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Modification or exception to section 43F of Act (Concessionary rate of tax for offshore leasing of machinery and plant)

Income Tax (Amalgamation of Companies) Regulations 2011

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—(1) Where —(a)an amalgamated company is a leasing company; and(b)all of the amalgamating companies that are leasing companies have elected under section 43F(6) of the Act for their respective incomes accruing in or derived from Singapore in respect of offshore leasing of their respective machinery or plant to be taxed at the rate prescribed by section 43(1)(a) of the Act,then the income of the amalgamated company that accrues in or is derived from Singapore in respect of offshore leasing of its machinery or plant shall be taxed at the rate prescribed by section 43(1)( a) of the Act as if the amalgamated company had made an election under section 43F(6) of the Act for the same.(2) Where —(a)an amalgamated company is a leasing company; and(b)one or more, but not all, of the amalgamating companies that are leasing companies have elected under section 43F(6) of the Act for their respective incomes accruing in or derived from Singapore in respect of all offshore leasing of their respective machinery or plant to be taxed at the rate prescribed by section 43(1)(a) of the Act,then the concessionary rate of tax under section 43F of the Act of the income of the amalgamated company accruing in or derived from Singapore in respect of offshore leasing of its machinery or plant shall not be affected by any such election made by any amalgamating company.(3) If the amalgamated company wishes for its income that accrues in or is derived from Singapore in respect of offshore leasing of its machinery or plant to be taxed at the rate prescribed by section 43(1)(a) of the Act, the amalgamated company shall make an election for the same under section 43F(6) of the Act no later than the time it furnishes a return of income to the Comptroller for the year of assessment relating to the basis period in which the date of amalgamation falls.

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