Singapore legislation

Clause 9

of Income Tax (Amendment) Bill

Clause 9

Amendment of section 13A

(1)

Section 13A of the principal Act is amended —

(a)

by deleting the words “on or after 22nd February 2010” in subsection (1C) and substituting the words “at any time in the period between 22 February 2010 and 23 February 2015 (both dates inclusive)”;

(b)

by deleting the words “, foreign dredger, foreign seismic ship or any foreign vessel used for offshore oil or gas activity” in subsection (1CA)(c);

(c)

by inserting, immediately after subsection (1CC), the following subsections:“(1CD) The income of a shipping enterprise referred to in this section includes income derived on or after 24 February 2015 by the shipping enterprise from providing prescribed ship management services to a qualifying company in respect of Singapore ships owned or operated by the qualifying company.(1CE) The income of a shipping enterprise referred to in this section includes income derived on or after 24 February 2015 by the shipping enterprise from —

(a)

any mobilisation or holding of any ship used or to be used for offshore oil or gas activity outside the limits of the port of Singapore; or

(b)

the demobilisation of any ship after it has been so used,where the mobilisation, holding or demobilisation is undertaken by the shipping enterprise itself using a Singapore ship.(1CF) The income of a shipping enterprise referred to in this section includes income derived on or after 24 February 2015 by the shipping enterprise from —

(a)

any mobilisation or holding of a Singapore ship owned or operated by the shipping enterprise and used or to be used for offshore oil or gas activity outside the limits of the port of Singapore; or

(b)

the demobilisation of a Singapore ship owned or operated by the shipping enterprise after it has been so used.(1CG) The income of a shipping enterprise referred to in this section includes income derived on or after 24 February 2015 by the shipping enterprise from the leasing of any container (other than finance leasing) carried out in connection with its operation of Singapore ships and that is incidental to such operation.”;

(d)

by deleting the words “or (1C)” in subsection (3)(b) and substituting the words “, (1C), (1CD), (1CE), (1CF) or (1CG)”;

(e)

by inserting, immediately before the definition of “foreign ship” in subsection (16), the following definitions:“ “container” has the same meaning as in section 43ZA(7);“demobilisation”, in relation to a ship, means the standing down and restoration of the ship to the state it was in before mobilisation;“finance leasing”, in relation to any container, means a lease of the container (including any arrangement or agreement made in connection with the lease) which has the effect of transferring substantially the obsolescence, risks or rewards incidental to ownership of the container to the lessee;”;

(f)

by inserting, immediately after the definition of “foreign ship” in subsection (16), the following definitions:“ “holding”, in relation to a ship, means keeping the ship on a standby mode for use in offshore oil or gas activity;“mobilisation”, in relation to a ship, means bringing the ship to a state of readiness for use in offshore oil or gas activity, and includes moving the ship to the deployment site, and outfitting and re‑engineering the ship to bring it to a state of readiness for use in such activity;”;

(g)

by deleting the word “vessel” in paragraph (a)(iv) of the definition of “operation” in subsection (16) and substituting the word “ship”;

(h)

by inserting, immediately after the definition of “operation” in subsection (16), the following definition:“ “prescribed ship management services” means activities that support or are incidental to owning or operating a ship, and which are prescribed as prescribed ship management services under section 7;”;

(i)

by inserting, immediately after the definition of “qualifying company” in subsection (16), the following definition:“ “ship” has the same meaning as in section 2(1) of the Merchant Shipping Act;”; and

(j)

by deleting the definition of “Singapore ship” in subsection (16) and substituting the following definition:“ “Singapore ship” means a ship in respect of which a certificate of registry (other than a provisional certificate of registry) has been issued under the Merchant Shipping Act and its registry is not closed or deemed to be closed or suspended;”.

(2)

Paragraphs (b), (g) and (i) of subsection (1) apply only in relation to income derived or deemed to be derived on or after the date the Income Tax (Amendment) Act 2016 is published in the Gazette.