Singapore legislation
Section 49
Section 49
Avoidance of double taxation arrangements
(1)
If the Minister by order declares that arrangements specified in the order have been made with the government of any country outside Singapore with a view to affording relief from double taxation in relation to tax under this Act and any tax of a similar character imposed by the laws of that country, and that it is expedient that those arrangements should have effect, the arrangements have effect despite anything in any written law.
(2)
Any arrangements made with the government of another country —
may provide for liability to tax by one country and for exemption from tax by the other country;
may provide for exemption, wholly or partly and with or without conditions, from tax in either or both countries and for any income so exempted to be taken into account in determining the effective rate of tax to be applicable to other income;
may deem the source of income to be wholly or partly in either or both of such countries; and
may provide for the charge to tax by the country in which the source is deemed to be situated, of any income derived from such source.
(2A)
In subsection (2)(b), “effective rate of tax” means the rate of tax as ascertained in accordance with the formulawhere Ais the tax payable before allowance of credit under any arrangements having effect under this section on B + C computed in accordance with the provisions of this Act;Bis the exempt income; andCis the other income.
(3)
[Deleted by Act 27 of 2009]
(4)
Any order made under this section may be revoked by a subsequent order.
(5)
Where any arrangements have effect by virtue of this section, the obligation as to secrecy imposed by section 6 does not prevent the disclosure to any authorised officer of the government with which the arrangements are made of such information as is required to be disclosed under the arrangements.
(6)
The Minister may make rules for carrying out the provisions of any arrangements having effect under this section.
(7)
The Minister may by order amend the provisions of any arrangements that have effect under subsection (1), in order to give effect to Singapore’s obligations under the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting done at Paris on 24 November 2016 (as amended from time to time).
(8)
Where the provisions of any arrangements that have effect under subsection (1) are amended by an order under subsection (7), then those provisions have effect under subsection (1) as amended by that order.