Singapore legislation
Regulation 8A
Regulation 8A
Modifications to section 37P of Act (Treatment of unabsorbed donations attributable to exempt income)
Subregulation 1
Subject to the conditions specified in paragraph (2) and to paragraphs (3) and (4), where —
an amalgamating company ceases to exist on the date of amalgamation; and
as of the date of the amalgamation, there is still a balance of attributed donation (within the meaning of section 37P of the Act) that has yet to be deducted from the statutory income of the amalgamating company for a year of assessment,then section 37P of the Act applies, with the necessary modifications, as if the amalgamated company is the amalgamating company for the purposes of deducting the balance from the statutory income of the amalgamated company.
Subregulation 2
The conditions in paragraph (1) are —
the amalgamating company was carrying on a trade or business until the date of the amalgamation; and
the amalgamated company continues to carry on the same trade or business on the date of amalgamation as that of the amalgamating company.
Subregulation 3
The balance may only be deducted against the statutory income of the amalgamated company derived from the same trade or business carried on by the amalgamating company until the date of the amalgamation.
Subregulation 4
Where —
any donation to which section 37P of the Act applies was made by the amalgamating company in the year in which the amalgamation occurs; and
the date of amalgamation is earlier than the last day of the year mentioned in sub‑paragraph (a),then the reference to “the last day of the year in which the donation was made” in section 37P(1)(h) of the Act is, in relation to the amalgamating company, to be read as a reference to “the day immediately before the date of amalgamation”.