Singapore legislation

Clause 49

of Finance (Income Taxes) Bill

Clause 49

Amendment of section 107

In the ITA, in section 107 —

(a)

in subsection (11), after “14EA,”, insert “14EB,”;

(b)

in subsection (11), after “14M,”, insert “14MA,”;

(c)

in subsection (17)(a), replace “ordinary shares” with “ordinary shares or preference shares (or both)”;

(d)

after subsection (18), insert —“(18A) Section 13W(1A) applies for the purpose of determining the exempt income of a company (including a non‑umbrella VCC but excluding an umbrella VCC) from the disposal of shares in a VCC (whether or not an umbrella VCC) (called X) with the following modifications:

(a)

all references to preference shares in X are omitted;

(b)

the reference in section 13W(1A)(b)(ii) to the paid‑up share capital of ordinary shares and preference shares in X is to the paid‑up share capital of ordinary shares in X.”;

(e)

after subsection (20), insert —“(20A) For the purposes of subsection (17A) —“applicable accounting principles”, in relation to a company, means —

(a)

the accounting principles adopted by the company; or

(b)

if the company is not required to comply with any accounting principles in preparing its financial statements — the International Financial Reporting Standards; “preference shares”, in relation to a company, means only preference shares that are accounted for as equity by the company under the applicable accounting principles.”;

(f)

in subsection (28), in the subsection heading, replace “and 92J” with “, 92J and 92L”;

(g)

in subsection (28A), after “Section 92J”, insert “or 92L”;

(h)

in subsection (28A), after “section 92J(7)”, insert “or 92L(7) (as the case may be)”; and

(i)

in subsection (28A)(b), in the definition of “local employee”, in paragraph (b), after “2023”, insert “(for the purposes of section 92J) or 2024 (for the purposes of section 92L)”.