Singapore legislation

Regulation 11

of Income Tax (International Tax Compliance Agreements) (United States of America) Regulations 2015

Regulation 11

Identification and disclosure obligations

Amended byS 717/2020 wef 01/01/2021

Subregulation 1

A reporting Singaporean financial institution must establish and maintain arrangements that are designed to identify payments which are made —

(a)

in the calendar years 2015 and 2016; and

(b)

by the institution to non‑participating financial institutions.

Subregulation 2

Paragraph (1) applies only where the payment is made to a non‑participating financial institution as an account holder.

Subregulation 3

In this regulation, “payment” includes amounts credited to a financial account of a non‑participating financial institution.

Subregulation 4

A reporting Singaporean financial institution is entitled to regard a payment made by the institution to a financial institution as made to someone who is not a non‑participating financial institution only if it has, in respect of the payment, taken the steps referred to in paragraph D(3) of Section IV of Annex I to the Agreement.

Subregulation 5

In paragraphs (1) to (4), “non‑participating financial institution” includes anyone who is required to be treated as a non‑participating financial institution as a result of paragraph 5(a) of Article 4 of the Agreement.

Subregulation 6

A reporting Singaporean financial institution that comes within the terms of sub‑paragraph (e) of paragraph 1 of Article 4 of the Agreement must make a disclosure of information in accordance with the requirements of that sub‑paragraph.

Subregulation 6A

Amended byS 717/2020 wef 01/01/2021

Paragraph (6) does not apply to information concerning any payment mentioned in sub‑paragraph (e) of paragraph 1 of Article 4 of the Agreement that is made on or after 1 January 2021.

Subregulation 7

A breach of paragraph (1) or (6) is an offence for the purposes of section 105M of the Act.

Regulation 11 — Income Tax (International Tax Compliance Agreements) (United States of America) Regulations 2015