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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 XXA EXCHANGE OF INFORMATION UNDER AVOIDANCE OF DOUBLE TAXATION ARRANGEMENTS AND EXCHANGE OF INFORMATION ARRANGEMENTS

Part XXB INTERNATIONAL AGREEMENTS TO IMPROVE TAX COMPLIANCE

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THIRD SCHEDULE Repealed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

EIGHTH SCHEDULE Information to be included in a request for information under Part XXA

Legislative History

Comparative Table

Comparative Table

 
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Excess provident fund contributions, etc., deemed to be income
10C.
—(1)  Notwithstanding section 13(1)(j), where in any year, contributions have been made by an employer in respect of an employee under section 7 of the Central Provident Fund Act (Cap. 36) —
(a)
any part of the employer’s contributions, in respect of ordinary or additional wages paid to the employee in that year, which is not obligatory under that Act; or
(b)
the employer’s contributions in respect of that part of the additional wages which exceeds the specified amount paid to the employee in that year,
shall be deemed to be income accruing to the employee for the year in which the wages are paid.
[23/90; 49/2004; 34/2005; 7/2007]
(2)  Notwithstanding subsection (1)(a), where in any year, contributions obligatory by reason of a contract of employment are made by any relevant employer to the Central Provident Fund in respect of overseas ordinary wages or overseas additional wages paid to an employee in that year, that part of such contributions up to the relevant amount shall not be deemed to be income accruing to the employee.
[11/94]
(3)  Subsection (2) shall not apply to contributions made by an employer in any year from 1st January 1999 to the Central Provident Fund in respect of an employee who holds a professional visit pass or a work pass in that year.
[1/98; 30/2007]
(4)  Notwithstanding subsection (1)(a) but subject to subsection (6), where a contribution is made by an employer in any year before 2013 to the medisave account of his employee maintained under the Central Provident Fund Act, the contribution up to the maximum amount referred to in subsection (5) shall not be deemed to be income accruing to the employee.
[22/2011; 19/2013]
(5)  The maximum amount is $1,500 less —
(a)
any previous contribution made by the same or another employer to that medisave account in that year where the contribution is not deemed to be income under subsection (4); and
(b)
any previous contribution made to that medisave account in that year that is exempt from tax under section 13(1)(jc).
[22/2011]
(5A)  Notwithstanding subsection (1)(a) but subject to subsection (6), where a contribution is made by an employer in 2013 or any subsequent year to the medisave account of his employee maintained under the Central Provident Fund Act, the contribution up to the maximum amount referred to in subsection (5B) shall not be deemed to be income accruing to the employee.
[19/2013]
(5B)  The maximum amount is $1,500 in any year less any previous contribution made to that medisave account in that year by that employer in his capacity as a person of a prescribed description referred to in section 13(1)(jd) (if applicable) that is exempt from tax under that provision.
[19/2013]
(6)  Subsections (4) and (5A) shall not apply to contributions made by an employer in any year from 1st January 1999 to the Central Provident Fund in respect of an employee who holds a professional visit pass or a work pass in that year.
[1/98; 30/2007; 19/2013]
(7)  [Deleted by Act 7 of 2007]
(8)  Where in any year contributions under section 7 of the Central Provident Fund Act have been made in respect of an employee employed by 2 or more employers and the employers are related to each other, subsection (1)(b) shall apply as if all the ordinary and additional wages from those related employers and the contributions on those wages were paid by one employer.
[7/2007]
(9)  For the purposes of subsection (8), one employer shall be deemed to be related to another where one of them, directly or indirectly, has the ability to control the other or where both of them, directly or indirectly, are under the control of a common person.
(10)  Subsections (1) to (9) shall apply, with the necessary modifications, to contributions made by an employer to a designated pension or provident fund as if those contributions were the employer’s contributions to the Central Provident Fund.
(11)  Where in any year contributions have been made by an employer in respect of an employee to any pension or provident fund constituted outside Singapore, the whole of the contributions made to that pension or provident fund shall be deemed to be income accruing to the employee for the year in which the contributions are paid.
[26/93]
(12)  In this section —
“additional wages” has the same meaning as in the Central Provident Fund Act;
“designated pension or provident fund” means an approved pension or provident fund designated by the Minister under section 39(8);
“employer’s contributions” means the contributions made by any employer under section 7(1) of the Central Provident Fund Act less the amount of contributions recoverable by the employer from the wages of an employee under section 7(2) of that Act;
“ordinary wages” has the same meaning as “ordinary wages for the month” in the Central Provident Fund Act;
“overseas additional wages” means additional wages paid in respect of the performance of any duty for any period outside Singapore;
“overseas ordinary wages” means ordinary wages paid in respect of the performance of any duty for any period outside Singapore;
“overseas total wages”, in relation to any year, means the total of the overseas ordinary wages and overseas additional wages in that year received by an employee;
“relevant amount” means the amount of contributions which would have been required to be made by the relevant employer had such contributions been obligatory under the Central Provident Fund Act in respect of —
(a)
the overseas total wages paid to an employee in any year less the aggregate in that year of such part of the overseas ordinary wages paid to the employee in every month in that year as exceeds $4,500 (being a month before September 2011) or $5,000 (being the month of September 2011 or any subsequent month); or
(b)
$79,333 (in relation to the year 2011) or $85,000 (in relation to the year 2012 and every subsequent year),
whichever is less;
“relevant employer” means any company incorporated or registered under the Companies Act (Cap. 50) or any person registered under the Business Registration Act (Cap. 32);
“specified amount” means —
(a)
in relation to the year 2005, the difference between $85,000 and the total ordinary wages paid to the employee in that year; and for this purpose, any amount of ordinary wages paid to the employee for any month in the year in excess of $5,000 shall be disregarded;
(b)
in relation to the year 2006, 2007, 2008, 2009 or 2010, the difference between $76,500 and the total ordinary wages paid to the employee in that year; and for this purpose, any amount of ordinary wages paid to the employee for any month in the year in excess of $4,500 shall be disregarded;
(c)
in relation to the year 2011, the difference between $79,333 and the total ordinary wages paid to the employee in that year; and for this purpose, any amount of ordinary wages paid to the employee for any month in the year in excess of $4,500 (being a month before September 2011) or $5,000 (being the month of September 2011 or any subsequent month) shall be disregarded; and
(d)
in relation to the year 2012 and every subsequent year, the difference between $85,000 and the total ordinary wages paid to the employee in that year; and for this purpose, any amount of ordinary wages paid to the employee for any month in the year in excess of $5,000 shall be disregarded;
“total wages”, in relation to any year, means the total of the ordinary and additional wages in that year received by an employee;
“year” means any year from 1st January to 31st December.
[11/94; 49/2004; 34/2005; 7/2007; 22/2011]
History for Provision '10C Excess provident fund contributions, etc., deemed to be income'.
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pr10C-.
30/04/1996
Formal Consolidation
30 April 1996
1996 RevEd
 
Compare versionsDiff

23/01/1998
Informal Consolidation
23 January 1998
Amended
Act 1 of 1998

27/02/1998
Informal Consolidation
14 August 1998
Amended
Act 31 of 1998

30/12/1999
Formal Consolidation
30 December 1999
1999 RevEd
 
Compare versionsDiff

18/01/2000
Informal Consolidation
07 September 2000
Amended
Act 24 of 2000

01/04/2001
Informal Consolidation
01 April 2001
Amended
Act 3 of 2001

10/08/2001
Informal Consolidation
10 August 2001
Amended
Act 24 of 2001

01/01/2008
Formal Consolidation
01 January 2008
2008 RevEd
 
Compare versionsDiff

16/12/2008
Informal Consolidation
16 December 2008
Amended
Act 34 of 2008

01/01/2009
Informal Consolidation
16 December 2008
Amended
Act 34 of 2008

01/04/2011
Informal Consolidation
01 April 2011
Amended
Act 22 of 2011

01/06/2011
Informal Consolidation
18 December 2012
Amended
Act 29 of 2012

01/01/2012
Informal Consolidation
20 December 2011
Amended
Act 22 of 2011

28/11/2013
Informal Consolidation
28 November 2013
Amended
Act 19 of 2013

31/03/2014
Formal Consolidation
31 March 2014
2014 RevEd
 
Compare versionsDiff

27/11/2014
Informal Consolidation
27 November 2014
Amended
Act 37 of 2014

01/01/2015
Informal Consolidation
01 January 2015
Amended
Act 37 of 2014