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Tax newsbites March 2014 PwC Singapore

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Tax newsbites March 2014 PwC Singapore
Tax newsbites
PwC Singapore
Tax Services
March 2014
Tax updates from
November 2013
to February 2014
Tax updates

The Minister for Finance presented the 2014 Budget in Parliament on 21 February
2014. Please refer to our Budget Commentary for an overview of the proposed tax
changes and their implications at http://www.pwc.com/en_SG/sg/budgetcommentary/assets/bc2014.pdf

New objection and appeal procedures for companies
The deadline for filing an objection (for assessments issued on or after 1 January 2014)
is extended to two months from the date of the assessment. In addition, certain
procedural matters relating to dispute resolution were introduced.

Productivity and Innovation Credit scheme
The Inland Revenue Authority of Singapore (IRAS) have stated that website
development costs do not qualify for Productivity and Innovation Credit (PIC) in its
revised FAQs. In addition, they have introduced a new template for businesses making
PIC cash payout applications in respect of Information Technology (IT) and
automation equipment acquired under hire-purchase agreements.

Research & development
The IRAS have issued various clarifications relating to the treatment for research &
development (R&D) expenditure:
 Projects that are considered R&D by other government agencies may not
necessarily qualify for R&D tax deduction. More details at
http://www.iras.gov.sg/irasHome/page04.aspx?id=614#Research_&_developme
nt_expenses
 The IRAS may consult a panel of experts (comprising academics and industry
experts) on whether a project qualifies as R&D.
 The R&D claim form has been revised to include an additional part 3, where
taxpayers claiming R&D would have to provide project details.

The IRAS have clarified that where management service fee (paid to a non-resident) is
merely a reimbursement of costs or constitutes costs allocated under a cost-pooling
arrangement, such payments will not be subjected to withholding tax.

The IRAS have clarified the tax treatment of virtual currencies (e.g. Bitcoins).
Legislation updates

Income Tax
The Income Tax (Amendment) Act was gazetted on 28 November 2013. The changes
mainly relate to the Budget 2013 proposals and changes to the exchange of information
(EOI) regime.
Subsidiary legislation relating the following has been issued:
 Income derived by approved qualifying companies from carrying on prescribed
qualifying structured commodity financing activities.
 Application of the safe harbour rule for qualifying equity investment disposals,
amendments to renovation and refurbishment expenditure, PIC and M&A
allowance in the case of a qualifying amalgamation
 Clarification on the definition of a "bank" for Islamic financing arrangements.

Goods and Services Tax
The Goods and Services Tax (Amendment) Act 2013 was gazetted on 17 December
2013 and took effect from 1 January 2014. A summary of the changes proposed in the
Amendment Bill is available in our November 2013 issue of Tax newsbites at
http://www.pwc.com/sg/en/tax-newsbites/index.jhtml .
Subsidiary legislation was gazetted to provide for changes to the Approved Contract
Manufacturer and Trader Scheme, the Approved Refiner and Consolidator Scheme and
the Tourist Refund Scheme.

Stamp duties
The Stamp Duties (Relief from Stamp Duty upon Transfer of Assets between
Associated Permitted Entities) Rules 2014 were issued on 16 January 2014. Among
other things, the Rules provide for stamp duty relief for transfers of certain assets
between associated entities (including limited liability partnerships). Furthermore, the
application for relief should be made within the following timelines for instruments
that are executed on or after 16 January 2014:
 where the application for relief is made after the execution of the instrument,
such application must be submitted within 14 days after the execution for
instruments that are executed in Singapore and 30 days for those that are
executed outside Singapore.
 where the application for relief is made before the execution of the instrument,
the instrument must be executed within four months after the IRAS have
indicated that it may qualify for relief.
Singapore tax cases

Gains derived by an insurer
In Comptroller of Income Tax v BBO [2014] SGCA 10, the Court of Appeal decided in
favour of the taxpayer (and upheld the decisions of the High Court and the Income Tax
Board of Review), concluding that gains derived by an insurer from the disposal of
certain shares held within its insurance funds are capital in nature. More details at
http://www.pwc.com/en_SG/sg/financial-services-taxbulletin/assets/fstaxbul201402.pdf
Double Taxation Agreement

On 1 May 2014, an Exchange of Notes in relation to the EOI Article in the treaty with
Austria will enter into force.

On 21 February 2014, Singapore signed a treaty with Laos. The treaty is pending
ratification and has not yet entered into force.

On 6 February 2014, the revised treaty with Poland entered into force.
2

On 15 January 2014, the Singapore-Morocco treaty entered into force and soon after it
took effect, negotiations for a Protocol to amend the treaty began.
Free Trade Agreements

Singapore and Turkey have expressed their intentions to negotiate and sign a free trade
agreement.
Partnership and Cooperation Agreement

On 17 February 2014, the signing of the Partnership and Cooperation Agreement
between European Union and Republic of Singapore was proposed and it will include
provisions on cooperation in the area of tax.
Overseas updates

China: The Chinese Tax Authority has introduced a new Tax Resident Enterprise
(TRE) concept to impose tax on offshore indirect equity transfer. More details at
http://www.pwccn.com/home/eng/chinatax_news_dec2013_30.html

Hong Kong: The Hong Kong Tax Authority has issued EOI practice notes which
provide guidelines for EOI requests from treaty partners and explains the safeguards
that are available to taxpayers.

India: The Indian government has suspended its treaty benefits with Cyprus as they
have not been providing tax information requested by the Indian tax authorities.

Japan: The Japanese government has approved a large package of fiscal 2014 tax
revisions which included a major reform of their international taxation system. The
reform is expected to align Japan's domestic laws with the rules in tax treaties, to
mitigate the risk of double taxation as well as double non-taxation.

Malaysia: The Malaysian Tax Authority has released a public ruling to clarify the
withholding tax treatment for special classes of income.

Vietnam: The Vietnamese Tax Authority has revised a circular providing guidance on
the interpretation of Vietnam’s treaties. The changes include certain enhancements to
the beneficial ownership and anti-avoidance provisions and they outline the factors to
be considered to fulfil the substance-over-form test.

OECD: The Organisation of Economic Cooperation and Development (OECD)
released


the Common Reporting Standard (CRS), which seeks to establish a new global
standard for automatic exchange of financial account information between
Governments. More details at http://www.pwc.com/en_US/us/taxaccounting-services/newsletters/global-information-reportingwithholding/assets/pwc-oecd-publishes-common-reporting-standarddocuments.pdf .
the discussion draft on transfer pricing documentation and country-bycountry reporting. More details at http://www.pwc.com/en_US/us/taxservices/publications/insights/assets/pwc-oecd-discussion-draft-tpdocumentation-cbc-reporting.pdf .
3
Contacts
If you would like to discuss any of the issues raised, please get in touch with your usual PwC
contact or any of the individuals listed here:
Name
Email
Telephone
Corporate Tax Advisory Services
Alan Ross
[email protected]
+65 6236 7578
Sunil Agarwal
[email protected]
+65 6236 3798
Nicole Fung
[email protected]
+65 6236 3618
Abhijit Ghosh
[email protected]
+65 6236 3888
Mahip Gupta
[email protected]
+65 6236 3642
Ho Mui Peng
[email protected]
+65 6236 3838
Lennon Lee
[email protected]
+65 6236 3728
Elaine Ng
[email protected]
+65 6236 3627
Shantini Ramachandra
[email protected]
+65 6236 3823
Ajay Sanganeria
[email protected]
+65 6236 3703
Tan Boon Foo
[email protected]
+65 6236 3632
Tan Ching Ne
[email protected]
+65 6236 3608
Tan Tay Lek
[email protected]
+65 6236 3768
Teo Wee Hwee
[email protected]
+65 6236 7618
Anuj Kagalwala
[email protected]
+65 6236 3822
Paul Lau
[email protected]
+65 6236 3733
Carrie Lim
[email protected]
+65 6236 3650
Lim Maan Huey
[email protected]
+65 6236 3702
David Sandison
[email protected]
+65 6236 3675
Tan Hui Cheng
[email protected]
+65 6236 7557
Yip Yoke Har
[email protected]
+65 6236 3938
Liam Collins
[email protected]
+65 6236 7248
Chris Woo
[email protected]
+65 6236 3688
Andy Baik
[email protected]
+65 6236 7208
Andrew Butcher
[email protected]
+65 6236 3623
Chai Sui Fun
[email protected]
+65 6236 3758
Paul Cornelius
[email protected]
+65 6236 3718
Lim Hwee Seng
[email protected]
+65 6236 3118
Brad Slattery
[email protected]
+65 6236 7308
Financial Services
Global Structuring
Indirect Tax (Goods and Services Tax)
Koh Soo How
[email protected]
+65 6236 3600
International Assignment Services
James Clemence
[email protected]
+65 6236 3948
Margaret Duong
[email protected]
+65 6236 3958
Girish Vikas Naik
[email protected]
+65 6236 3915
Ooi Geok Eng
[email protected]
+65 6236 7205
Worldtrade Management Services (Customs and International Trade)
Frank Debets
[email protected]
+65 6236 7302
Gregory Nichols
[email protected]
+65 6236 7333
This publication has been prepared for general guidance on matters of interest only, and does not constitute professional advice. You should not act upon the information contained in this
publication without obtaining specific professional advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this
publication, and, to the extent permitted by law, PricewaterhouseCoopers LLP, its members, employees and agents accept no liability, and disclaim all responsibility, for the consequences of
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