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In forceAmended2020 Revised Edition
Contents

Part 11 · Rates of Tax

43S. Concessionary rate of tax for income derived from managing qualifying registered business trust or company

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Amended

Last amended by an amending law of 2020. 4 amendments in all.

(1)

Despite section 43, the Minister may by regulations provide that tax at the rate of 10% is to be levied and paid for each year of assessment upon such income as the Minister may specify derived on or after 1 April 2008 —

(a)

by an approved trustee‑manager of a qualifying registered business trust from providing services in such capacity in respect of such infrastructure asset or project situated outside Singapore as may be prescribed by regulations (called in this section a prescribed offshore infrastructure asset or project); and

(b)

by an approved fund management company from —

(i)

managing a qualifying company in respect of any prescribed offshore infrastructure asset or project; or

(ii)

arranging, on behalf of a qualifying company, any loan of designated securities under a securities lending arrangement in writing to another qualifying company.

(2)

Regulations made under subsection (1) may provide for the deduction of losses otherwise than in accordance with section 37(3).

(3)

For the purposes of this section, the Minister or an authorised body may, subject to such conditions as the Minister or authorised body may impose —

(a)

approve a trustee‑manager of a qualifying registered business trust as an approved trustee‑manager; or

(b)

approve a fund management company as an approved fund management company.

(4)

Approval may be granted under this section between 1 April 2008 and 31 December 2022 (both dates inclusive).

(5)

In this section —

“designated securities” means —

(a)

stocks, shares, bonds or other securities, denominated in any foreign currency, issued by a company which is neither incorporated in Singapore nor resident in Singapore; or

(b)

bonds denominated in any foreign currency issued by any foreign government;

“fund management company” means any company incorporated in Singapore;

“qualifying company”, in relation to an approved fund management company, means any company incorporated in Singapore which —

(a)

is listed or to be listed on any exchange in Singapore within one year from the date the approved fund management company is so approved; and

(b)

owns any offshore infrastructure asset or any asset used in an offshore infrastructure project, or debt securities or shares of any company that owns any offshore infrastructure asset or any asset used in an offshore infrastructure project;

“qualifying registered business trust”, in relation to an approved trustee‑manager, means any registered business trust which —

(a)

is listed or to be listed on any exchange in Singapore within one year from the date the approved trustee‑manager is so approved; and

(b)

owns any offshore infrastructure asset or any asset used in an offshore infrastructure project, or debt securities or shares of any company that owns any offshore infrastructure asset or any asset used in an offshore infrastructure project;

“registered business trust” and “trustee‑manager” have the meanings given by the Business Trusts Act 2004.[43ZD

Report

Part 12

Deduction of Tax at Source

Part 13

Allowances for Tax Charged

Part 14

Relief Against Double Taxation

Part 15

Persons Chargeable

Part 16

Returns

Part 17

Assessments and Objections

Part 18

Appeals

Part 19

Collection, Recovery and Repayment of Tax

Part 20

Offences and Penalties

Part 20A

Exchange of Information Under Avoidance of Double Taxation Arrangements and Exchange of Information Arrangements

Part 20B

International Agreements to Improve Tax Compliance

Part 21

Miscellaneous

Schedules