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Singapore: Legal and Tax Regimes for Foreign Business Entities |
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Singapore
Singapore Forms of Operation
Foreign
business entities can use the following forms:
-
Limited
liability company
-
Branch, subsidiary or representative office
-
Partnership (whether general, limited or limited
liability)
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Holding company
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Bank
-
Investment fund
-
Offshore insurance company
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Shipping company
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Singapore Tax Treatment of Operations of Foreign
Business Entities
See Domestic
Corporate Taxes for the general principles
of Singapore corporate taxation, which also
generally apply to foreign business entities.
Note
that branches located in Singapore do not qualify
for tax and other incentives available to Singapore
businesses; moreover, the parent company remains
liable for a branch’s debts or losses.
However, registering a subsidiary as a limited
liability company enables the subsidiary to
have access to the same tax and other incentives
as are available to Singaporean companies, as
well as removing any obligation on the parent
as regards a subsidiary’s debts and losses.
International
and regional headquarters located in Singapore
can benefit from reduced corporate income tax
rates of 10% and 15% respectively, compared
to the standard tax rate of 17% (see Singapore
Investments by Foreigners). There are also
reduced corporate income tax rates and exemptions
available to companies involved in shipping
and maritime activities (see Singapore
Ship Management and Maritime Operations).
Qualifying
foreign investment funds that are managed by
a Singapore-based fund manager are tax exempt
on gains, dividends, profits and interest from
designated investments such as stocks, shares
and bonds. For these purposes, a qualifying
foreign investment fund is one that does not
have a presence in Singapore; is in the form
of companies, trusts or individual accounts;
and is not 100% beneficially owned by Singapore-resident
investors (whether individuals or companies)
or by non-residents’ Singapore-based permanent
establishments.
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Singapore Taxation of Foreign Employees
The
income tax rate for expatriates’ employment
income is either 15% or the relevant resident
tax rate, whichever produces the highest sum.
Directors’ fees, consultation fees and
most other income are taxed at 20%, which is
generally withheld at source.
Tax
clearance must be sought from the Inland Revenue
Authority of Singapore (IRAS) where a foreign
employee ceases to work for the company, is
posted to work in an overseas location, or plans
to leave Singapore for a period of more than
three months. Certain exemptions from this requirement
apply, where the foreign employee:
-
has
worked in Singapore for a period not exceeding
60 days in a calendar year (this does not
apply to directors, public entertainers and
people exercising a profession, vocation or
employment of a similar nature);
-
worked
for less than 183 days in a calendar year,
or a continuous 183-day period straddling
two years, and his or her earnings were less
than SGD20,000 per year (this does not apply
to directors, public entertainers and people
exercising a profession, vocation or employment
of a similar nature);
-
worked in Singapore for three continuous years
or more and earned less than SGD20,000 per
year;
-
is transferred to another company in Singapore
within the group due to merger, takeover or
restructure; or
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is away from Singapore for training or business
purposes (excluding overseas posting) for
three to six months.
The
employer must withhold all moneys owed to the
foreign employee until clearance is given by
the IRAS, or after 30 days from the date the
IRAS receives notification from the employer,
whichever is earlier.
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Singapore Exchange Control
There
are no foreign exchange controls in Singapore.
Payments, capital transfers and remittances
can be made in any currency and to any country
without prior approval.
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Singapore Employment and Residence
For
details of employment and residence matters
in Singapore, see Country and Foreign Investment:
Singapore Entry and Residence.
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