Singapore legislation

Regulation 5D

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

Regulation 5D

Concessionary rates of tax for income derived before 1 July 2021 of approved specialised insurer

Amended byS 612/2017 wef 01/06/2017S 492/2021 wef 01/07/2021S 612/2017 wef 01/06/2017S 492/2021 wef 01/07/2021S 612/2017 wef 01/06/2017S 601/2017 wef 01/04/2016S 492/2021 wef 01/07/2021

Subregulation 1

Amended byS 612/2017 wef 01/06/2017S 492/2021 wef 01/07/2021

Tax is payable at the rate of 5% on the income specified in paragraph (4) that is derived before 1 July 2021 by an approved specialised insurer in a basis period for any year of assessment, if the insurer’s approval is granted between 1 September 2016 and 31 May 2017 (both dates inclusive), and the insurer had not been approved as such at any time before the date of the approval.

Subregulation 2

[Deleted by S 612/2017 wef 01/06/2017]

Subregulation 3

Amended byS 612/2017 wef 01/06/2017S 492/2021 wef 01/07/2021

Tax is payable at the rate of 10% on the income specified in paragraph (4) that is derived before 1 July 2021 by an approved specialised insurer in a basis period for any year of assessment, if the insurer’s approval is granted between 1 September 2016 and 31 May 2017 (both dates inclusive), and the insurer had been approved as such at any time before the date of the firstmentioned approval.

Subregulation 4

Amended byS 612/2017 wef 01/06/2017

For the purposes of paragraphs (1) and (3), the income is as follows:

(a)

the underwriting income derived from carrying on qualifying specialised insurance business;

(b)

an amount of income derived from carrying on qualifying specialised insurance business ascertained by the formula —where —

(i)

Po, Pi, A and B have the same meanings as in regulation 5B(1)(b), with the reference to the approved marine hull and liability insurer substituted with the reference to the approved specialised insurer;

(ii)

Ps is the amount of the gross premiums received or receivable during the basis period in respect of policies underwritten by the approved specialised insurer in the course of carrying on its offshore qualifying specialised insurance business; and

(iii)

Pt is the amount of the gross premiums received or receivable during the basis period in respect of policies underwritten by the approved specialised insurer in the course of carrying on its qualifying specialised insurance business (other than offshore qualifying specialised insurance business).

Subregulation 5

For the purposes of paragraph (4), where the Comptroller is satisfied that any part of the insurance fund or shareholders’ funds of the approved specialised insurer (being the fund or funds mentioned in regulation 5(1)(b) the income in relation to which is used to determine the value of “A” in regulation 5B(1)(b) (as applied by paragraph (4)(b)(i))) is not required to support the qualifying specialised insurance business of the insurer, the Comptroller may adopt such reduced amount of “A” as appears to the Comptroller to be reasonable in the circumstances.

Subregulation 6

For the purposes of paragraph (4), where the Comptroller is satisfied that any part of the insurance fund or shareholders’ funds of the approved specialised insurer (being the fund or funds mentioned in the definition of “B” in regulation 5B(1)(b) (as applied by paragraph (4)(b)(i))) is not required to support the qualifying specialised insurance business of the insurer, the Comptroller may adopt such reduced amount of “B” as appears to the Comptroller to be reasonable in the circumstances.

Subregulation 7

Amended byS 601/2017 wef 01/04/2016S 492/2021 wef 01/07/2021

For the purposes of the definitions of “Ps” and “Pt” in paragraph (4)(b)(ii) and (iii), a policy for a risk arising from a natural catastrophe underwritten by the approved specialised insurer is regarded as a policy underwritten by the insurer in the course of carrying on its offshore qualifying specialised insurance business or qualifying specialised insurance business (other than offshore qualifying specialised insurance business), as the case may be, if and only if it is a catastrophe excess of loss policy.