Taxation of Resident Individual Relief – capped at 80k per YA Earned income relief (handicapped) Below 55 55 to 59 60 and above Qualifying Child Relief (handicapped) Legal child + > 16 y/o OR studying FT, annual income ≤ 4k Working Mother Child Relief (F only) Child satisfies QCR/HCR conditions CAP: QCR/HCR + WMCR ≤ 50k Spouse Relief (handicapped) Living/supported + annual income ≤ 4k Parent Relief (handicapped) Living in same household Not living in same household (incurred ≥ 2k to support) Living in SG + ≥ 55 y/o + ann. income ≤ 4k Grandparent caregiver relief (F only) Living in SG + children ≤ 12 y/o + no work Handicapped sibling relief Same household + incurred ≥ 2k NS Relief (KAH) No NS activities NS activities Wife/Parent Life Insurance Relief Total yearly CPF contribution < 5k, paid for OWN life insurance premiums, insurer has office/branch in SG Quantum 1,000 (4,000) 6,000 (10,000) 8,000 (12,000 4,000 (7,500) 1st – 15%, 2nd – 20%, 3rd and abv. – 25%of mother’s earned income 2,000 (5,500) 9,000 (14,000) 5,500 (10,000) 3,000 5,500 1,500 (3,500) 3,000 (5,000) 750 Lower of: 1. diff between 5k and CPF contribution 2. up to 7% of sum assured or premium paid Course Fee Relief 5,500 max Related to current or new job (on self paid amt) For. Maid Levy Relief (concessionary) (F only) 2 x $265 x 12 (relief is twice of levy paid for every mth) (2 x $60 x 12) CPF Relief – OW Ceiling = $6k x 12mths = $72k, AW Ceiling = $102k less total OW subject to CPF Employee CPF Rate: ≤ 55y/o – 20%, 56 – 60 y/o – 13% 61 to 65 y/o – 7.5%, ≥ 66 y/o – 5% SRS Relief -- Capped at: SC/SPR: $15,300 Foreigners: $35,700 Annual income = ALL forms of income – trade, employment, rental, interest, dividends, pensions (and even FSI) Earned Income = refers to employment, pension, TBPV [i.e. not passive] Accoms Taxability on Perquisites Generally: rent/AV less employee’s payment, F&F considered part of rent. If otherwise, tax @ 40%/50% of AV for partially/fully furnished Air passages Awards/ Gifts Loans Childcare Per diem allowance Car Benefits PM = Private Mileage $0.45 – employer pay petrol $0.55 – employee pay petrol Stock Options Home leave passage or cash payment in lieu of home leave passage – ALL TAXED IN FULL Value ≥ $200 on EACH award or gift – not taxable, otherwise in full Direct from employer – not taxable From bank & employer pay interest – taxable Childcare – not taxable, student care – taxable Amt in excess of IRAS acceptable rates - taxable New car: 3/7 x [(car cost - residual value)/10] + ($0.45 per km x PM) 2nd hand car: less than 10 yrs à 3/7 x [(car cost residue value)/remaining period of car at date of purchase] + ($0.45 per km x PM) More than 10 yrs à 3/7 x (car cost/remaining period of renewed COE) + ($0.45 per km x PM) Renewed COE car: 3/7 x (residual value + COE renewal cost)/renewed COE period + ($0.45 per km x private mileage) Leased car: (3/7 x rental cost incurred by the employer) + ($0.10 km x private mileage) à if ER pay for petrol, take away the $0.10km x PM portion if EE pay for petrol No vesting à taxable in year of grant w/o selling restriction à taxable upon exercise/ vesting | with moratorium à taxable in year which moratorium is lifted Calculation: generally market price – price paid (exercise price). For market price à ESOP take exercise date, ESOW with vesting take vesting date, no vesting take grant date, with moratorium take date of moratorium lifting Taxation of Foreign Source Income If all else fails (i.e. if no tax exemption available) à consider credit relief under s. 50 Credit Code S.50: how much credit is available? à lower of: (1) Singapore tax payable on FSI (net of allowable expenses) (2) actual foreign tax suffered SG tax payable on FSI = (Gross FSI – allowable expenses) x SETR SETR = Tax payable on all income taxable in SG (before FTC) / AI FTC cannot be carried forward/back à complete forfeiture if not in tax payable position for that Y/A à hence tax payer should plan timing of remittance Income Badges of trade concept: (1) Subject matter of realization (2) Length of period of ownership (3) Frequency or number of similar transactions (4) Supplementary work [to increase saleability] (5) Circumstances responsible for realisation (6) Motive Deductions s.14 (1): Expenses wholly and exclusively incurred during that period in the production of income à allowed for deduction s. 15 prohibited deductions: capex, depreciation, private/domestic exp, not wholly & exclusively incurred for income production, withdrawal of capital, asset improvements, SG/foreign tax paid Interest: need to apportion if there’s both income + non-income generating assets à (non-income producing assets / total assets – cash) x total interest expense Medical expenses: higher of 1%/2% of total employee remuneration or actual medical expenses incurred FRS109 Tax Treatment 1. All gains and losses (incl. forex differences) in respect of financial assets on revenue account recognised in P&L will be taxable/ deductible. 2. Impairment losses – only credit-impaired (FRS39: specific debts) are deductible. Subsequent reversals are taxable. Expected credit losses NOT deductible. Capital Allowances S.19: “long form” à IA = 20% (non-deferrable), AA = (80% x cost) / tax working life S.19A(1): “3-yr w/o” à AA = 1/3 of cost S.19A(2): “1-yr w/o” à AA = 100% (computers & automation equipment only) S.19A(10A): “1-yr w/o for low value assets” à AA = 100%, cost per asset ≥ $5k, total low value asset claim capped @ 30k per YA Tax Assets Order of setoff: CA, Trade losses, approved donations (FIFO basis within each category Unabsorbed CA à c/f indefinitely subject to business continuity test + shareholding test Unabsorbed trade loss à c/f indefinitely subject to shareholding test ONLY Unabsorbed donations à c/f up to 5 YAs, subject to shareholding test ONLY Carryback à up to 1 YA on current year unabsorbed CA and trade losses (donations CANNOT c/b) Quantum: lower of actual amt OR amt of AI in preceding year (capped @ 100k in total c/b relief) Biz Continuity Test: carrying on SAME trade in which CA arose in the basis period relating to the current YA Shareholdings Test: no substantial change in shareholders & their shareholdings at relevant dates Relevant Dates for carry forward relief CA 31 Dec of YA which CA 1 Jan of YA which arose allowances to be setoff TL/ 31 Dec of calendar year 1 Jan of YA which loss/ Donations which loss was incurred/ donation is to be donation was made setoff Relevant Dates for carry back CA 1 Jan of YA which CA 31 Dec of YA which arose allowances to be setoff TL/ 1 Jan of calendar year 31 Dec of YA which Donations which loss was incurred loss is to be setoff Group Relief Conditions: (1) Both claimant & transferor SG incorporated co.s (2) Both C&T same accounting yr end (3) both C&T make an election for group relief (4) ‘members of the same group’ à both C&T maintain a shareholding level of ≥ 75% (either directly or indirectly held) on the last day of the basis period for the Y/A of the claim. SG incorporated co.s implications: (1) if there’s foreignincorporated entities in the ownership chain à shareholdings by foreign co is not considered for shareholdings assessment (2) any direct/indirect shareholdings by a non-company (even if in SG, eg individual/trade association) à disregarded 2nd level test: holders of ordinary shares must demonstrate that they are beneficially entitled, directly or indirectly, to ≥ 75% of residual profits AND residual assets upon winding up C&T same accounting y/e: other cos in the group chain can have diff y/e, only C&T MUST have same y/e Items eligible for group relief transfer: CURRENT YEAR unutilised CA/ trade losses/ unutilised donations Special Deductions (given in absence) 14A IP registration – 200% for 1st 100k per YA, 100% for amts in excess – for official & professional fees (NOT for renewal à renewal of IP is deductible expense, not special deduction) 14D R&D – in house: 100% base + 150% only on staff cost (excl. director fees) and consumables Outsourced: 100% base + 150% only on 60% of fee paid OR actual staff cost (excl. dir. fees) and consumables if amt is more than 60% of fee paid Conducted wholly overseas: 100% for trade related R&D, otherwise no deduction for non-trade R&D 14DA 14H Building mod. for disabled employees – cap @ 100k across ALL years of operations 14Q Reno & refurbishment – qualifying exp. capped @ 300k for relevant 3-yr period, claim 1/3 per yr à designer/architect/professional fees + antique/ fine art ALL not claimable 14U Expenses before first dollar of income – first dollar of income from TBPV per basis period in review, revenue expenses incurred in the accounting year immediately preceding the deemed date of commencement is allowed a deduction or further deductions. 14W Licensing IP rights Further Deductions (given in addition) 14B Approved trade fair, exhibition, mission or maintain overseas trade office – 100% deduction, for airfare/accomodations cap @ 2 employees 14L Relocation/ recruitment of overseas talent 14K Overseas investment – 100% capped @ 100k per YA, traveling expenses capped @ max 2 employees 14KA Salary for employees posted overseas 14R Training expenditure Taxation of Non-Residents (Withholding Tax) Tax Computation for Companies Net profit per accounts Adjusted Profits Add back: Add: Balancing Charge Non-allowable expenses Less: CA (FIFO basis) Unabsorbed, current yr, balancing allowances Expenses of a capital nature Add: Non s10(1)(a) income less allowable expenses Depreciation = Statutory Income Less: Less: Trade losses (FIFO) Unabsorbed, current yr Non-business source income Less: Donations Receipts of a capital nature = Assessable Income Exempt income Less: Group Relief / Carry back relief FSI not remitted/exempted Less: SUTE / PTE SUTE: 75% on 1st 100k, 50% on next 100k (max: $125k) PTE: 75% on 1st 10k, 50% on next 190k (max: $102,500) Special/further deductions = Chargeable Income = Adjusted Profit (s.10(1)(a)) Tax @ 17% Less: Foreign Tax Credit/ CIT Tax Rebate = Final Tax Payable Tax Computation for Resident Individuals Income from various sources Trade Less: CA / trade losses Employment Income Other sources of passive income = Statutory Income Less: Approved Donations = Assessable Income Less: Personal reliefs (capped @ 80k per YA) = Chargeable Income Tax on 1st $XXX,XXX Tax on next $XXX,XXX Gross tax payable Less: Rebates Personal Tax Rebate (none announced for YA 2020) Parenthood Tax Rebate (5k, 10k for 1st and 2nd child respectively, 20k per child for 3rd and subsequent child) Net tax payable