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Contents  

Long Title

Part I PRELIMINARY

Part II ADMINISTRATION

Part III IMPOSITION OF INCOME TAX

Part IV EXEMPTION FROM INCOME TAX

Part V DEDUCTIONS AGAINST INCOME

Part VI CAPITAL ALLOWANCES

Part VII ASCERTAINMENT OF CERTAIN INCOME

Part VIII ASCERTAINMENT OF STATUTORY INCOME

Part IX ASCERTAINMENT OF ASSESSABLE INCOME

Part X ASCERTAINMENT OF CHARGEABLE INCOME AND PERSONAL RELIEFS

Part XI RATES OF TAX

Part XII DEDUCTION OF TAX AT SOURCE

Part XIII ALLOWANCES FOR TAX CHARGED

Part XIV RELIEF AGAINST DOUBLE TAXATION

Part XV PERSONS CHARGEABLE

Husband and wife

Trustees, agents and curators

Part XVI RETURNS

Part XVII ASSESSMENTS AND OBJECTIONS

Part XVIII APPEALS

Part XIX COLLECTION, RECOVERY AND REPAYMENT OF TAX

Part XX OFFENCES AND PENALTIES

Part XXI MISCELLANEOUS

FIRST SCHEDULE Institution, Authority, Person or Fund Exempted

SECOND SCHEDULE Rates of Tax

THIRD SCHEDULE Repealed

FOURTH SCHEDULE Name of Bond, Securities, Stock or Fund

FIFTH SCHEDULE Child Relief

SIXTH SCHEDULE Number of Years of Working Life of Asset

SEVENTH SCHEDULE Advance Rulings

Legislative History

Comparative Table

Comparative Table

 
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On 21/10/2017, you requested the version in force on 01/01/2008 incorporating all amendments published on or before 01/01/2008.
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PART XII
DEDUCTION OF TAX AT SOURCE
Deduction of tax from dividends of companies
44.
—(1)  Every company resident in Singapore which —
(a)
has paid dividend to any shareholder before 1st January 2003;
(b)
has paid dividend to any shareholder at any time during the period from 1st January 2003 to 31st March 2003, and before paying the dividend, has not exercised an option under subsection (10); or
(c)
at any time during the period from 1st April 2003 to 31st December 2007 —
(i)
has paid dividend to any shareholder;
(ii)
has a 44A balance of the company remaining on the day before the date of payment of the dividend after taking into account the tax assessed to be added to the 44A balance under section 44A(5); and
(iii)
before paying the dividend, has not exercised an option under subsection (10),
shall be entitled to deduct from the amount of dividend paid, tax at the relevant rate on every dollar of such dividend.
[37/2002; 21/2003]
(2)  Every company shall upon payment of a dividend from which tax has been deducted or is deductible, furnish each shareholder with a certificate setting forth the amount of the dividend paid to that shareholder and the amount of tax which the company has deducted or is entitled to deduct in respect of that dividend; and where a dividend is deemed to have been received by a shareholder under section 10J(4)(b), such certificate shall also specify that the dividend is in respect of a share buyback through a special trading counter.
[24/2000; 21/2003]
(3)  The Minister may, if he is satisfied that it is expedient in the public interest to do so, authorise the Comptroller to pay a company to which subsection (1) applies in respect of such classes of its shareholders as the Minister may designate, a sum equal to the amount of tax which the designated company would be entitled to deduct under subsection (1) from dividends to be paid to the designated shareholders so as to enable the designated company to pay the dividends to those shareholders as if no tax had been deducted under that subsection.
[32/95; 21/2003]
(4)  Upon payment of a dividend by a company in any year of assessment before the year of assessment 2003 under subsection (1)(a) —
(a)
where such dividend is the first dividend paid in that year of assessment and where the amount of tax deducted under subsection (1)(a) exceeds the aggregate of the balance, if any, on 1st January of that year of assessment and any tax assessed during the period from 1st January of that year of assessment to the day before the date of payment of the dividend; or
(b)
where such dividend is the second or subsequent dividend paid in that year of assessment and where the amount of tax deducted under subsection (1)(a) exceeds the aggregate of the balance, if any, after the preceding dividend and any tax assessed during the period from the date of the payment of the preceding dividend to the day before the date of payment of the second or subsequent dividend,
a charge equal to the amount of such excess shall be paid to the Comptroller within 14 days from the date of payment of the dividend, and any amount of tax which remains unpaid on that date shall, notwithstanding section 85, be paid immediately to the Comptroller.
[1/88; 37/2002]
(5)  Where upon the payment of any dividend under subsection (1)(a) the aggregate of the balance, if any, after the date of payment of the preceding dividend and any tax assessed during the period from that date to the day before the date of payment of the first-mentioned dividend exceeds the tax deducted under subsection (1)(a) from the first-mentioned dividend, the excess shall be carried forward as a balance to be set-off against the tax deducted from any ensuing dividend paid on or before 31st December 2002.
[1/88; 37/2002]
(6)  Upon payment of a dividend by a company during the period 1st January 2003 to 31st December 2007 from which tax has been deducted, whether the company is entitled to make the deduction or otherwise, the amount of tax deducted shall be deducted from the 44A balance of the company remaining on the day before the date of payment of the dividend, and in the event where the amount to be so deducted exceeds the said balance, a charge equal to the amount of such excess shall be paid to the Comptroller within 14 days from the date of payment of the dividend, and any amount of tax which remains unpaid on that date shall, notwithstanding section 85, be paid immediately to the Comptroller.
[37/2002]
(7)  Upon the payment of any dividend referred to in subsection (1)(b) or (c), the 44A balance of the company, after deducting the tax deducted from the dividend, if any, remaining on the date of payment of the dividend, shall be carried forward as a balance to be set-off against the tax deducted from any ensuing dividend paid on or before 31st December 2007 so long as the company has not exercised an irrevocable option under subsection (10).
[37/2002; 21/2003]
(8)  For the purpose of subsection (6), where a dividend is paid by a company which has not been subjected to the provisions of section 44 in force immediately before 1st January 2003, or which has exercised an option under subsection (10) before payment of the dividend, the 44A balance of the company remaining on the day before the date of payment of the dividend shall be deemed to be nil.
[37/2002; 21/2003]
(9)  Subject to subsection (11), every company resident in Singapore which —
(a)
whether has or has not, during the period from 1st January 2003 to 31st March 2003; or
(b)
has, during the period from 1st April 2003 to 31st December 2007,
a 44A balance and has paid dividend at any time during those periods shall deduct tax from the dividend as provided under subsection (1) unless otherwise provided in this Act or unless the company has exercised an irrevocable option under subsection (10).
[37/2002]
(10)  Any company to which subsection (9) applies may exercise an irrevocable option in writing not to deduct tax under subsection (1) and where such an option is made, the company shall not be entitled to deduct tax under subsection (1) upon the exercise of the option.
[37/2002; 21/2003]
(11)  Notwithstanding the exercise of an irrevocable option under subsection (10) by a company, section 44A shall continue to apply to the company.
[37/2002]
(12)  Where at any date during the period from 1st April 2003 to 31st December 2007 a company which is resident in Singapore has not exercised an option under subsection (10), and the 44A balance of the company is reduced to nil, the company shall not be entitled to deduct tax from dividends under subsection (1) so long as the balance remains as nil on or after that date.
[37/2002]
(13)  Where no charge is payable by a company under subsection (4) or (6) but the amount of tax deducted by the company under subsection (1) exceeds —
(a)
the aggregate amount as computed under subsection (4)(a) or (b) less any amount of tax assessed on the company but not paid; or
(b)
the amount as computed under subsection (6) less any amount of tax assessed on the company which formed part of the 44A balance of the company but not paid,
as the case may be, a sum equal to such excess shall be paid by the company to the Comptroller immediately on the date of payment of the dividend.
[37/2002]
(14)  On the payment of any dividend from which tax has been deducted or is deductible, every company shall render to the Comptroller a statement, in such form as the Comptroller may direct, containing such particulars as may be required for the purpose of determining the balance, the 44A balance or charge immediately after the payment of the dividend.
[1/88; 37/2002; 21/2003]
(15)  Without prejudice to subsection (14), within 3 months from the end of each year of assessment before the year of assessment 2008 or such longer period as the Comptroller may allow, every such company shall render to the Comptroller a statement, in such form as the Comptroller may direct, containing such particulars as may be required for the purpose of determining the balance or the 44A balance to be carried forward to the first day of the ensuing year of assessment.
[1/88; 3/89; 32/95; 37/2002]
(16)  Where any company has been convicted of an offence for failing to comply with subsection (15), the Comptroller may, by notice in writing, require the company to render to him, within such reasonable time as may be specified in the notice, the statement referred to in that subsection.
[28/92]
(17)  Any charge or additional charge paid by a company to the Comptroller under subsection (4) shall be used to set-off any tax assessed on it subsequent to the charge or additional charge but before 1st January 2008 and the amount of such tax to be taken into account for computing the charge or balance under subsection (4) or (5) shall be reduced by the amount of the set-off.
[1/88; 37/2002]
(18)  Any charge or additional charge paid by a company to the Comptroller under subsection (6) shall only be used to set-off any tax assessed on the estimated chargeable income for the year of assessment 2003 referred to in section 44A(5).
[37/2002]
(19)  If any charge or additional charge referred to in subsection (4) or (6) or section 44A(8) is not paid to the Comptroller within the period prescribed for the payment of the charge, section 87 shall have effect in relation to the charge or additional charge, and the provisions of this Act relating to the collection and recovery of tax shall apply to the collection and recovery of the charge or additional charge and penalties imposed thereon.
[37/2002]
(20)  For the purposes of this section —
(a)
subject to paragraph (b), where any dividend (other than any dividend paid by virtue of subsection (3)) has been paid under subsection (1) without deduction of tax, such dividend or part thereof, from which a company was entitled to deduct tax, shall be deemed to be a dividend of such a gross amount as after deduction of tax at the relevant rate applicable at the date of payment would be equal to the net amount paid; and a sum equal to the difference between such gross amount and the net amount paid shall be deemed to have been deducted from such dividend or part thereof as tax;
(b)
where any dividend has been paid and any amount of the charge referred to in subsection (4) or (6) or any amount of tax payable referred to in subsection (4), (6) or (13) is not paid within 14 days from the date of payment of that dividend or by 31st December of the year in which the dividend is paid, whichever is the later, the dividend shall be chargeable to tax on the basis of the net amount received by the shareholder;
(c)
in relation to any company, the balance on 1st January of any year of assessment before the year of assessment 2003 shall be the aggregate of —
(i)
the balance carried forward after the payment of the last dividend in the preceding year of assessment as computed in accordance with subsection (5); and
(ii)
any tax assessed during the period from the date of the payment of that dividend to the end of the preceding year of assessment;
(d)
in determining under subsection (4), (6) or (13) the amount of tax assessed and not paid, any payment made to the Comptroller shall be applied first to the payment of any penalties before the payment of tax;
(e)
tax assessed excludes —
(i)
tax assessed at the rate of 10% or such other rate as may be prescribed under section 43(9); and
(ii)
tax assessed at the rate of 10% or such other concessionary rate as may be prescribed under section 13H, 43A, 43C, 43D, 43E, 43F, 43G, 43H, 43I, 43J, 43K, 43L (repealed), 43N, 43O or 43P, or section 19B of the Economic Expansion Incentives (Relief from Income Tax) Act (Cap. 86) in force immediately before the date of commencement of the Economic Expansion Incentives (Relief from Income Tax) (Amendment) Act 2004 (Act 11 of 2004) or section 19J of the Economic Expansion Incentives (Relief from Income Tax) Act;
(f)
any balance or tax assessed which has been taken into account for the purpose of determining the charge or balance under subsection (4), (5), (6) or (7) upon the payment of any dividend shall be regarded as having been utilised for that purpose notwithstanding that no set-off has been allowed in respect of that dividend under section 46(3); and
(g)
relevant rate of tax —
(i)
in relation to a dividend paid from 1st January 2004 to 31st December 2006, is 20%; and
(ii)
in relation to a dividend paid from 1st January 2007 to 31st December 2007, is 18%.
[1/88; 28/92; 26/93; 32/95; 1/98; 31/98; 32/99; 24/2000; 24/2001; 37/2002; 21/2003; 11/2004; 49/2004; 7/2007; 53/2007]
Transitional provisions for company subjected to former imputation system
44A.
—(1)  This section shall —
(a)
have effect from 1st January 2003 to 31st December 2007; and
(b)
apply to all companies resident in Singapore which, before 1st January 2003, had been subjected to the provisions of section 44 in force immediately before that date.
[37/2002]
(2)  Any excess carried forward by a company under section 44(5) as at 31st December 2002 (referred to in this Act as the 44A balance) remaining as at any date during the period from 1st January 2003 to 31st December 2007 shall be computed in accordance with this section and section 44(6).
[37/2002]
(3)  Except as provided in subsections (5) and (12), any tax or additional tax assessed after 31st December 2002 on a company shall not be added to the 44A balance.
[37/2002]
(4)  Notwithstanding anything in this Act, where the tax on any dividend paid by a company in the year 2007 has been deducted at the rate of 20% —
(a)
the amount of such dividend received by a shareholder shall be deemed to have been paid without deduction of tax and to be a dividend of such a gross amount as after deduction of tax at the rate of 18% would be equal to the net amount paid; and a sum equal to the difference between such gross amount and the net amount paid shall be deemed to have been deducted from the dividend as tax; and
(b)
the difference between the amount of tax deducted at 20% from such dividend and the amount deemed to have been so deducted under paragraph (a) shall be added to the 44A balance of the company and deemed to be a part thereof.
[53/2007]
(5)  Notwithstanding subsection (3), where a company has furnished to the Comptroller an estimate of its chargeable income for the year of assessment 2003 on or before 31st March 2003, the tax assessed on or after 1st January 2003 on such chargeable income, after deducting any amount of such tax which is set-off under subsection (9) and section 44(18), shall be added to the 44A balance of the company on the date such tax is assessed.
[37/2002]
(6)  Where tax assessed on a company for any year of assessment is subsequently reduced at any time from 1st January 2003 to 31st December 2007 —
(a)
the amount of tax reduced shall be deemed to be a reduction of tax for that year of assessment which has been previously assessed during the period from 1st January 2003 to the date of the reduction of tax (except for the tax assessed on the estimated chargeable income for the year of assessment 2003 referred to in subsection (5)); and
(b)
any remaining amount of tax reduced shall be deemed to be a reduction of tax for that year of assessment which has been assessed on or before 31st December 2002 and any tax assessed on the estimated chargeable income for the year of assessment 2003 referred to in subsection (5).
[37/2002]
(7)  For the purpose of subsection (6), tax previously assessed during the period from 1st January 2003 to the date of the reduction of tax shall not include any amount of tax previously assessed which has been deemed to be tax restored under subsection (11)(b).
[37/2002]
(8)  Where any amount of tax is deemed to be a reduction under subsection (6)(b), it shall be deducted from the 44A balance of the company remaining as at the day of the reduction, and where the amount to be so deducted exceeds the 44A balance, a charge or additional charge equal to the amount of such excess shall be paid by the company to the Comptroller within 14 days of the notice of charge or additional charge.
[37/2002]
(9)  Any charge or additional charge paid by a company to the Comptroller under subsection (8) and any charge or additional charge payable under section 44(6) in force immediately before 1st January 2003 shall be used to set-off any tax assessed prior to 1st January 2008 on it subsequent to the charge or additional charge.
[37/2002]
(10)  Where any tax assessed after 31st December 2002 which has been set-off by any charge or additional charge paid by a company to the Comptroller under subsection (8), or section 44(4) or (6) in force immediately before 1st January 2003, is subsequently reduced and the reduction is deemed to be a reduction under subsection (6)(a), the charge or additional charge paid under those subsections shall be restored by the amount of tax reduced, and the restored charge or additional charge shall be paid by the company to the Comptroller within 14 days from the date of the reduction of the tax assessed.
[21/2003]
(11)  Where additional tax is assessed at any time from 1st January 2003 to 31st December 2007 on a company for any year of assessment subsequent to a reduction of tax during that period, the amount of additional tax assessed shall be deemed to be a restoration of the following:
(a)
firstly, the amount of tax for that year of assessment previously deemed to be a reduction under subsection (6)(a); and
(b)
secondly, where the amount of additional tax assessed for that year of assessment exceeds the amount referred to in paragraph (a), the amount of tax for that year of assessment previously deemed to be a reduction under subsection (6)(b),
and any remaining amount of additional tax assessed shall be an additional tax assessed which is not deemed to be tax restored in accordance with paragraphs (a) and (b) and shall not be added to the 44A balance of the company.
[37/2002]
(12)  Where any amount of additional tax for a year of assessment is deemed to be tax restored under subsection (11)(b), such amount of additional tax, up to the aggregate of —
(a)
the amount of such tax previously deducted from the 44A balance of the company under subsection (8); and
(b)
the amount of such tax previously resulting in a charge or additional charge under subsection (8) which was used to set-off any subsequent tax assessed on estimated chargeable income for the year of assessment 2003 under subsection (5),
after deducting any amount of such tax which is set-off under subsection (9) and section 44(17) and (18), may upon the application of the company and subject to the submission of sufficient records and reconciliation of the additional tax to the Comptroller, be added back to the 44A balance of the company on the date which the additional tax is assessed.
[37/2002; 21/2003]
(13)  In this section, “tax assessed” and “relevant rate of tax” have the same meanings as in section 44(20).
[37/2002]
Withholding of tax in respect of interest paid to non-resident persons
45.
—(1)  Where a person is liable to pay to another person not known to him to be resident in Singapore any interest which is chargeable to tax under this Act, the person paying the interest shall —
(a)
deduct therefrom tax —
(i)
where the person to be paid is an individual or a Hindu joint family, at the rate of 20%;
(ii)
where the person to be paid is any other person, at the rate of 18%; or
[Act 27/2009, wef Y/A 2010 & Sub Ys/A:2009-ACT-27]
(iii)
where section 43(3) or (3A) is applicable to the person to be paid, at the rate specified in that provision,
on every dollar of the interest; and
(b)
immediately give notice of the deduction of tax in writing and pay to the Comptroller the amount so deducted,
and every such amount deducted shall be a debt due from him to the Government and shall be recoverable in the manner provided by section 89.
[37/75; 31/86; 1/90; 20/91; 28/92; 26/93; 28/96; 24/2001; 37/2002; 49/2004; 53/2007]
(1A)  Notwithstanding subsection (1), tax shall be deducted at the rate of 20% on every payment (other than payment subject to tax at the rate specified in section 43(3) or (3A)) made on or after 1st January 2007 which would be assessable on the person receiving the payment for the year of assessment 2007.
[53/2007]
(2)  The Comptroller may —
(a)
if he thinks fit, allow any bank or financial institution to give notice of the deduction of tax and make payment of the amount so deducted within such other period and subject to such conditions as the Comptroller may determine;
(b)
by notice in writing require any person who pays such interest to deduct and account for tax at a higher or lower rate than 20% or 18% or the rate specified in section 43(3) or (3A), as the case may be, on every dollar of such interest or permit such interest to be paid without deduction of tax.
[Act 27/2009, wef Y/A 2010 & Sub Ys/A:2009-ACT-27]
[1/90; 20/91; 28/92; 26/93; 28/96; 24/2001; 37/2002; 49/2004; 53/2007]
(3)  Where a person fails to make a deduction of tax which he is required to make under subsection (1) any amount which he fails to deduct shall be a debt due from him to the Government and shall be recoverable as such.
(4)  If the amount of tax which is required to be deducted under subsection (1) is not paid to the Comptroller —
(a)
by the 15th day of the month following the month in which the interest from which the tax is to be deducted is paid, a sum equal to 5% of such amount of tax shall be payable; and
(b)
within 30 days after the time specified in paragraph (a), an additional penalty of 1% of such amount of tax shall be payable for each completed month that the tax remains unpaid, but the total additional penalty under this paragraph shall not exceed 15% of the amount of tax outstanding.
[26/93; 21/2003]
(5)  Without prejudice to any other provision of this Act, if any person after deducting the tax required to be deducted under subsection (1) fails to give notice of such deduction to the Comptroller by the time specified in subsection (4)(a), he shall be guilty of an offence and shall on conviction pay a penalty equal to 3 times the amount of tax so deducted and shall also be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
[26/93; 21/2003]
(6)  Where an individual has been convicted for 3 or more offences under this section the imprisonment he shall be liable to shall be not less than 6 months.
(7)  The Comptroller may —
(a)
compound an offence under subsection (5) and may before judgment stay or compound any proceedings thereunder; and
(b)
for any good cause remit the whole or any part of the penalty payable under subsection (4).
(8)  For the purposes of this section —
(a)
the manager or principal officer of a company shall be answerable for doing all such acts, matters and things as are required to be done by the company under this section; and
(b)
interest shall be deemed to have been paid by a person to another person although it is not actually paid over to the other person but is reinvested, accumulated, capitalised, carried to any reserve or credited to any account however designated, or otherwise dealt with on behalf of the other person.
(9)  This section shall not apply to —
(a)
any interest derived from any qualifying debt securities issued during the period from 27th February 1999 to 31st December 2008, subject to such conditions as the Minister may impose;
(b)
any interest derived from any qualifying project debt securities issued during the period from 1st November 2006 to 31st December 2008, subject to such conditions as the Minister may impose.
[53/2007]
(10)  In this section, “qualifying debt securities” and “qualifying project debt securities” have the same meanings as in section 13(16).
[53/2007]
Application of section 45 to royalties, management fees, etc.
45A.
—(1)  Section 45(1) to (8) shall apply in relation to the payment of any income referred to in section 12(6) or (7) by any person to another person not known to him to be resident in Singapore as those provisions apply to any interest paid by a person to another person not known to him to be resident in Singapore and, for the purpose of such application, any reference in those provisions to interest shall be construed as a reference to the income referred to in section 12(6) or (7).
[5/77; 1/88; 49/2004]
(2)  Subject to such conditions as the Minister may impose, subsection (1) shall not apply to any discount from —
(a)
any qualifying debt securities issued during the period from 27th February 2004 to 16th February 2006 which mature within one year from the date of issue of those securities; or
(b)
any qualifying debt securities issued during the period from 17th February 2006 to 31st December 2008.
[7/2007]
(2A)  Subsection (1) shall not apply to any amount payable from any Islamic debt securities which are qualifying debt securities, and issued during the period from 1st January 2005 to 31st December 2008, subject to such conditions as the Minister may impose.
[34/2005]
(2B)  Subject to such conditions as the Minister may impose, subsection (1) shall not apply to —
(a)
any prepayment fee, redemption premium or break cost from any qualifying debt securities issued during the period from 15th February 2007 to 31st December 2008; or
(b)
any discount, prepayment fee, redemption premium or break cost from any qualifying project debt securities issued during the period from 15th February 2007 to 31st December 2008.
[53/2007]
(2C)  Subject to such conditions as the Minister may impose, subsection (1) shall not apply to —
(a)
such other income directly attributable to any qualifying debt securities issued on or after a prescribed date, as may be prescribed by regulations; or
(b)
such other income directly attributable to any qualifying project debt securities issued on or after a prescribed date, as may be prescribed by regulations.
[53/2007]
(3)  In this section —
“break cost”, “prepayment fee”, “qualifying debt securities”, “qualifying project debt securities” and “redemption premium” have the same meanings as in section 13(16);
“Islamic debt securities” has the same meaning as in section 43N(4).
[34/2005; 53/2007]
Application of section 45 to non-resident director’s remuneration
45B.
—(1)  Section 45 shall apply in relation to the payment of any remuneration by a company to any director of the company who is not resident in Singapore as those provisions apply to any interest paid by a person to another person not known to him to be resident in Singapore and, for the purpose of such application, any reference in those provisions to interest shall be construed as a reference to such remuneration.
[7/79]
(2)  For the purposes of this section and section 45C, the references to interest therein shall be read as references to interest which is subject to deduction of tax at the rate of 20% on every dollar of the interest.
[28/96; 24/2001; 37/2002; 49/2004]
Application of section 45 to distribution by unit trust
45C.
—(1)  Section 45 shall apply in relation to any distribution made by a unit trust which is deemed to be income under section 10(19), (20) and (21) as that section applies to any interest paid by a person to another person not known to him to be resident in Singapore and, for the purpose of such application, any reference in that section to interest shall be construed as a reference to such distribution.
[23/90; 32/95]
(2)  Subsection (1) shall not apply to any distribution which is made on or after 28th February 1998 by a designated unit trust or an approved CPF unit trust referred to in section 35(12).
[31/98]
Application of section 45 to gains from real property transaction
45D.
—(1)  Where any person whose income arising from the disposal of any real property is chargeable to tax under section 10(1)(a) is a non-resident person, any designated person shall, before paying to the non-resident person any money which is the whole or part of the consideration for the disposal of the real property, notwithstanding any other written law, immediately deduct therefrom tax at the rate of 15% on every dollar of such payment.
[37/2002]
(2)  Any designated person who has deducted any money under subsection (1) shall immediately give notice of the deduction of tax in writing to the Comptroller and shall, notwithstanding any other written law, pay the amount so deducted to the Comptroller by the 15th day of the month following the month in which the deduction was made and every such amount shall be a debt due from him to the Government and shall be recoverable in the manner provided under section 89.
[37/2002; 21/2003]
(3)  Section 45(2) to (8) shall apply, with the necessary modifications, to any designated person as those provisions apply to any person referred to therein.
[37/2002]
(4)  For the purpose of payment of any tax due from any income which is chargeable to tax under section 10(1)(a) in respect of any disposal of any real property which is owned by 2 or more persons as joint owners, the designated person deducting the tax shall retain such amount as is presumed under subsection (5) to be owned by any non-resident person and pay over the tax due from such amount to the Comptroller.
[37/2002]
(5)  It shall be presumed, until the contrary is proved, that the persons who own any real property as joint owners shall share the proceeds of disposal of the real property in equal shares.
[37/2002]
(6)  In this section —
“designated person”, in relation to any disposal of any real property —
(a)
in the case where an advocate and solicitor acts for the buyer of the real property in such disposal, means that advocate and solicitor; and
(b)
in any other case, means the buyer of the real property;
“land” includes land of any tenure wherever situated in Singapore, whether or not held apart from the surface, and buildings or parts thereof (whether completed or otherwise and whether divided horizontally, vertically or in any other manner) and tenements and hereditaments, corporeal and incorporeal, and any estate or interest therein;
“non-resident person” means a person who is not known to be resident in Singapore to the designated person;
“real property”, in relation to a disposal of which the income is chargeable to tax under section 10(1)(a), means any land and any interest, option or other right in or over any land.
[37/2002]
Application of section 45 to withdrawals by non-citizen SRS members, etc.
45E.
—(1)  Subject to subsection (2), section 45 shall apply in relation to —
(a)
any withdrawal made —
(i)
under section 10L or after the balance (excluding any life annuity) remaining in the SRS account is deemed withdrawn under section 10L(6) or (7) by an SRS member who is not a citizen of Singapore from his SRS account; or
(ii)
after the sum standing in the SRS account is deemed withdrawn under section 10L(9) by the legal personal representative of a deceased SRS member who is not a citizen of Singapore from the SRS account,
as that section applies to any interest paid by a person to another person not known to him to be resident in Singapore and, for the purpose of such application, any reference in that section to interest shall be construed as a reference to such withdrawal from the SRS account; and
(b)
any payment of any penalty under section 10L(2) which is imposed on any SRS member and paid by an SRS operator to the Comptroller as that section applies to any interest paid by a person to another person not known to him to be resident in Singapore and, for the purposes of such application, any reference in that section to interest payable shall be construed as a reference to the penalty so payable by the SRS operator to the Comptroller.
[24/2001]
(2)  For the purpose of subsection (1)(a), where a withdrawal is made —
(a)
under section 10L(3) or (8) or after the balance (excluding any life annuity) remaining in the SRS account is deemed withdrawn under section 10L(6) or (7) by an SRS member; or
(b)
after the sum standing in the SRS account is deemed withdrawn under section 10L(9),
section 45 shall apply only in relation to 50% of the amount withdrawn from the SRS account.
[24/2001]
(3)  For the purposes of this section, the amount to be deducted under section 45 in respect of withdrawals from the SRS account of an SRS member —
(a)
under subsection (1)(a), shall be the amount computed based on the rate specified in section 43(1)(b); and
(b)
under subsection (1)(b), shall be the total penalty deducted by the SRS operator from the amount so withdrawn from the SRS account.
[24/2001]
(4)  Subject to subsection (5), this section shall not apply to any withdrawal by an SRS member who is not a citizen of Singapore if the amount of withdrawal from his SRS account in any year does not exceed the amount of contribution to his SRS account in that year.
[24/2001; 37/2002]
(5)  Where a deduction for SRS contributions has been allowed in any year to an SRS member who is not a citizen of Singapore under an assessment made under section 73(1)(b) and within that year the SRS member applies to withdraw an amount up to the amount he has contributed in that year, the SRS operator shall release the amount applied to the SRS member after deducting tax at the rate specified in section 43(1)(b) on every dollar withdrawn.
[37/2002]
Application of section 45 to income from profession or vocation carried on by non-resident individual, etc.
45F.
—(1)  Subject to subsection (2), section 45 shall apply in relation to the payment of any income accruing in or derived from Singapore on or after 3rd May 2002 from —
(a)
any profession or vocation (other than that derived by any public entertainer as defined in section 40A) by any person to any individual referred to in section 43(4)(a) not known to him to be resident in Singapore; or
(b)
any profession or vocation by any person to any foreign firm referred to in section 43(4)(b),
as section 45 applies to any interest paid by a person to another person not known to him to be resident in Singapore and, for the purpose of such application, any reference in that section to interest shall be construed as a reference to such payment.
[37/2002]
(2)  For the purpose of this section, the deduction of tax under section 45 shall be at the rate of 15%.
[37/2002]
Application of section 45 to distribution from any real estate investment trust
45G.
—(1)  Subject to subsections (2) and (3) and such conditions as the Comptroller may impose, section 45 shall apply in relation to any distribution (except distribution out of Singapore dividends from which tax is deducted or deductible under section 44) made on or after 18th February 2005 by a trustee of any real estate investment trust —
(a)
to any person (other than an individual) not known to the trustee to be resident in Singapore to whom section 43(3B) applies; or
(b)
to any other person not known to the trustee to be —
(i)
an individual;
(ii)
a company incorporated and resident in Singapore;
(iii)
a branch in Singapore of a company incorporated outside Singapore that has obtained the Comptroller’s approval for distributions to be made by the trust to it without deduction of tax; or
(iv)
a body of persons incorporated or registered in Singapore, including a charity registered under the Charities Act (Cap. 37) or established by any written law, a town council, a statutory board, a co-operative society registered under the Co-operative Societies Act (Cap. 62) or a trade union registered under the Trade Unions Act (Cap. 333),
as that section applies to any interest paid by a person to another person not known to him to be resident in Singapore, and for the purpose of such application, any reference in that section to interest shall be construed as a reference to such distribution.
[34/2005; 7/2007]
(2)  For the purpose of subsection (1)(a), the deduction of tax under section 45 shall be at the rate of 10% on every dollar of such distribution made during the period from 18th February 2005 to 17th February 2010.
[34/2005]
(3)  For the purpose of subsection (1)(b), the deduction of tax under section 45 shall be at the applicable rate specified under section 43(1) on every dollar of such distribution.
[34/2005; 53/2007]
(4)  Subsection (1) shall not apply to any distribution made by the trustee of the real estate investment trust where tax has been paid by the trustee of the trust on the income from which the distribution is made.
[34/2005]
(5)  In this section, “real estate investment trust” has the same meaning as in section 43(10).
[34/2005]
Application of section 45 to income derived as public entertainer
45GA.
—(1)  Subject to subsection (2), section 45 shall apply in relation to the payment by any person to any public entertainer or his representative, not known to the person to be resident in Singapore, of any income derived from Singapore as a public entertainer on or after 1st January 2008 as that section applies to any interest paid by a person to another person not known to him to be resident in Singapore, and for the purpose of such application, any reference in that section to interest shall be construed as a reference to such payment.
[53/2007]
(2)  For the purpose of this section, the deduction of tax under section 45 shall be at the rate of 15%.
[53/2007]
(3)  In this section, “public entertainer” has the same meaning as in section 40A.
[53/2007]
Application of section 45 to commission or other payment of junket promoter
45H.12
—(1)  Subject to subsection (2), section 45 shall apply in relation to the payment of any commission or other payment by any person to a junket promoter not known to him to be resident in Singapore for arranging a junket with a casino operator in Singapore as section 45 applies to any interest paid by a person to another person not known to him to be resident in Singapore and, for the purpose of such application, any reference in that section to interest shall be construed as a reference to such commission or payment.
[Note: Section 45H shall come into operation on 2nd April 2008 vide S 176/2008.]
(2)  For the purpose of this section, the deduction of tax under section 45 shall be at the rate of 3%.
[10/2006]
(3)  In this section, “casino operator”, “junket” and “junket promoter” have the same meanings as in the Casino Control Act (Cap. 33A).
[10/2006]
[10/2006]
12  Section 45H, inserted by the Casino Control Act (Cap. 33A), to come into operation when section 202 of the Casino Control Act is brought into operation.