/akn/sg/act/sub_leg/1967/EEIRITA-S269-2018

Economic Expansion Incentives (Relief from Income Tax) (Intellectual Property Income) Regulations 2018

The full official text, structured for quick navigation. Copy any provision or jump straight to a section.

Type: Subsidiary Legislation
Status: In force
Enacted: 1967
Sections: 3

Quick answer

About this subsidiary legislation

Economic Expansion Incentives (Relief from Income Tax) (Intellectual Property Income) Regulations 2018 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation EEIRITA-S269-2018 1967, currently marked in force and first recorded in 1967.

Regulation 1

Citation and commencement

These Regulations are the Economic Expansion Incentives (Relief from Income Tax) (Intellectual Property Income) Regulations 2018 and come into operation on 4 May 2018.

Regulation 2

Definitions

Subregulation 1

In these Regulations —

Definition

“existing intellectual property right”, in relation to a pioneer service company or a development and expansion company, means an intellectual property right that comes into the ownership of the company before 1 July 2018, and is not a right mentioned in paragraph (b) of the definition of “new intellectual property right”;

Definition

“intellectual property right” means a right conferred by any patent, copyright, trade mark, registered design, geographical indication, layout‑design of integrated circuit or the grant of protection of a plant variety;

Definition

“new intellectual property right”, in relation to a pioneer service company or a development and expansion company, means an intellectual property right that —

(a)

comes into the ownership of the company on or after 1 July 2018; or

(b)

comes into the ownership of the company after 16 October 2017 but before 1 July 2018 as a result of an acquisition by the company, directly or indirectly, from a related party, where the main purpose or one of the main purposes of the acquisition is to avoid income tax in Singapore or elsewhere.

Subregulation 2

For the purposes of these Regulations, a pioneer service company or a development and expansion company owns an intellectual property right if the company is the owner of the right or a grantee of a licence to the right.

Subregulation 3

For the purposes of these Regulations, royalties or other income is derived from an intellectual property right if it is receivable as consideration for the commercial exploitation of that right.

Subregulation 4

For the purposes of these Regulations, a person (X) is a related party of a pioneer service company or a development and expansion company (Y) if —

(a)

X, directly or indirectly, controls Y;

(b)

Y, directly or indirectly, controls X; or

(c)

X and Y are, directly or indirectly, controlled by a common person.

Regulation 3

Prescribed intellectual property income

Subregulation 1

The intellectual property income prescribed for the purposes of section 3 of the Act is —

(a)

for a pioneer service company or a development and expansion company that is approved as such before 1 July 2018 —

(i)

subject to sub-paragraph (ii), royalties and other income derived on or after 1 July 2018 but before 1 July 2021, from new intellectual property rights, but not from existing intellectual property rights, that the company owns;

(ii)

where the company is given, on or after 1 July 2018, an extension of its tax relief period, royalties and other income derived on or after the first day of the extension from all intellectual property rights that the company owns; and

(iii)

royalties and other income derived on or after 1 July 2021 from all intellectual property rights that the company owns; and

(b)

for a pioneer service company or a development and expansion company that is approved as such on or after 1 July 2018, royalties and other income derived on or after the first day of the tax relief period (or if there is more than one tax relief period, the period commencing first) under the approval, from all intellectual property rights that the company owns.

Subregulation 2

For the purposes of paragraph (1)(a)(i), where it is unclear whether any royalties or other income is derived from new intellectual property rights or existing intellectual property rights, then the Schedule applies for the purpose of determining whether it is derived from one or the other.

Common questions

What is Economic Expansion Incentives (Relief from Income Tax) (Intellectual Property Income) Regulations 2018?: Economic Expansion Incentives (Relief from Income Tax) (Intellectual Property Income) Regulations 2018 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation EEIRITA-S269-2018 1967, currently marked in force and first recorded in 1967.
Is Economic Expansion Incentives (Relief from Income Tax) (Intellectual Property Income) Regulations 2018 still in force?: Yes — Economic Expansion Incentives (Relief from Income Tax) (Intellectual Property Income) Regulations 2018 is currently in force.
When did Economic Expansion Incentives (Relief from Income Tax) (Intellectual Property Income) Regulations 2018 take effect?: Economic Expansion Incentives (Relief from Income Tax) (Intellectual Property Income) Regulations 2018 was first recorded in 1967.
How many regulations does Economic Expansion Incentives (Relief from Income Tax) (Intellectual Property Income) Regulations 2018 have?: Economic Expansion Incentives (Relief from Income Tax) (Intellectual Property Income) Regulations 2018 contains 3 regulations.
Where can I read the official version of Economic Expansion Incentives (Relief from Income Tax) (Intellectual Property Income) Regulations 2018?: The official text of Economic Expansion Incentives (Relief from Income Tax) (Intellectual Property Income) Regulations 2018 is published at sso.agc.gov.sg.