Singapore legislation

Regulation 5

of Income Tax (Tax Incentives for Partnerships) Regulations 2012

Regulation 5

Application of section 13G

Amended byS 629/2019 wef 29/12/2016S 312/2024 wef 19/02/2020S 312/2024 wef 31/12/2021S 629/2019 wef 01/01/2014S 312/2024 wef 31/12/2021S 312/2024 wef 31/12/2021S 629/2019 wef 29/12/2016S 312/2024 wef 31/12/2021S 629/2019 wef 17/09/2019S 312/2024 wef 19/02/2020S 312/2024 wef 19/02/2020S 312/2024 wef 19/02/2020S 312/2024 wef 31/12/2021S 312/2024 wef 31/12/2021S 629/2019 wef 17/09/2019S 312/2024 wef 19/02/2020S 312/2024 wef 31/12/2021S 312/2024 wef 19/02/2020S 312/2024 wef 31/12/2021

Subregulation 1

Amended byS 629/2019 wef 29/12/2016S 312/2024 wef 19/02/2020S 312/2024 wef 31/12/2021

Section 13G shall apply to the share of divisible income of a partner of an approved partnership derived from making any authorised investment as it applies to the income of an approved venture company derived from making any authorised investment, with the modifications and exceptions set out in this regulation.

Subregulation 2

Amended byS 629/2019 wef 01/01/2014S 312/2024 wef 31/12/2021S 312/2024 wef 31/12/2021S 629/2019 wef 29/12/2016S 312/2024 wef 31/12/2021

For the purpose of paragraph (1) —

(a)

any reference in section 13G(6) and (7) to an approved venture company is a reference to a partner of an approved partnership;

(b)

any reference in section 13G(15) to an approved venture company is a reference to an approved partnership; and

(c)

paragraphs (3), (4) and (8) apply instead of section 13G(4) and (5).

Subregulation 3

Amended byS 629/2019 wef 17/09/2019S 312/2024 wef 19/02/2020S 312/2024 wef 19/02/2020S 312/2024 wef 19/02/2020S 312/2024 wef 31/12/2021

In determining the share of divisible income of a partner of an approved partnership derived from making any authorised investment for any year of assessment (referred to in this paragraph as the “share”) to be exempt from tax under regulations made under section 13G, there shall be deducted therefrom —

(a)

any expenses in respect of such authorised investment of the approved partnership, allowable under the Act for that year of assessment which is apportioned to that share;

(b)

any loss of the approved partnership for that year of assessment arising from the disposal of any authorised investment in Singapore or elsewhere which is apportioned to that share;

(c)

any allowances for that year of assessment under section 19, 19A, 20, 21 or 22 which are apportioned to that share notwithstanding that no claim for the allowance has been made; and

(d)

any balance of the expenses, losses and allowances referred to in sub-paragraphs (a), (b) and (c) which have not been deducted in determining the share of divisible income of the partner from making any authorised investment for any previous year of assessment.

Subregulation 4

Amended byS 312/2024 wef 31/12/2021S 629/2019 wef 17/09/2019S 312/2024 wef 19/02/2020S 312/2024 wef 31/12/2021

Any expenses, allowances or losses referred to in paragraph (3) which are apportioned to the share of divisible income of a partner of an approved partnership derived from making any authorised investment —

(a)

shall only be deducted against the income of the partner that is exempt from tax under regulations made under section 13G; and

(b)

shall not be available as a deduction against any other income of the partner, except that any balance of the expenses, allowances or losses remaining unabsorbed at the end of the period specified under section 13G(2A) shall be available as a deduction against any other income of the partner for the year of assessment which relates to the basis period in which the tax exemption ceases and for any subsequent year of assessment in accordance with section 23 or 37, as the case may be.

Subregulation 5

[Deleted by S 629/2019 wef 29/12/2016]

Subregulation 6

[Deleted by S 629/2019 wef 29/12/2016]

Subregulation 7

[Deleted by S 629/2019 wef 29/12/2016]

Subregulation 8

Amended byS 312/2024 wef 19/02/2020S 312/2024 wef 31/12/2021

In this regulation, “authorised investment” and “venture company” have the meanings given by section 13G.