Singapore legislation
Clause 61
Clause 61
New sections 92A and 92B
The principal Act is amended by inserting, immediately after section 92, the following sections:“Remission of tax of companies for year of assessment 201192A.—
Subject to subsection (2), there shall be remitted the tax payable for the year of assessment 2011 by a company an amount equal to the lower of —
20% of the tax payable for that year of assessment (excluding any tax levied and paid or payable pursuant to section 43(3), (3A) and (3B)); and
$10,000,where the Comptroller is satisfied that the remission of tax would be beneficial to the company.(2) No remission under subsection (1) shall be granted to a company where the company qualifies for the cash grant under section 92B.Cash grant for companies for year of assessment 201192B.—
Where a company has made a contribution to the Central Provident Fund in respect of any of its employees during the basis period for the year of assessment 2011, and —
the company is not liable to pay tax for the year of assessment 2011;
the specified amount is greater than 20% of the tax payable by the company for that year of assessment (excluding any tax levied and paid or payable pursuant to section 43(3), (3A) and (3B)); or
the company makes a written election for a cash grant under this section in lieu of the remission under section 92A, and the Comptroller is satisfied that the cash grant would be more beneficial to the company than the remission,then there shall, in lieu of the remission of tax under section 92A, be made to the company for the year of assessment 2011 a cash grant of the specified amount.(2) The election under subsection (1)(c) shall be made to the Comptroller at the time the company furnishes a return of its income for the year of assessment 2011 or within such further time as the Comptroller may allow.(3) The cash grant under subsection (1) shall be exempt from tax in the hands of the company.(4) Where a company receives a cash grant under subsection (1) —
without having satisfied all the requirements in this section; or
that is in excess of that which may be given to it under this section,the amount of the cash grant or the excess amount of the cash grant, as the case may be, shall be recoverable by the Comptroller from the company as a debt due to the Government.(5) The Comptroller shall send the company a notice specifying the amount to be repaid under subsection (4), and the company shall pay the amount at the place stated in the notice within one month after the service of the notice.(6) The Comptroller may, in his discretion and subject to such terms and conditions as he may impose, extend the time limit within which payment under subsection (5) is to be made.(7) Sections 86(1) to (6), 87(1) and (2), 89, 90 and 91 shall apply to the collection and recovery by the Comptroller of the amounts recoverable under subsection (5) as they apply to the collection and recovery of tax.(8) Where any tax, duty, interest or penalty is due by the company —
under this Act to the Comptroller of Income Tax;
under the Goods and Services Tax Act (Cap. 117A) to the Comptroller of Goods and Services Tax;
under the Property Tax Act (Cap. 254) to the Comptroller of Property Tax; or
under the Stamp Duties Act (Cap. 312) to the Commissioner of Stamp Duties,then the amount of cash grant made by the Comptroller to the company shall be reduced by the amount so due; and the amount of the reduction shall be deemed to be tax, duty, interest or penalty paid by the company under the relevant Act and shall (if it is due under an Act other than this Act) be paid by the Comptroller to the Comptroller of Goods and Services Tax, the Comptroller of Property Tax or the Commissioner of Stamp Duties, as the case may be.(9) In this section, “specified amount” means —
5% of the gross amount of the income derived by a company from its principal activities in the basis period for the year of assessment 2011; or
$5,000,whichever is the lower.”.