Singapore legislation
Section 40
of Economic Expansion Incentives (Relief from Income Tax) Act
Section 40
Dividends exempted
(1)
As soon as any amount of export income has become exempt under section 39, that amount shall be credited to an account to be kept by the export enterprise for the purposes of this section.
(2)
Where that account is in credit at the date on which any dividends are paid by the export enterprise out of income which has been exempted, an amount equal to those dividends or to that credit, whichever is the less, shall be debited to the account.
(3)
So much of the amount of any dividends so debited to that account as are received by a shareholder of the export enterprise shall, if the Comptroller is satisfied with the entries in the account, be exempt from tax in the hands of the shareholder.
(3A)
Notwithstanding subsection (3), where a dividend is paid on any share of a preferential nature, it shall not be so exempt in the hands of the shareholder.
(4)
Any dividends debited to that account shall be treated as having been distributed to the shareholders of the enterprise or any particular class of the shareholders in the same proportions as the shareholders were entitled to payment of the dividends giving rise to the debit.
(5)
The export enterprise shall deliver to the Comptroller a copy of that account, made up to a date specified by him, whenever called upon to do so by notice in writing sent by him to its registered office, until such time as he is satisfied that there is no further need for maintaining the account.
(6)
Notwithstanding section 39 and subsections (1) to (5), where it appears to the Comptroller that —
any amount of exempted income of an export enterprise; or
any dividend exempted in the hands of any shareholder, including any dividend paid by a holding company to which subsection (9) applies,ought not to have been exempted by reason of a direction under section 9, as applied to this Part by section 33, having been made with respect to the export enterprise, after any income of that enterprise has been exempted under the provisions of this Act or the revocation under section 99 of a certificate issued to the export enterprise, the Comptroller may, subject to section 74 of the Income Tax Act (Cap. 134) —
make such assessment or additional assessment upon the export enterprise or any such shareholders as may appear to be necessary in order to counteract any profit obtained from any such amount which ought not to have been exempted; or
direct the export enterprise to debit its account, kept in accordance with subsection (1), with such amount as the circumstances require.
(7)
Parts XVII and XVIII of the Income Tax Act (relating to objections and appeals) shall apply, with the necessary modifications, to any direction given under subsection (6) as if it were a notice of assessment given under those provisions.
(8)
Section 44 of the Income Tax Act (Cap. 134) shall not apply in respect of any dividend or part thereof which is debited to the account required to be kept for the purposes of this section.
(9)
Where an amount has been received by way of dividend from an export enterprise by a shareholder and the amount is exempt from tax under subsections (1) to (8), if that shareholder is a company (referred to in this section as the holding company) which holds, at the time any dividend is declared, the beneficial interest in all the issued shares of the export enterprise (or in not less than such proportion of those shares as the Minister may approve), any dividends paid on or after 1st January 1967 by the holding company to its shareholders, to the extent that the Comptroller is satisfied that those dividends are paid out of that amount, shall be exempt from tax in the hands of those shareholders; and section 44 of the Income Tax Act shall not apply in respect of any dividend or part thereof so exempt.