/akn/sg/act/sub_leg/1947/ITA-S769-2024

Income Tax (Payment by Bank in Singapore to Bank outside Singapore — Section 13(4) Exemption) Notification 2024

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Type
Subsidiary Legislation
Status
In force
Enacted
1947
Sections
3

Quick answer

About this subsidiary legislation

Income Tax (Payment by Bank in Singapore to Bank outside Singapore — Section 13(4) Exemption) Notification 2024 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation ITA-S769-2024 1947, currently marked in force and first recorded in 1947.

Regulation 1

Citation and commencement

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This Notification is the Income Tax (Payment by Bank in Singapore to Bank outside Singapore — Section 13(4) Exemption) Notification 2024 and is deemed to have come into operation on 1 April 2021.

Regulation 2

Definitions

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Amended byS 770/2024 wef 31/12/2021S 770/2024 wef 31/12/2021S 770/2024 wef 01/07/2021

In this Notification —“bank in Singapore” means —

(a)

a bank that holds a licence granted under section 7 or 79 of the Banking Act 1970; or

(b)

a merchant bank that holds a merchant bank licence, or is treated as having been granted a merchant bank licence, under the Banking Act 1970;“bank outside Singapore” means a financial institution that is licensed or approved (or exempt from licensing or approval) to carry on banking business outside Singapore, by a financial supervisory authority of the jurisdiction in which it carries on its banking business;“qualifying payment” means any income referred to in section 12(6) of the Act.

Definition

“bank in Singapore” means —

(a)

a bank that holds a licence granted under section 7 or 79 of the Banking Act 1970; or

(b)

a merchant bank that holds a merchant bank licence, or is treated as having been granted a merchant bank licence, under the Banking Act 1970;

Amended byS 770/2024 wef 31/12/2021S 770/2024 wef 31/12/2021S 770/2024 wef 01/07/2021
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Definition

“bank outside Singapore” means a financial institution that is licensed or approved (or exempt from licensing or approval) to carry on banking business outside Singapore, by a financial supervisory authority of the jurisdiction in which it carries on its banking business;

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Definition

“qualifying payment” means any income referred to in section 12(6) of the Act.

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Regulation 3

Exemption

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Amended byS 770/2024 wef 04/11/2022S 770/2024 wef 04/11/2022S 770/2024 wef 03/10/2024S 770/2024 wef 03/10/2024

Subregulation 1

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Amended byS 770/2024 wef 04/11/2022S 770/2024 wef 04/11/2022S 770/2024 wef 03/10/2024

Subject to sub‑paragraphs (2), (3) and (4), where a qualifying payment is made by a bank in Singapore to a bank outside Singapore, the qualifying payment is exempt from tax if the qualifying payment —

(a)

is liable to be made at any time during the period from 1 April 2021 to 31 December 2031 (both dates inclusive) under —

(i)

a contract which took effect before 1 April 2021;

(ii)

a contract which was extended or renewed, where the extension or renewal took effect before 1 April 2021; or

(iii)

a debt security which was issued before 1 April 2021; (b)is liable to be made under a contract which takes effect on a date which falls within the period from 1 April 2021 to 31 December 2031 (both dates inclusive);

(c)

is liable to be made —

(i)

under a contract which is extended or renewed, where the extension or renewal takes effect on a date which falls within the period from 1 April 2021 to 31 December 2031 (both dates inclusive); and

(ii)

on or after the date on which the extension or renewal takes effect; (ca)is liable to be made —

(i)

under a contract which is varied, where the variation takes effect on a date which falls within the period from 4 November 2022 to 31 December 2031 (both dates inclusive); and

(ii)

on or after the date on which the variation takes effect; or

(d)

is liable to be made under a debt security which is issued on a date which falls within the period from 1 April 2021 to 31 December 2031 (both dates inclusive).

Subregulation 2

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The exemption in sub‑paragraph (1) only applies —

(a)

if the bank outside Singapore is not resident in Singapore and does not have a permanent establishment in Singapore; or (b)if the bank outside Singapore is not resident in Singapore and carries on an operation in Singapore through a permanent establishment in Singapore, and —

(i)

the contract under which the qualifying payment is made is not entered into through that operation; or

(ii)

the debt security under which the qualifying payment is made is not acquired by the bank outside Singapore through that operation.

Subregulation 3

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The exemption in sub‑paragraph (1) does not apply to any qualifying payment made by a bank in Singapore in connection with an arrangement mentioned in section 33(1) of the Act.

Subregulation 4

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Amended byS 770/2024 wef 03/10/2024

The exemption in sub-paragraph (1) does not apply to any qualifying payment liable to be made —

(a)

under a contract mentioned in sub-paragraph (1)(b), (c) or (ca), that is varied with effect from a date on or after 1 January 2032; and

(b)

on or after the date on which the variation takes effect.

Common questions

What is Income Tax (Payment by Bank in Singapore to Bank outside Singapore — Section 13(4) Exemption) Notification 2024?
Income Tax (Payment by Bank in Singapore to Bank outside Singapore — Section 13(4) Exemption) Notification 2024 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation ITA-S769-2024 1947, currently marked in force and first recorded in 1947.
Is Income Tax (Payment by Bank in Singapore to Bank outside Singapore — Section 13(4) Exemption) Notification 2024 still in force?
Yes — Income Tax (Payment by Bank in Singapore to Bank outside Singapore — Section 13(4) Exemption) Notification 2024 is currently in force.
When did Income Tax (Payment by Bank in Singapore to Bank outside Singapore — Section 13(4) Exemption) Notification 2024 take effect?
Income Tax (Payment by Bank in Singapore to Bank outside Singapore — Section 13(4) Exemption) Notification 2024 was first recorded in 1947.
How many regulations does Income Tax (Payment by Bank in Singapore to Bank outside Singapore — Section 13(4) Exemption) Notification 2024 have?
Income Tax (Payment by Bank in Singapore to Bank outside Singapore — Section 13(4) Exemption) Notification 2024 contains 3 regulations.
Where can I read the official version of Income Tax (Payment by Bank in Singapore to Bank outside Singapore — Section 13(4) Exemption) Notification 2024?
The official text of Income Tax (Payment by Bank in Singapore to Bank outside Singapore — Section 13(4) Exemption) Notification 2024 is published at sso.agc.gov.sg.