Income Tax Act

(Original Enactment: Ordinance 39 of 1947)

(1st January 2008)
An Act to impose a tax upon incomes and to regulate the collection thereof.
[1st January 1948]
Short title
1.  This Act may be cited as the Income Tax Act.
2.—(1)  In this Act, unless the subject or context otherwise requires —
“account with the electronic service”, in relation to any person, means a computer account within the electronic service which is assigned by the Comptroller to that person for the storage and retrieval of electronic records relating to that person;
“accountant” means a public accountant within the meaning of the Accountants Act (Cap. 2);
“advocate and solicitor” means an advocate and solicitor within the meaning of the Legal Profession Act (Cap. 161);
“annual value” has the same meaning as in section 2 of the Property Tax Act (Cap. 254) and shall be ascertained in the same manner as annual value is ascertained under that Act;
“approved pension or provident fund or society” means a pension or provident fund or society approved by the Comptroller under section 5;
“authentication code”, in relation to any person, means an identification or identifying code, a password or any other authentication method or procedure which is assigned to that person for the purposes of identifying and authenticating the access to and use of the electronic service by that person;
“basis period” for any year of assessment means the period on the profits of which tax for that year falls to be assessed;
“body of persons” means any body politic, corporate or collegiate, any corporation sole and any fraternity, fellowship or society of persons whether corporate or unincorporate but does not include a company or a partnership;
“Commonwealth”, in relation to a country, means any country recognised by the President to be a Commonwealth country and “part of the Commonwealth” means any Commonwealth country, colony, protectorate or protected state or any other territory administered by the government of any Commonwealth country;
“company” means any company incorporated or registered under any law in force in Singapore or elsewhere;
“Comptroller” means the Comptroller of Income Tax appointed under section 3(1) and includes, for all purposes of this Act except the exercise of the powers conferred upon the Comptroller by sections 67(1)(a), 95, 96, 96A and 101, a Deputy Comptroller or an Assistant Comptroller so appointed;
[29/2010 wef 22/11/2010]
“country” includes a territory;
“crops” includes any form of vegetable produce;
“earned income” means the statutory income of an individual or a Hindu joint family, reduced by any deduction made under section 37(3)(a) or 37E or claimed under section 37D (excluding any donation referred to in section 37D(8)(c)) or 37F from —
(a)gains or profits from any trade, business, profession, vocation or employment on which tax is payable under section 10(1), where the Comptroller is satisfied that such gains or profits are immediately derived from the carrying on or exercise by such individual or Hindu joint family, as the case may be, of such trade, business, profession, vocation or employment; and
(b)any pension on which tax is payable under section 10(1)(e) given to the individual in respect of the past services of such individual or any deceased individual;
“electronic record” has the same meaning as in the Electronic Transactions Act (Cap. 88);
“electronic service” means the electronic service provided by the Comptroller under section 8A(1);
“employee”  —
(a)in relation to a company, includes a director of the company; and
(b)in relation to a statutory board, includes the chairman and any member of the statutory board,
and “employer” and other cognate expressions shall be construed accordingly;
“executor” means any executor, administrator or other person administering the estate of a deceased person;
“Fund Manager” or “fund manager” means a company holding a capital markets services licence under the Securities and Futures Act (Cap. 289) for fund management or that is exempted under that Act from holding such a licence;
“goods” includes currency and specie;
“harvesting” includes the collection of crops, however effected;
“Hindu joint family” means what in any system of law prevailing in India is known as a Hindu joint family or a co-parcenary;
“incapacitated person” means any infant, lunatic, idiot or insane person;
“institution of a public character” has the same meaning as in the Charities Act (Cap. 37);
“issued shares” excludes treasury shares;
“life annuity” means an annuity payable under a policy issued to an SRS member for a term ending with, or at a time ascertainable only by reference to, the end of his life;
“limited liability partnership” means any limited liability partnership incorporated or registered under any law in force in Singapore or elsewhere;
“limited partnership” means a limited partnership registered or formed under any law in force in Singapore or elsewhere;
“local forces” means the Singapore Armed Forces and any volunteer or reserve forces attached thereto;
“permanent establishment” means a fixed place where a business is wholly or partly carried on including —
(a)a place of management;
(b)a branch;
(c)an office;
(d)a factory;
(e)a warehouse;
(f)a workshop;
(g)a farm or plantation;
(h)a mine, oil well, quarry or other place of extraction of natural resources;
(i)a building or work site or a construction, installation or assembly project,
and without prejudice to the generality of the foregoing, a person shall be deemed to have a permanent establishment in Singapore if that person —
(i)carries on supervisory activities in connection with a building or work site or a construction, installation or assembly project; or
(ii)has another person acting on that person’s behalf in Singapore who —
(A)has and habitually exercises an authority to