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Ideas & Insights Newsletter

Singapore Budget 2022 Highlights

Singapore Budget 2022 Highlights

Key Takeaway

  • Increase in the top marginal personal income tax rate for resident individual tax payers;
  • GST increase will be delayed to 2023;
  • Increase in property tax rate for residential properties starting from 2023;
  • Possibility of introduction of Minimum Effective Tax Rate (METR) in future years;
On 18th February 2022, the Minister of Finance, Lawrence Wong delivered the Budget Statement for Budget 2022. We set out below some of the key tax highlights of the Budget.

Key Tax Changes

Affecting Individuals

1. Enhance the progressivity of Personal Income Tax (“PIT”) of tax- resident individual taxpayers

With effective from Year of Assessment (YA) 2024, individual with chargeable income in excess of $500,000 up to $1 million will be taxed at 23% while that in excess of $1 million will be taxed at 24%.

2. Extension the withholding tax (WHT) exemption for non-tax resident mediators

The existing WHT exemption will be extended until 31 March 2023.

From 1 April 2023 to 31 Dec 2027, gross income derived by non-tax- resident mediators from mediation work carried out in Singapore will be subject to a concessionary WHT tax rate of 10%, subject to conditions or alternatively, non resident mediators may elect to be taxed at 24% on the net income, instead of 10% on gross income.

3. Extension the WHT tax exemption for non-tax resident arbitrators

The existing WHT exemption will be extended until 31 March 2023.
From 1 April 2023 to 31 Dec 2027, gross income derived by non-tax-resident arbitrators from arbitration work carried out in Singapore will be subject to a concessionary WHT tax rate of 10%, subject to conditions or alternatively, non-tax resident arbitrators may elect to be taxed at 24% on the net income, instead of 10% on gross income.

Goods and Service Tax (“GST”)

1. Increase the GST rate

The GST rate will be increased in two steps:
a) from 7% to 8% with effect from 1 January 2023; and
b) from 8% to 9% with effect from 1 January 2024.

2. GST treatment for travel arranging services

With effective from 1 January 2023, the basis for determining whether zero-rating applies to a supply of travel arranging services will be updated, to be based on the place where the customer (i.e. the contractual customer) and direct beneficiary of the service belong:
a) If the customer of the service belongs in Singapore, the travel arranging service will be standard- rated; or
b) If the customer of the service belongs outside Singapore and the direct beneficiary either belongs outside Singapore or is GST-registered in Singapore, the travel arranging service will be zero-rated.

Property Tax

1. Enhance the progressivity of property tax for owner-occupied residential properties

The progressive property tax rates for owner-occupied residential properties are being revised upward as shown below:-
Annual Value
Property Tax Rate for Owner-occupied Residential Properties
Effective 1 Jan 2023
Effective 1 Jan 2024
First $8,000
0%
0%
Next $22,000

4%

4%
Next $10,000
5%
6%
Next $15,000
7%
10%
Next $15,000
10%
14%
Next $15,000
14%
20%
Next $15,000
18%
26%
Above $100,000
23%
32%
This change will take effect from 1 January 2024.

2. Enhance the progressivity of property tax for non-owner occupied residential properties

The progressive property tax rate schedule for non-owner-occupied residential properties are being revised upward as shown below:-
Annual Value
Property Tax Rate for Non-owner-occupied Residential Properties
Effective 1 Jan 2023
Effective 1 Jan 2024
First $30,000
11%
12%
Next $15,000

16%

20%
Next $15,000
21%
28%
Above $60,000

27%

36%
This change will take effect from 1 January 2024.

Business

1. Introduction of the Minimum Effective Tax Rate (“METR”) Regime

The Inland Revenue Authority of Singapore is exploring a top-up tax called the Minimum Effective Tax Rate (“METR”) which will top up the MNE group’s effective tax rate in Singapore to 15%. The METR will apply to MNE groups operating in Singapore that have annual revenues of at least 750 million euros as reflected in the consolidated financial statements of the ultimate parent entity.

2. Extension and enhance the Approved Royalties Incentive (“ARI”)

The existing ARI will be extended until 31 December 2028 and will be simplified to cover classes of royalty agreements based on an activity-set-based approach.

3. Extend the Approved Foreign Loan (“AFL”) scheme

The existing AFL scheme will be extended until 31 December 2028.

4. Extend the Tax Framework for Facilitating Corporate Amalgamations under Section 34C of the ITA to Licensed Insurer

Extension of the tax framework to cover amalgamation of Singapore-incorporated licensed insurers where the court order for confirmation of a scheme for the transfer of an insurance business is made on or after 1 November 2021.

The extension of the framework is subject to conditions, which include the following:
  1. The amalgamated company takes over all property, rights, privileges, liabilities, and obligations, etc. of the amalgamating company on the date of amalgamation; and
  2. The amalgamating company becomes dormant (i.e. ceases to conduct any business or any other activities, and does not derive any income) on the date of amalgamation and remains so until it is dissolved or wound up; and
The amalgamating company is dissolved or wound up before the filing due date of the income tax return for the Year of Assessment (“YA”) related to the basis period in which the scheme of transfer was effected.

5. The Integrated Investment Allowance (“IIA”) scheme will be allowed to lapse after 31 December 2022.

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Ideas & Insights Newsletter

Special Tax Incentive For Company Relocating into Malaysia

Special Tax Incentive For Company Relocating into Malaysia

Special Tax Incentive For Company Relocating into Malaysia

Listed below are the tax incentives offered to new and existing foreign companies relocating their business into Malaysia:-
Type of Company
Eligible Capital Expenditure (RM)

Incentive

Incentive

Duration

1. New company
i. RM300 million to
RM500 million.
Special tax rate
0%
10 years
ii. RM500 million and above.
Special tax rate
0%

15 years

2. Existing company
Relocating overseas facilities into Malaysia with capital investment above RM300 million
Investment tax allowance (ITA)
100%
5 years and is offset against 100% statutory income of the activity.

Eligibility Criteria

Definition of new company
a) Company relocating manufacturing facility for eligible activities from another country to Malaysia; or
b) Company establishing new operation in Malaysia; and
c) Do not have existing manufacturing operation in Malaysia.
Definition of existing company
Foreign or locally owned company that has existing manufacturing operation in Malaysia and is relocating its manufacturing operations from outside Malaysia for new business segment.

The products from the new business segment are not part of the expansion project for existing products.
Conditions for this incentive
a) To incur the capital expenditure (excludes land cost) within 3 years from the date of the first capital expenditure incurred;
b) To incur the first capital expenditure within 1 year from the approval date; and
c) Company will be subjected to conditions related to the Employment and Vendor Development Program
Promoted manufacturing activities
Manufacturing activities EXCEPT manufacturing activities as below:-
Non Products / Activities Industries
All products for iron & steel considered sensitive except products listed in the Promoted Activities / Products Under the PIA 1986 under the category of Manufacture of Iron and Steel, and Manufacture of Non- Ferrous Metal and their Products
Iron & Steel
Weapon and ammunitions Machinery & Equipment
Electricals products supplied to generate power for consumption of TNB and Petronas such as general cables, wire harness, distribution boards, control panels, switching apparatus, transformers Electrical
Liquor and alcoholic beverages Beverages & Tobacco
Tobacco and tobacco products including cigarette Beverages & Tobacco
Palm Oil milling and refining Palm Oil
Production of food products that only involve mixing, blending and cooking. Example: sauces, paste, premix food products Food Manufacturing
Beverages Beverages & Tobacco
Sugar Food Manufacturing
Pineapple Canning Food Manufacturing
Paper-based packaging materials from waste paper except for coated duplex board Paper, Printing & Publishing
Wood-based products including furniture, plywood, sawn timber and others Wood & Wood Products
Printing and Publishing Paper, Printing & Publishing
Remanufacturing/ reconditioning/ reassembly of motor vehicles and related components Automotive / Motor vehicle
Non-EEV Automotive / Motor vehicle
Drones and rocket Aerospace related products for Military/Defense application (Non-commercial segment) Aerospace for Military/Defense Application
Recycling of any types of waste All
Refinery of crude petroleum oil Petroleum
Passengers car tires Rubber
General plastic products such as plastic bags, bottles Plastic
Gloves All
Manufacturing of construction material except for following products:
  • Industrial Building System (IBS)
  • Panels
  • Boards
  • Tiles
  • Blocks or similar articles of natural and synthetic fiber agglomerated with cement plaster or other mineral binding substance
Construction
Textiles products except for following activities:
  • Natural or man-made fibres
  • Yarn of natural or man-made fibres
  • Woven fabrics
  • Knitted fabrics
  • Non-woven fabrics
  • Finishing of fabrics such as bleaching, dyeing and printing
  • Specialised Apparel
  • Technical or functional textiles and textile products
Textile
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Ideas & Insights

Why Re-Dom to Labuan

Why Re-Dom to Labuan

Why bear the risk of significant penalties and compulsory strike off when you can have a better solution? 0% withholding tax? 0% indirect tax? Exempted dividend income? All benefits you can enjoy in Labuan!

 

There is no need for complicated group restructuring. Re-domicile to Labuan can help to solve all these problems while maintaining status quo of the company.

Country

BRITISH VIRGIN ISLANDS
Economic Substance Act 2018

CAYMAN ISLANDS
The International Tax Co-operation (Economic Substance) Law 2018

LABUAN, MALAYSIA
Labuan Business Activity Tax Regulation 2018top

Relevant activities

  1. Banking business;
  2. Distribution and service centre business;
  3. Financing and leasing business;
  4. Fund management business;
  5. Headquarters business;
  6. Holding company business;
  7. Insurance business;
  8. Intellectual property business; or
  9. Shipping business.
  1. Banking business;
  2. Distribution and service centre business;
  3. Financing and leasing business;
  4. Fund management business;
  5. Headquarters business;
  6. Holding company business;
  7. Insurance business;
  8. Intellectual property business; or
  9. Shipping business.
  1. Labuan insurance business;
  2. Labuan international commodity trading company;
  3. Labuan banking business;
  4. Labuan trust company;
  5. Labuan leasing company;
  6. Labuan credit token company;
  7. Labuan development finance company;
  8. Labuan building credit company;
  9. Labuan factoring company;
  10. Labuan money broker;
  11. Labuan fund manager;
  12. Labuan securities licensee;
  13. Labuan fund administrator;
  14. Labuan company management;
  15. Labuan international financial exchange;
  16. Self-regulatory organisation; or
  17. Holding company.
  18. Other trading entity such as administrative, accounting, legal services and management services.

Exemption

Investment Fund

Investment Fund

Dormant company

Minimum employment

Adequate

Adequate

2 – 4

Minimum spending

Adequate

Adequate

RM50,000 – RM200,000;
(RM3mil for Labuan International)
Commodity Trading Company)

Requirements

  1. Direction and management in the islands;
  2. Adequate expenditure and employees and appropriate premises in the islands and
  3. CIGA carried on in the islands.
  1. Direction and management in the islands;
  2. Adequate expenditure and employees and appropriate premises in the islands and
  3. CIGA carried on in the islands.
  1. Physical office in Labuan; and
  2. Expenditure and employees as per minimum requirements

Penalty for non-compliance

First determination:

Penalty of USD5k to USD20k

(high risk IP entity will be USD50k)

 

Second determination:

Penalty of USD10k to USD200k
(high risk IP entity will be USD400k)

 

Final – COMPULSORY STRIKE-OFF

First year fail to meet ES test: USD10k

Subsequent year: USD100k

Final – COMPULSORY STRIKE-OFF

Not eligible to enjoy the LBATA tax preferential treatment e.g. tax rate of 3%.

Consequently, it will be taxed under the ITA. (17% for holding company)

It is an offence for non-compliance on the Economic Substance requirements and company may subject to significant fines or eventually being compulsory struck off. Beneficial ownership on the company assets, shares, subsidiaries and other investments will be lost and Directors may be disqualified from acting as a director.

Group restructuring may take place but subject to limitations. Careful considerations should be taken on double taxation issue, withholding tax and additional stamp duty charges. In addition, the BVI or Cayman Islands company is non-replaceable if it is used as listing vehicle for the group.

Re-domiciliation to Labuan can be a better solution in order to maintain status quo given the comprehensive taxation system of Labuan. It is also worth mentioning that there is no withholding tax on interest payments, no stamp duty and no tax on dividend declared to Malaysia.