making of false entries in his company’s income tax returns from Years of Assessment (YAs) 2009 to 2013, which resulted in $648,427.90 in tax undercharged.

In addition, he will face 17 charges for without reasonable excuse, making an incorrect return by understating output tax in his company’s GST returns amounting to $266,870.58 during the same period.

What does this mean to you?

Upon conviction, he may face a penalty of two times the amount of tax undercharged, and a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

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Income Tax – Revised Transfer Pricing Guidelines (5th Edition)


The Inland Revenue Authority of Singapore (“IRAS“)  has issued the fifth edition of the Transfer Pricing Guidelines on 23 February 2018 and we summarise below the major amendment to the e-Tax Guide as follows:

  1.  Additional guidance on related parties for the Singapore Permanent Establishment (“PE”)

The IRAS has clarified that for the purpose of attributing profits to the Singapore PE, the Singapore PE and other PEs outside Singapore of the non-resident person would be considered realted parties and therefore, the arm’s length principle applies to them when attributing profits to the SIngpaore PE.   The profits to be attributable to the Singapore PE will be based on the profits that PE would have derived if it were to be a separate and independent enterprise engaged in the same or similar activities under the same or similar conditions.

2.  Arm’s length adjustment by IRAS – Section 34D(1A) of the ITA

Paragraphs 5.117 to 5.124 have been inserted in which to explain how IRAS were to be effected the transfer pricing adjustment pursuant to Section 34D(1A) of the ITA.   Take note:

  • Once a TP adjustment is made, the amount of income increased is treated as accruing in or derived from Singapore or received in Singapore from outside Singapore.  If such an adjustment involves reducing a loss, the amount of loss reduced is treated as not having been incurred.
  • Where a taxpayer engages in a transaction with its related party that independent parties would not undertake, IRAS would not disregard the transaction merely because the transaction may not be seen between independent parties without considering if the transaction has characteristics of an arm’s length arrangement.
  • IRAS would disregard an actual related party transaction or replace it with an alternative transaction only in exceptional circumstances where: (a) the arrangements made in relation to the transaction lack the commercial rationality that would be agreed between independent parties under comparable circumstances; and (b) the arrangements prevent determination of a price that would be acceptable to both of the parties taking into account their respective perspectives and the options realistically available to them at the time of entering into the transaction.

3.  TP Documentation Requirement has been rewritten

Paragraph 6 of the Guidelines has been rewritten due to the insertion of the new provision under Section 34F of the ITA.

4.  Application of arm’s length principles for re-financing

For TP purposes, the IRAS considers a new loan from a related party will be obtained with the refinancing or extension of the tenture of the existing loan.  In such a case, the taxpayer is required to establish the arm’s length terms and interest rate for the new loan following the guidance nd prepare TP documentation accordingly.

5.   TP Surcharge and Penalty

The IRAS has provided explanations and examples of how the TP surcharge and penalty are imposed pursuant to Section 34E of the ITA.

 

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Income Tax – Changes Announced in Budget 2018


The  Finance Minister, Mr. Heng Swee Keat announced the following important changes to the Singapore income tax  on 19 February 2018

Enhancement and Extension of the Corporate Income Tax (“CIT”) Rebate for YA 2018 and 2019

To ease business costs and support restructuring by companies, the CIT  rebate will be enhanced and extended as follows:

YA 2018 – the CIT rebate will be enhanced to 40% of the corporate tax payable subject to an enhanced cap of $15,000.

YA 2019 – the CIT rebate will be extended to YA2019, at a rate of 20% of tax payable, capped at $10,000.

Adjustment to the Partial Tax Exemption (“PTE”) Scheme from YA 2020 onwards

The tax exemption under the PTE scheme will be adjusted with effect from YA 2020 as follows in order to strengthen support for firms to build capabilities:

  • 75% exemption on the first $10,000 of normal chargeable income; and
  • 50% exemption on the next $190,000 of normal chargeable income.

This means that for the maximum amount of PTE a corporate taxpayer can qualify will be reduced to $102,500.

Adjustment to the Start-up Tax Exemption  (“SUTE”) Scheme from YA 2020 onwards

Apart from the PTE scheme, the tax exemption under the SUTE scheme will also be adjusted as follows with effect from YA 2020:

  • 75% exemption on the first $100,000 of normal chargeable income; and
  • 50% exemption on the next $100,000 of normal chargeable income.

If a qualifying company;’s first YA is 2019, the existing SUTE parameters will continue to apply.  However, the revised parameters will be applied to YA 2020 and 2021.

Selected “PIC” Tax Measures to Support Businesses (YA 2019 to 2025)

Notwithstanding the expiry of the Productivity and Innovation Credit (“PIC”) Scheme effective from YA 2019, the Budget provides the businesses with the “extension” of three of the qualifying activities under the PIC scheme and this takes effect from YA 2019 to 2025

  • A 250% deduction for staff costs and consumable incurred on qualifying R&D projects performed in Singapore.
  • A 200% deduction for the first $100,000 of the qualifying IP registration costs incurred for each YAA 200% deduction for the first $100,000 of qualifying IP in-licensing costs incurred for each YA.  For this purpose, qualifying IP in-licensing costs include payments made by a qualifying person to publicly funded research performers or other businesses, but exclude related party licensing payments or payments for IP where any allowance was previously made to that person.

Enhanced Double Tax Deduction for Internationalisation Scheme from YA 2019 onwards

The $100,000 expenditure cap for claims without prior approval from iESingapore and STB will be raised to $150,000 per YA.  Businesses can continue to apply to IE Singapore or STB on qualifying expenses exceeding $150,000, or on expenses incurred on other qualifying activities.

IE and STB will release further details of the change by April 2018.

Extension of the Business and IPC Partnership Scheme (“BIPS”) until 31 December 2021

To continue supporting employee volunteerism through businesses, BIPS will be extended till 31 December 2021.  In addition, MOF and IRAS will review the administrative processes for BIPS based on feedback that has been received. Details of any change will be announced in the second half of 2018.

Extension of  the Investment Allowance (“IA”) scheme to include qualifying investment in submarine cable systems landing in Singapore

To strengthen Singapore’s position as a leading digital connectivity hub, the IA will be extended in respect of productive equipment to capital expenditure incurred between 20 February 2018 and 31 December 2023 on newly-constructed strategic submarine cable systems landing in Singapore, subject to qualifying conditions.

All other conditions of the IA scheme apply, except for the following which will be permitted:

  • The submarine cable systems can be used outside Singapore; an
  • The submarine cable systems, on which IA has been granted, can be leased out under the indefeasible rights of use arrangements.

MAS will announce further details at a later date.

Introduction of a review date for the Withholding Tax (“WHT”) exemption on container lease payments made to non-resident lessors

A review date of 31 December 2022 will be introduced to ensure that the relevance of the scheme is periodically reviewed. This means that unless the scheme is extended, such payments accruing to a non-resident lessor under any lease or agreement entered into on or after 1 January 2023 in respect of the use of a qualifying container for the carriage of goods by sea will be subject to WHT.

MAS will announce further details at a later date.

 

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Income Tax – Revised e-Tax Guide on Expenses Incurred on Renovation or Refurbishment Works


On 25 Jan 2018, IRAS reissued its e-Tax Guide on “Tax Deduction for Expenses Incurred on Renovation or Refurbishment Works Done to Business Premises” pursuant to Section 14Q of the Income Tax Act (“the ITA“)

Take note the following amendments to the e-Tax Guide previously issued on 6 June 2013 have been made:

  1.   It is clarified that expenditure incurred in respect of any work carried out to a place of residence provided to or to be provided to employees does not qualify for a tax deduction under Section 14Q of the ITA.
  2. Paragraph 8.4 has been amended to include additional qualifying items allowable as a deduction under Section 14Q.

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