Singapore Government
Ministry Of Finance  
 
Home
|
About Us
|
Services
|
Publications
|
News
|
Careers
|
Useful Links
|
FAQ
  | Public Consultation
   
  Public Consultation
 
 
 
   

 

  Home > Public Consultation > Archives  
     
 
 

PUBLIC CONSULTATION ON DRAFT INCOME TAX (AMENDMENT) BILL 2005

 
  INSIDE
navgap
  Public Consultation on Draft Income Tax (Amendment) Bill 2005
navgap
  Documents To Download
navgap
     
navgap
  RELATED LINKS
navgap
  Press Release
navgap
  Government Consultation Portal
navgap
  Budget 2005 Statement
navgap
  Archives
navgap
 
SUMMARY TABLES

Note: You may download the summary tables, as well as other relevant documents here.

 
BUDGET 2005 TAX CHANGES
s/n. Tax Change Brief description of tax change
Amendment to Income Tax Act
Explanation for Amendment
1 Reduction in Personal Income Tax (PIT) rates The top PIT rate will be reduced to 21% for the year of assessment (YA) 2006, and then to 20% for YA2007. The marginal tax rates of the other income brackets will also be correspondingly reduced.
Second Schedule
Part A


[Clause 45]
Clause 45 amends Part A of the Second Schedule to provide for the tax rates applicable to a resident individual or a Hindu joint family for YA 2006.
2 Introduction of carry-back of capital allowances (CAs) and trade losses With effect from YA 2006, the unutilised CAs and trade losses of any person will, subject to conditions, be allowed to be carried back for set-off against assessable income of the person for the YA immediately preceding the YA relating to the basis period in which the CA was granted or trade loss was incurred. In certain cases, the set off may be granted against the spouse’s assessable income for the immediate preceding YA.

Further details will be released in an IRAS circular by June 05.
Sections 2, 10D(2), 10H(1), 23(3), 36A(4), 36A(10), 37(5), 37E & 37F

[Clauses 2(b), 5, 6, 18(a), 20, 22(c)& 26]
Clause 26 inserts new sections 37E and 37F. The new section 37E provides for a one-year carry-back of current year unutilised CAs and trade losses, subject to among other conditions, a cap of $100,000. The new section 37F provides for carry-back of current year unutilised CAs and trade losses between spouses in certain cases.

Clause 2(b) makes a consequential amendment to the definition of “earned income” in Section 2 arising from the insertion of new sections 37E and 37F by clause 26.

Clauses 5 and 6 amend Sections 10D(2) and 10H(1), respectively, arising from the insertion of new section 37F by clause 26 to clarify that certain allowances and losses under those sections are not to be transferred between spouses under section 37F.

Clause 18(a) makes a consequential amendment to Section 23(3) arising from the insertion of new sections 37E and 37F by clause 26.

Clause 20 makes consequential amendments to Section 36A(4) and 36A(10) arising from the insertion of new sections 37E and 37F by clause 26.

Clause 22(c) makes a consequential amendment to Section 37(5) arising from the insertion of new sections 37E and 37F by clause 26.
3 Provision for a reduced rate of tax on gross amount of distribution by Real Estate Investment Trust (REIT) to foreign non-individual unitholders & provision for deduction of tax at the appropriate rate from gross amount of REIT distribution To attract foreign non-individual investors to participate in our REITs market, the tax rate on gross amount of distribution made during the period from 18th February 2005 to 17th February 2010 by a trustee of REIT offered to public for subscription and listed on Singapore Exchange to qualifying foreign non-individuals unitholders is reduced from 20% to 10%. The tax computed based on 10% of the gross amount of distribution is a final tax.

In addition, tax is to be deducted at the appropriate rate from gross amount of distribution made by a trustee of REIT offered to public for subscription and listed on Singapore Exchange to certain unitholders.
Sections 43(3B), (10), 45G, 46(1) & 48(5)

[Clauses 29, 37, 38 & 39]
Clause 29 inserts a new subsection (3B) to section 43 to provide for a final rate of tax of 10% to be paid on gross amount of distribution made during the period from 18th February 2005 to 17th February 2010 by a trustee of REIT to qualifying foreign non-individuals.

Clause 37 inserts a new section 45G to provide for tax to be deducted from any distribution made on or after 18th February 2005 by a trustee of REIT at the rate of 10% to qualifying foreign non-individuals, and at the rate specified in section 43(1)(a) to certain other persons who do not fall within a specified exclusion list.

Clause 38 amends section 46 by inserting a new paragraph (d) to subsection (1) to provide that any tax which a trustee of REIT has deducted from any distribution made to certain person under the new section 45G(1)(b) shall be set-off for collection against tax charged on the chargeable income of that person, provided that the distribution from which the tax has been deducted is included in the chargeable income of that person.

Clause 39 makes a consequential amendment to section 48(5) arising from the insertion of new section 43(3B) by clause 29.
4 Extension of existing incentive for qualifying debt securities (QDS) and tax exemption for individuals in respect of locally sourced investment income, to amount payable from Islamic debt securities To encourage growth of Islamically structured transactions in Singapore, the QDS scheme will be expanded to cover amount payable from Islamic debt securities. This will apply to such securities which are QDS issued from 1st January 2005 to 31st December 2008. With effect from 1st January 2005, the tax exemption on locally sourced investment income derived by individuals, will also be extended to include any amount payable from Islamic debt securities. The existing conditions for QDS scheme and locally sourced investment income will continue to apply to amount payable from Islamic debt securities.
Sections 13(1), (2B), (16), 42(6), (7), (8) 43N(1), (2), (4) & 45A(2A) & (3)

[Clauses 10(b), (f), (g), (h),28(c), (e), (f), (g), 34 & 36]
Clause 10 amends section 13 —
(i) to insert a new paragraph (ab) to subsection (1) to exempt from tax amount payable to certain non-residents from certain Islamic debt securities;

(ii) to insert new subsection (1)(zf) to exempt from tax amount payable to certain individuals from certain Islamic debt securities;

(iii) to insert a new subsection (2B) to exclude certain amounts payable from Islamic debt securities from tax exemption under new section 13(1)(ab);

(iv) to insert a new definition of the term “Islamic debt securities” arising from the insertion of new subsection (1)(ab) by clause 10(b).

Clause 28 amends section 42 —
(i) to insert a new paragraph (c) to subsection (6) to provide for an amount payable to a body of persons from Islamic debt securities which are qualifying debt securities issued during the period from 1st January 2005 to 31st December 2008 to be taxed at the rate of 10%, subject to conditions specified under subsection (7);

(ii) to make a consequential amendment to subsection (7) arising from the insertion of paragraph (c) to subsection (6) by clause 28(c);