外国来源收入:在新加坡免税吗?

6 min read|Last Updated: 9 月 17, 2024|

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Foreign-sourced income refers to earnings derived from sources outside of Singapore. Typically, Singapore taxes such income upon its entry or receipt within its borders, resulting in double taxation as the income has already been taxed in the foreign country.

  • Even if the income is not remitted back to Singapore but the income is used to pay one or more debts incurred or purchase moveable property brought into Singapore is also consider taxable.
  • However, there are certain cases in which income derived from outside and remitted into Singapore but is exempted from tax.

  • To determine if it is foreign source or not, the location of the operations that generated the income is the deciding factor.

  • Foreign-sourced income is only taxable if it originates from a company based in Singapore, this means that foreign-based companies which do not have a Singapore office may use banks and fund management institutions based in Singapore without being taxed.

Foreign sourced may be used to invest in assets from other countries but the company is not permitted to use such foreign expenses or investments to claim tax deductions in Singapore local sourced income.

Tax Breaks on Foreign-Sourced Income in Singapore

3 methods that company can enjoy tax breaks on foreign income as follows:

  • Full Tax exemption of specified foreign income such as foreign-sourced dividends, branch profits and service income

  • Foreign income is derived in a jurisdiction that has an Avoidance of Double Tax Agreement (DTA) with Singapore, company can claim tax break

  • Foreign tax credit for the taxes paid in the foreign jurisdiction against the Singapore tax payable on the same income.

Eric

Tax Exempted Foreign Sourced Income in Singapore

Certain forms of foreign-sourced income are exempt from Singapore taxation.

The three categories of specified foreign income that exempted if they meet the criteria are:

  • Foreign-sourced dividends

  • Foreign branch profits

  • Foreign-sourced service income

These exemptions have been in place since June 1, 2003. The scope of tax exemptions related to foreign-sourced income in Singapore has been increasing over recent years. This is because the government has been trying to make it easier for companies to use money earned from investments and operations in other countries so that the companies can better fund their corporate financial needs in Singapore.

Tax Exemption Conditions in Singapore For Foreign-Sourced Income

According to Section 13(9) of the Income Tax Act, tax exemptions are only to be granted for foreign-sourced income if all of three conditions are fulfilled. The 3 conditions are:

  • The foreign income must already have been taxed in the foreign tax jurisdiction in which it was received. This is also known as the “subject to tax” condition. The rate at which the foreign income was taxed does not matter. The Comptroller of Income Tax regards this condition as having been fulfilled if the income is tax-exempt in the foreign tax jurisdiction due to tax incentives granted for carrying out substantive business activities there.

  • The highest corporate tax rate of the foreign tax jurisdiction from where the income originates must be at least 15% when the foreign income is received in Singapore. Additionally, this condition is known as the “foreign headline tax rate” condition.

  • Requirement for the Comptroller to believe that the granting of the tax exemption would benefit the relevant resident individual or company.

Furthermore, once all three conditions are satisfied, the individual or company may begin enjoying tax exemptions granted.

Receiving a Tax Exemption on Foreign-Sourced Income in Singapore

To receive a tax exemption for foreign-sourced income in Singapore, certain information must be supplied in the income tax return. These include:

  • The nature and amount of income received
  • The jurisdiction from which the income is originally from
  • The headline tax rate of the foreign tax jurisdiction
  • Confirmation that tax has already been paid in the jurisdiction from which the income is derived

Those who are filing Form C-S instead of Form C ought to include the above information in the company’s tax computation while also retaining any supporting documents and information.

Foreign Tax Credits: How to Claim Tax Breaks on Foreign-Sourced Income in Singapore?

Under normal circumstances, foreign income earned by a company based in Singapore is subject to taxation twice. The jurisdiction where the income originates may tax it. Additionally, Singapore may tax the income when it is remitted here. However, Singapore companies can avoid double taxation using foreign tax credits or exemptions.

Income from a foreign permanent establishment is usually taxed in the foreign country. Moreover, a foreign tax credit will only be granted if this income is also subject to Singapore tax.

Conditions to claim foreign tax credit are listed below.

  • A company must be a tax resident for the basis year in question,
  • Have paid tax on the same income in the foreign tax jurisdiction, and
  • Have income subject to taxation in Singapore. Companies in a loss position may not claim foreign tax credit.

A foreign tax credit is divided into two categories namely:

  • Double tax relief is where Singapore has DTA agreement with foreign jurisdiction and
  • Unilateral tax credit is there is NO DTA agreement

Double Tax Relief

Double tax relief is provided for under a Double Taxation Agreement (DTA).

Singapore residents can claim foreign tax credits for foreign taxes paid on foreign-sourced income. Additionally, the credit is capped at the lower of the foreign tax paid and the Singapore tax owed. Moreover, if a Double Taxation Agreement (DTA) exists, the credit is subject to its provisions.

Unilateral Tax Credits

Unilateral tax credits are available for Singapore tax residents who receive foreign-sourced income from countries without a DTA. Additionally, the country of origin generally taxes dividends and interest, considered passive income, in the year they are received. Singapore also taxes this income when it is remitted here. However, Singapore provides a foreign tax credit to offset the taxes paid in the foreign country.

Our Thoughts

To suffer double taxation is uncalled for, it advisable to seek for tax specialist to understand your income source to assess your eligibility for tax credit. Moreover, to gain more assurance you can even get an advance tax judgment from IRAS.

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常见问题

什么是避免双重征税协定?2020-07-01T11:21:56+08:00

避免双重征税协定(DTA)是新加坡与另一个国家(缔约国)签署的协议,旨在减轻一个国家的居民在另一个国家赚取的收入的双重征税。

它明确了新加坡与其缔约伙伴之间关于不同类型收益的征税权。

DTA还规定在某些类型的收入上可以减税或免税。

只有新加坡的税务居民和缔约国的税务居民才能享受DTA的优惠。如需了解我们的缔约伙伴,请参阅避免双重征税协定清单。

How to claim for tax exemption?2020-07-01T11:21:29+08:00

You are required to make a declaration in your income tax returns by giving the nature and amount of the foreign-sourced income that was remitted to Singapore. You are also required to complete the Declaration Form for Foreign-Sourced Income Received in Singapore From 22 Jan 2009 to 21 Jan 2010 (60KB) for submission to IRAS. Although you have to state the use of the foreign income in the declaration form, the usage of such foreign income will not affect the claim for tax exemption.

如何计算DTR?2020-07-01T11:21:07+08:00

DTR的金额取决于收入的性质,并受相关缔约国的DTA中规定的具体条款和条件的限制。

DTR

= 较低者:

  • 实际支付的外国税款;或
  • 归属于外国收入的(扣除费用后的)新加坡税额

对于贸易收入

如果公司在海外有常设机构(PE),并且收入是通过该常设机构得来的,通常情况下,该收入将在海外征税。只有在新加坡也征税时,才能授予DTR。

对于被动收入(例如利息、股息等)

来自新加坡境外的被动收入将在汇入新加坡的当年被征税。

Where to apply for some tax incentives?2022-06-20T17:16:49+08:00

There are various types of tax incentives available to companies and these are provided in the Singapore Income Tax Act (ITA) and Economic Expansion Incentives Act (EEIA). Some of the tax incentives available are listed in the table below.

Governing legislation Types of incentives Where to apply
ITA/S13F Approved International Shipping Enterprise MPA
www.mpa.gov.sg
ITA/S13H Approved Venture Company EDB
www.edb.gov.sg
ITA/S14B Further deduction of expenses relating to Approved Trade Fairs, Trade Exhibitions, Trade Missions or to maintain overseas Trade Office IE Singapore
www.enterprisesg.gov.sg
ITA/S14E Further deduction of expenses on Research and Development Project EDB
www.edb.gov.sg
ITA/S14O Tax deduction of special reserves for catastrophic risks of approved general insurers MAS
www.mas.gov.sg
ITA/S19C Writing down allowance for cost sharing agreement EDB
www.edb.gov.sg
ITA/S43(9) Concessionary rate of tax for income of life insurance companies apportioned to policyholders
ITA/S43C Concessionary rate of tax for approved offshore general insurance companies MAS
www.mas.gov.sg
ITA/S43C Concessionary rate of tax for approved offshore life insurance companies MAS
www.mas.gov.sg
ITA/S43C Concessionary rate of tax for approved offshore composite insurance companies MAS
www.mas.gov.sg
ITA/S43C Exemption of tax for approved marine hull and liability insurer (onshore and offshore business) MAS
www.mas.gov.sg
ITA/S43C Exemption of tax for approved offshore captive insurance companies MAS
www.mas.gov.sg
ITA/S43C Exemption of tax for approved insurer underwriting offshore qualifying specialised insurance risk MAS
www.mas.gov.sg
ITA/S43E Concessionary rate of tax for Approved Operational Headquarters (OHQs) EDB
www.edb.gov.sg
ITA/S43G Concessionary rate of tax for Approved Finance and Treasury Centre EDB
www.edb.gov.sg
ITA/S43Q Concessionary rate of tax for Financial Sector Incentive Companies MAS
www.mas.gov.sg
ITA/S43P Approved Global Trading Company IE Singapore
www.iesingapore.gov.sg
EEIA/ Part II Pioneer Industries EDB
www.edb.gov.sg
EEIA/ Part III Pioneer Service Companies EDB
www.edb.gov.sg
EEIA/Part IIIB Approved Shipping Logistics Enterprise MPA
www.mpa.gov.sg
EEIA/ Part IIIB Development & Expansion Incentive EDB
www.edb.gov.sg
EEIA/Part X Investment Allowances EDB
www.edb.gov.sg
EEIA/Part XIIIB Overseas Enterprise Incentive IE Singapore
www.iesingapore.gov.sg
EEIA/Part VIA Export Service Company EDB
www.edb.gov.sg

 

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