Clause 22

This section shall apply to a person who, in any year of assessment, is not resident in Singapore and who makes any withdrawal from his SRS account which is deemed to be income subject to tax under section 10L or derives such income and income from any other source in the year preceding that year of assessment which does not include —

income from the exercise of any employment in Singapore; or

income derived as a public entertainer within the meaning of section 40A.(2) Any person to whom this section applies shall, if the tax payable by him in respect of that year of assessment is attributable to withdrawals from his SRS account, be allowed relief in respect of that year of assessment in the following manner:

where the withdrawals from his SRS account are his only source of income, by reduction of the rate of tax to 15% on every dollar of the chargeable income;

where the person possesses any other source of income in Singapore and the total assessable income exceeds the statutory income attributable to the withdrawals from his SRS account, by reduction of the rate of tax to 15% on such part of the chargeable income as bears the same proportion to the total chargeable income as the statutory income attributable to the withdrawals from his SRS account bears to the total assessable income;

where the person possesses any other source of income in Singapore and the total assessable income is equal to or less than the statutory income attributable to the withdrawals from his SRS account, by reduction of the rate of tax to 15% on every dollar of the chargeable income.(3) The relief available to any person under subsection (2) shall be so limited that the tax payable in respect of such income shall not be less than that which would be payable by a resident of Singapore in the same circumstances.(4) Where any person is entitled to relief under this section and is also entitled to relief under section 40(1) or (2A), he shall be entitled to whichever relief is the greater in respect of the income to which this section relates.(5) In this section —“statutory income attributable to the withdrawals from his SRS account” means the statutory income of a person derived from such source as ascertained under section 35(1);“total assessable income” means the remainder of the statutory income of a person after the deduction allowed under section 37(2)(a) has been made;“withdrawals from his SRS account” means all withdrawals from the SRS account of a person which are deemed to be income subject to tax under section 10L.Relief for non-resident deriving income from activity as public entertainer and employee, etc.40D.—

This section shall apply to a person who, in any year of assessment, is not resident in Singapore and who derives income from 2 or more of the following sources (referred to in this section as relevant income) in the year preceding that year of assessment —

income derived as a public entertainer within the meaning of section 40A;

income from the exercise of any employment in Singapore; and

any withdrawal from his SRS account.(2) Any person to whom this section applies shall, if the tax payable by him in respect of that year of assessment is attributable to the relevant income, be allowed relief in respect of that year of assessment in the following manner:

where he only derives the relevant income in Singapore, by reduction of the rate of tax to the rate specified under section 40A, 40B or 40C, as the case may be, on every dollar of the chargeable income attributable to the source of income referred to in subsection (1)(a), (b) or (c), respectively;

where the person possesses any other source of income in Singapore and the total assessable income exceeds the statutory income attributable to the sources giving rise to the relevant income, by reduction of the rate of tax to —

the rate of tax specified in section 40A(2) on such part of the chargeable income as bears the same proportion to the total chargeable income as the statutory income attributable to such activity as a public entertainer bears to the total assessable income;

the rate of tax specified in section 40B(2) on such part of the chargeable income as bears the same proportion to the total chargeable income as the statutory income attributable to such activity as a non-resident employee bears to the total assessable income; and

the rate of tax specified in section 40C(2) on such part of the chargeable income as bears the same proportion to the total chargeable income as the statutory income attributable to the withdrawals from his SRS account bears to the total assessable income;

where the person possesses any other source of income in Singapore and the total assessable income is equal to or less than the statutory income attributable to the sources giving rise to the relevant income, by reduction of the rate of tax to —

the lowest of the rates specified under sections 40A(2), 40B(2), 40C(2) and 43(1)(b), as the case may be, on every dollar of the chargeable income or the amount of statutory income attributable to that source which is subject to tax at that lowest rate, whichever is the less;

the second lowest of the rates specified under sections 40A(2), 40B(2), 40C(2) and 43(1)(b), as the case may be, on every dollar of the chargeable income in excess of the statutory income taxed at the lowest rate, or the amount of statutory income attributable to that source which is subject to tax at that second lowest rate, whichever is the less; and

the third lowest of the rates specified under sections 40A(2), 40B(2), 40C(2) and 43(1)(b), as the case may be, on every dollar of the chargeable income in excess of the statutory income taxed at the other two lower rates, or the amount of statutory income attributable to that source which is subject to tax at that third lowest rate, whichever is the less.(3) The relief available to any person under subsection (2) shall be so limited that the tax payable in respect of such income referred to in subsection (1)(b) or (c), shall not be less than that which would be payable by a resident of Singapore in the same circumstances.(4) For the purposes of computing the tax payable by a resident of Singapore in the same circumstances referred to in subsection (3), the statutory income derived as a public entertainer by a person to whom this section applies shall be excluded.(5) Where any person is entitled to relief under this section and is also entitled to relief under section 40(1) or (2A), he shall be entitled to whichever relief is the greater in respect of the income to which this section relates.(6) In this section —“non-resident employee” has the same meaning as in section 40B;“public entertainer” has the same meaning as in section 40A;“statutory income attributable to such activity as a non-resident employee” has the same meaning as in section 40B;“statutory income attributable to such activity as a public entertainer” has the same meaning as in section 40A;“statutory income attributable to the withdrawals from his SRS account” has the same meaning as in section 40C;“total assessable income” means the remainder of the statutory income of a person after the deduction allowed under section 37(2)(a) has been made;“withdrawals from his SRS account” has the same meaning as in section 40C.”.