Singapore legislation
Regulation 5A
Regulation 5A
Income derived before 1 July 2021 of approved captive insurer exempt from tax
Subregulation 1
There shall be exempt from tax the following income derived before 1 July 2021 by an approved captive insurer (including one who is also an approved insurer) whose approval is granted before 1 June 2017, in a basis period for any year of assessment that ends at any time before 5 August 2014:
income derived from accepting offshore life insurance as computed in accordance with section 26(7)(a)(i) of the Act, excluding —
amounts derived from offshore life policies covering third parties which are not underwritten in the course of, nor incidental to, its captive insurance business; and
the investment income and gains or profits derived from the sale of investments and other income, whether derived from Singapore or elsewhere, of any life insurance fund established under the Insurance Act 1966 relating to offshore life policies;
such part of the income referred to in regulation 4(1)(b) as is ascertained by the formula —where Pcis the amount of the gross premiums received or receivable during the basis period in respect of offshore life policies underwritten by the approved captive insurer in the course of carrying on its offshore captive insurance business in Singapore (excluding amounts received or receivable in respect of offshore life policies covering third parties which are not underwritten in the course of, nor incidental to, its captive insurance business);Pohas the same meaning as in regulation 5(1), with the reference to the approved insurer in that provision modified to refer to the approved captive insurer; andAis the total amount of the income referred to in regulation 4(1)(b) of the approved captive insurer for the basis period less any expenses directly attributable to the production of such income allowable under the Act.
Subregulation 1A
The income mentioned in paragraph (1)(a) and (b), that is derived by an approved captive insurer (including one who is also an approved insurer) whose approval is granted before 1 June 2017, in a basis period for any year of assessment other than one mentioned in paragraph (1), is exempt from tax if —
in the case of a basis period that commences on or after 5 August 2014, the requirement in paragraph (1B) is satisfied at all times during that basis period; or
in the case of a basis period in which 5 August 2014 falls (but not one whose commencement date is that date), the requirement in paragraph (1B) is satisfied at all times between 5 August 2014 and the last day of that basis period (both dates inclusive).
Subregulation 1B
The requirement mentioned in paragraph (1A) is that all the functions in the following sub‑paragraphs are undertaken by the approved captive insurer, by a company incorporated in Singapore, or by personnel located in Singapore who are employed by a company incorporated outside Singapore:
either or both of the following:
ensuring compliance with any requirement or any direction, notice or other document issued under the Insurance Act 1966;
ensuring compliance with any requirement or any direction, notice or other document issued under the Monetary Authority of Singapore Act 1970;
ensuring compliance with any requirement relating to financial accounting, auditing and reporting under the Companies Act 1967;
the day-to-day management of the approved captive insurer’s business.
Subregulation 2
Where the Comptroller is satisfied that any part of the insurance fund or the shareholders’ funds referred to in regulation 4(1)(b) of the approved captive insurer (including one who is also an approved insurer) is not required to support the offshore captive insurance business of such insurer, he may adopt such reduced amount of the income under paragraph (1)(b) as appears to him to be reasonable in the circumstances.