Singapore legislation

Regulation 3

of Income Tax (Exemption of Relevant Income of Eligible Family-owned Investment Holding Company) Regulations 2009

Regulation 3

Conditions for exemption

Subregulation 1

The prescribed conditions for the purpose of the definition of “eligible family-owned investment holding company” in section 13W of the Act, which shall be satisfied throughout the basis period for the year of assessment in question, are as follows:

(a)

subject to sub-paragraph (b), all the issued shares of the company are beneficially owned by one or more individuals;

(b)

where all the issued shares are beneficially owned by more than one individual, all the individuals are connected persons by reference to any one of them;

(c)

a financial institution in Singapore is engaged to —

(i)

administer the company;

(ii)

manage the financial assets of the company; or

(iii)

provide advice on the management of the financial assets of the company;

(d)

the company’s transactions with related parties are carried out on an arm’s length basis; and

(e)

unless made under an arm’s length transaction —

(i)

no assets are transferred directly or indirectly to the company by any person who carried on a business in Singapore and whose income in relation to those assets was not or would not be (as the case may be), exempted from tax; and

(ii)

no shares in the company are transferred where such transfer would result in sub-paragraphs (a) and (b) being satisfied if, at any time prior to the transfer, the company was carrying on a business in Singapore which generated income that was not or would not be (as the case may be) exempted from tax.

Subregulation 2

For the purposes of paragraph (1)(a) and (b), where —

(a)

an individual beneficially owns (including by virtue of one or more applications of this paragraph) equity interests of a nominee company or another eligible family-owned investment holding company (referred to in this paragraph as a first level entity); and

(b)

the first level entity beneficially owns equity interests of another nominee company or another eligible family-owned investment holding company (referred to in this paragraph as a second level entity),then the individual is taken to beneficially own equity interests of the second level entity.