/akn/sg/act/sub_leg/1947/ITA-S136-2009

Income Tax (Concessionary Rate of Tax for Approved Insurance Brokers) Regulations 2009

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Type
Subsidiary Legislation
Status
In force
Enacted
1947
Sections
7

Quick answer

About this subsidiary legislation

Income Tax (Concessionary Rate of Tax for Approved Insurance Brokers) Regulations 2009 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation ITA-S136-2009 1947, currently marked in force and first recorded in 1947.

Regulation 1

Citation and commencement

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These Regulations may be cited as the Income Tax (Concessionary Rate of Tax for Approved Insurance Brokers) Regulations 2009 and shall be deemed to have come into operation on 1st April 2008.

Regulation 2

Definitions

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Amended byS 494/2021 wef 01/07/2021S 931/2022 wef 02/12/2019S 494/2021 wef 01/07/2021S 931/2022 wef 31/12/2021S 494/2021 wef 01/07/2021S 931/2022 wef 31/12/2021S 494/2021 wef 01/07/2021S 494/2021 wef 01/07/2021S 931/2022 wef 31/12/2021S 494/2021 wef 01/07/2021S 494/2021 wef 01/07/2021S 143/2015 wef 20/03/2015S 494/2021 wef 01/07/2021

In these Regulations —[Deleted by S 494/2021 wef 01/07/2021]“advisory service” means any risk advisory service, or other advisory service relating to any insurance policy;“approved insurance broker” means a company that is a direct insurance broker, general reinsurance broker or life reinsurance broker approved by the Minister or such person as the Minister may appoint;“direct insurer” has the meaning given by section 2 of the Insurance Act 1966;“direct life insurer” means a direct insurer licensed under section 11 of the Insurance Act 1966 to carry on life business;“insurance broking” means direct insurance broking or reinsurance broking;“insurance broking services” means the services of direct insurance broking or reinsurance broking, or both;“life business” has the meaning given by section 3(1)(a) of the Insurance Act 1966;“risk advisory services” means the design, structuring, modelling and implementation of any risk management programme using an insurance policy;[Deleted by S 8/2019 wef 01/04/2018]“specified person” means —

(a)

[Deleted by S 494/2021 wef 01/07/2021](b)in relation to the provision of insurance broking from which commission and fee income is derived by an approved insurance broker during the period from 1 April 2013 to 30 June 2021 (both dates inclusive), any insured person or person seeking insurance coverage for offshore risks; and

(c)

in relation to the provision of advisory services from which commission and fee income is derived by an approved insurance broker before 1 July 2021, any person —

(i)

who is not resident in Singapore and who does not have a permanent establishment in Singapore; or

(ii)

who is not resident in Singapore and who carries on any operation in Singapore through a permanent establishment in Singapore where the funds used by that person to finance the service fees paid or payable to the approved insurance broker are not obtained, directly or indirectly, from the operation.

Definition

“advisory service” means any risk advisory service, or other advisory service relating to any insurance policy;

Amended byS 494/2021 wef 01/07/2021
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Definition

“approved insurance broker” means a company that is a direct insurance broker, general reinsurance broker or life reinsurance broker approved by the Minister or such person as the Minister may appoint;

Amended byS 931/2022 wef 02/12/2019
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Definition

“direct insurer” has the meaning given by section 2 of the Insurance Act 1966;

Amended byS 494/2021 wef 01/07/2021S 931/2022 wef 31/12/2021
Suggest a correction

Definition

“direct life insurer” means a direct insurer licensed under section 11 of the Insurance Act 1966 to carry on life business;

Amended byS 494/2021 wef 01/07/2021S 931/2022 wef 31/12/2021
Suggest a correction

Definition

“insurance broking” means direct insurance broking or reinsurance broking;

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Definition

“insurance broking services” means the services of direct insurance broking or reinsurance broking, or both;

Amended byS 494/2021 wef 01/07/2021
Suggest a correction

Definition

“life business” has the meaning given by section 3(1)(a) of the Insurance Act 1966;

Amended byS 494/2021 wef 01/07/2021S 931/2022 wef 31/12/2021
Suggest a correction

Definition

“risk advisory services” means the design, structuring, modelling and implementation of any risk management programme using an insurance policy;

Amended byS 494/2021 wef 01/07/2021
Suggest a correction

Definition

“specified person” means —

(a)

[Deleted by S 494/2021 wef 01/07/2021](b)in relation to the provision of insurance broking from which commission and fee income is derived by an approved insurance broker during the period from 1 April 2013 to 30 June 2021 (both dates inclusive), any insured person or person seeking insurance coverage for offshore risks; and

(c)

in relation to the provision of advisory services from which commission and fee income is derived by an approved insurance broker before 1 July 2021, any person —

(i)

who is not resident in Singapore and who does not have a permanent establishment in Singapore; or

(ii)

who is not resident in Singapore and who carries on any operation in Singapore through a permanent establishment in Singapore where the funds used by that person to finance the service fees paid or payable to the approved insurance broker are not obtained, directly or indirectly, from the operation.

Amended byS 494/2021 wef 01/07/2021S 143/2015 wef 20/03/2015S 494/2021 wef 01/07/2021
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Regulation 2A

Application

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Amended byS 609/2017 wef 01/06/2017

These Regulations apply to an approved insurance broker that is approved as such before 1 June 2017.

Regulation 3

Period of concession

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Amended byS 931/2022 wef 31/12/2021

The Minister, or such person as he may appoint, may approve any insurance broker for the purposes of section 43R of the Act for such period not exceeding 10 years as he may specify.

Regulation 4

Concessionary rate of tax for income derived before 1 July 2021 of approved insurance broker

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Amended byS 8/2019 wef 01/04/2018S 494/2021 wef 01/07/2021

Subregulation 1

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Amended byS 8/2019 wef 01/04/2018S 494/2021 wef 01/07/2021

Tax is payable at the rate of 10% on the commission and fee income derived by an approved insurance broker before 1 July 2021 from the provision of insurance broking or advisory services to a specified person.

Subregulation 2

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[Deleted by S 8/2019 wef 01/04/2018]

Regulation 4A

Concessionary rate of tax for income derived on or after 1 July 2021 of approved insurance broker

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Amended byS 494/2021 wef 01/07/2021

Subregulation 1

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Tax is payable at the rate of 10% on the commissions and fees derived by an approved insurance broker on or after 1 July 2021 from the provision of either or both of the following services that do not relate to any insurance in paragraph (2):

(a)

insurance broking services;

(b)

advisory services.

Subregulation 2

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For the purposes of paragraph (1), the insurance is —

(a)

an insurance under a direct stand-alone policy; or

(b)

an insurance against any risk underwritten by a direct life insurer in the course of carrying on its life business.

Subregulation 3

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Amended byS 494/2021 wef 01/07/2021

In paragraph (2)(a), “direct stand-alone policy” means a direct insurance policy that a person purchases to cover one or more of the following risks (and not any other risk):

(a)

fire risk;

(b)

motor risk;

(c)

work injury compensation risk;

(d)

personal accident risk;

(e)

health risk.

Regulation 5

Determination of income chargeable to tax

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Amended byS 494/2021 wef 01/07/2021

For the purposes of regulations 4 and 4A, the Comptroller shall determine —

(a)

the income chargeable to tax of an approved insurance broker having regard to such expenses, capital allowances and donations allowable under the Act as are, in his opinion, to be deducted in ascertaining such income; and

(b)

the manner and extent to which any losses arising from the insurance broking and advisory services specified in regulations 4 and 4A may be deducted under section 37(3) of the Act in ascertaining the chargeable income of the approved insurance broker.

Common questions

What is Income Tax (Concessionary Rate of Tax for Approved Insurance Brokers) Regulations 2009?
Income Tax (Concessionary Rate of Tax for Approved Insurance Brokers) Regulations 2009 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation ITA-S136-2009 1947, currently marked in force and first recorded in 1947.
Is Income Tax (Concessionary Rate of Tax for Approved Insurance Brokers) Regulations 2009 still in force?
Yes — Income Tax (Concessionary Rate of Tax for Approved Insurance Brokers) Regulations 2009 is currently in force.
When did Income Tax (Concessionary Rate of Tax for Approved Insurance Brokers) Regulations 2009 take effect?
Income Tax (Concessionary Rate of Tax for Approved Insurance Brokers) Regulations 2009 was first recorded in 1947.
How many regulations does Income Tax (Concessionary Rate of Tax for Approved Insurance Brokers) Regulations 2009 have?
Income Tax (Concessionary Rate of Tax for Approved Insurance Brokers) Regulations 2009 contains 7 regulations.
Where can I read the official version of Income Tax (Concessionary Rate of Tax for Approved Insurance Brokers) Regulations 2009?
The official text of Income Tax (Concessionary Rate of Tax for Approved Insurance Brokers) Regulations 2009 is published at sso.agc.gov.sg.