Singapore legislation

Clause 25

of Income Tax (Amendment) Bill

Clause 25

Amendment of section 37J

Section 37J of the principal Act is amended —

(a)

by deleting the words “the amount of cash payout that has been made to him or any other person under section 37I as a result of the offence, or which would have been made to him or any other person under that section” in subsections (1) and (2) and substituting in each case the words “the amount of cash payout or PIC bonus (or both, as the case may be) that has been made to him or any other person as a result of the offence, or which would have been made to him or any other person”;

(b)

by deleting the words “a cash payout or a higher amount of cash payout under section 37I” in subsections (3) and (4) and substituting in each case the words “a cash payout or PIC bonus (or both) or a higher amount of cash payout or PIC bonus (or both)”;

(c)

by deleting the words “the amount of cash payout that has been made to him or that other person under section 37I as a result of the offence, or which would have been made to him or that other person under that section” in subsections (3) and (4) and substituting in each case the words “the amount of cash payout or PIC bonus (or both, as the case may be) that has been made to him or that other person as a result of the offence, or which would have been made to him or that other person”;

(d)

by inserting, immediately after subsection (4), the following subsections:“(4A) Where an individual has been convicted for —

(a)

3 or more offences under subsection (3) or section 96;

(b)

2 or more offences under subsection (4) or section 96A; or

(c)

one offence under either subsection (3) or section 96, and one offence under either subsection (4) or section 96A,the imprisonment he shall be liable to shall not be less than 6 months.(4B) Where in any proceedings under subsection (3) it is proved that any information that is false in a material particular is given to the Comptroller under section 37I(2) by or on behalf of any person, the person who gave the information is presumed, unless the contrary is proved, to have given it with intent to obtain, or to assist the person on whose behalf the information is given to obtain, a cash payout or PIC bonus (or both) or a higher amount of cash payout or PIC bonus (or both), as the case may be.(4C) Where in any proceedings under subsection (4) it is proved that any false statement or entry is made in any books of account or other records maintained by or on behalf of any person, the person who made the statement or entry shall be presumed, unless the contrary is proved, to have made that false statement or entry with intent to obtain, or to assist the person on whose behalf the statement or entry is made to obtain, a cash payout or PIC bonus (or both) or a higher amount of cash payout or PIC bonus (or both), as the case may be.”;

(e)

by inserting, immediately after subsection (5), the following subsection:“(6) In this section —“cash payout” means a payment under section 37I;“PIC bonus” means a payment under section 37IA.”; and

(f)

by deleting the section heading and substituting the following section heading:“Penalties for false information, etc., resulting in payment under section 37I or 37IA”.

Clause 25 — Income Tax (Amendment) Bill | laws.sg