Singapore legislation

Regulation 7

of Income Tax (Exemption of Income of Approved Companies Arising from Funds Managed by Fund Manager in Singapore) Regulations 2010

Regulation 7

Annual statement and annual declaration

Amended byS 707/2024 wef 19/02/2019S 707/2024 wef 19/02/2019S 935/2022 wef 06/12/2022S 345/2012 wef 01/09/2007S 935/2022 wef 31/12/2021S 935/2022 wef 31/12/2021S 935/2022 wef 31/12/2021S 935/2022 wef 06/12/2022S 383/2016 wef 14/07/2014S 345/2012 wef 01/09/2007S 345/2012 wef 01/04/2009S 935/2022 wef 31/12/2021

Subregulation 1

Where an approved company derives in any basis period any income exempt from tax under regulation 3, any fund manager of the approved company shall issue to every relevant owner of the approved company a statement for the basis period.

Subregulation 2

The statement issued under paragraph (1) shall include —

(a)

the gains or profits as reflected in the audited account of the approved company for the basis period;

(b)

the total value of the issued securities of the approved company on the relevant day;

(c)

the total value of the issued securities of the approved company held by the relevant owner on the relevant day; and

(d)

whether the number of relevant owners of the approved company is less than 10 on the relevant day.

Subregulation 2A

Amended byS 707/2024 wef 19/02/2019

Where the statement mentioned in paragraph (1) relates to the year of assessment 2020 or any subsequent year of assessment, the statement may be issued by way of the fund manager making the statement available on the fund manager’s website.

Subregulation 2B

Amended byS 707/2024 wef 19/02/2019

If the fund manager issues the statement in the manner described in paragraph (2A), the fund manager must include, on the website or in offering documents of the issued securities, a statement of a relevant owner’s obligation under paragraph (5).

Subregulation 3

Amended byS 935/2022 wef 06/12/2022

The Minister or an authorised body may, in any particular case, waive the requirement under paragraph (1), subject to such conditions as the Minister or authorised body may impose.

Subregulation 4

Amended byS 345/2012 wef 01/09/2007S 935/2022 wef 31/12/2021

Any fund manager of the approved company shall, within one month after the date of issue of the audited account of the approved company relating to any basis period in which the relevant day falls or such extended time as the Comptroller may allow —

(a)

submit a declaration to the Comptroller, in such form as the Comptroller may specify, where the approved company has any relevant owner to whom section 13O(3) of the Act applies for the basis period; and

(b)

provide such details of the relevant owner as may be specified by the Comptroller.

Subregulation 5

Amended byS 935/2022 wef 31/12/2021

Where a relevant owner is liable to pay to the Comptroller a penalty under section 13O of the Act, he shall declare the amount of penalty liable to be paid in its return of income for the year of assessment relating to the basis period of the relevant owner in which the relevant day falls.

Subregulation 6

Amended byS 935/2022 wef 31/12/2021S 935/2022 wef 06/12/2022S 383/2016 wef 14/07/2014

An approved company shall submit an annual declaration to the Monetary Authority of Singapore, in such form and within such time as the Comptroller or the Monetary Authority of Singapore may specify, that it has met, for each basis period, the conditions —

(a)

subject to which the Minister or an authorised body approved the company under section 13O(1) of the Act; and

(b)

specified in regulation 3.

Subregulation 7

Amended byS 345/2012 wef 01/09/2007S 345/2012 wef 01/04/2009S 935/2022 wef 31/12/2021

Paragraphs (1) and (4) shall not apply where the relevant owner is another approved company under section 13O of the Act referred to in regulation 5(1)(e) or an approved person under section 13U of the Act referred to in regulation 5(1)(f), as the case may be.