Singapore legislation

Regulation 8

of Income Tax (Exemption and Concessionary Tax Rate for Income from Composite Insurance Business) Regulations

Regulation 8

Apportionment of expenses, allowances and donations

Amended byS 80/2009 wef Y/A 2005 & Sub Ys/AS 224/2009 wef 22/05/2009S 602/2017 wef 01/04/2016S 602/2016 wef 01/04/2016S 319/2016 wef 01/04/2013S 602/2017 wef 01/04/2016S 613/2017 wef 01/04/2016S 319/2016 wef 05/07/2016

Subregulation 1

Amended byS 80/2009 wef Y/A 2005 & Sub Ys/AS 224/2009 wef 22/05/2009S 602/2017 wef 01/04/2016

Any item of expenditure not directly attributable to the offshore general insurance business or offshore life business of an approved insurer, and capital allowances and donations, allowable to the approved insurer under the Act, shall be apportioned between such business and the other insurance business of the approved insurer; and the portion attributable to such business shall, subject to paragraph (3), be ascertained by using the fraction —where Po, Pi, PoL and PiL have the same meanings as in regulation 6(1).

Subregulation 2

Amended byS 602/2016 wef 01/04/2016S 319/2016 wef 01/04/2013S 602/2017 wef 01/04/2016S 613/2017 wef 01/04/2016

Despite paragraph (1) and subject to paragraph (3), where an approved insurer is also an approved marine hull and liability insurer under regulation 4, an approved captive insurer under regulation 4A or an approved specialised insurer under regulation 4B, any item of expenditure not directly attributable to the marine hull and liability insurance and reinsurance business, the offshore captive insurance business, the qualifying specialised insurance business, the offshore general insurance business or the offshore life business of such insurer, as well as capital allowances and donations allowable to such insurer under the Act, are to be apportioned between such business and the other insurance business of such insurer in the following manner:

(a)

the portion attributable to marine hull and liability insurance and reinsurance business is to be ascertained by using the fraction —

(b)

the portion attributable to offshore captive insurance business is to be ascertained by using the fraction —

(c)

the portion attributable to offshore qualifying specialised insurance business is to be ascertained by using the fraction —

(ca)the portion attributable to qualifying specialised insurance business is to be ascertained by using the fraction —

(d)

the portion attributable to offshore life business and offshore general insurance business, other than offshore marine hull and liability insurance and reinsurance business, offshore captive insurance business and offshore qualifying specialised insurance business, is to be ascertained by using the fraction —where Pm, Pn, Po, Pi, PoL and PiLhave the same meanings as in regulation 5B(1)(b), with the references to the approved marine hull and liability insurer in that provision modified to refer to the approved insurer;Pchas the same meaning as in regulation 7A(1); andPshas the same meaning as in regulation 7B(1).Ps and Pthave the same meanings as in regulation 5D(4)(b)(ii) and (iii).

Subregulation 3

Amended byS 319/2016 wef 05/07/2016

The Comptroller may apply any alternative method of apportionment in place of any of the prescribed fractions in paragraphs (1) and (2) if the Comptroller is satisfied that the alternative method is reasonable in the circumstances of the business of the approved insurer.