Income Tax (Concessionary Rate of Tax for Approved Offshore General Insurance Companies) Regulations

Income Tax Act

(Chapter 134, Section 43C)

Income Tax (Concessionary Rate of Tax
for Approved Offshore General
Insurance Companies) Regulations

Rg 26

REVISED EDITION 1996

(5th May 1995)

[5th May 1995]

Citation

1. These Regulations may be cited as the Income Tax (Concessionary Rate of Tax for Approved Offshore General Insurance Companies) Regulations and shall have effect for the year of assessment 1996 and subsequent years of assessment.

Definitions

2. In these Regulations —

“approved insurance company” means any insurance company approved under regulation 3;

“capital allowances” means the allowances under section 19, 19A, 20, 21, 22 or 23 of the Act;

“interest from ACU deposits” means interest derived from deposits with an Asian Currency Unit in Singapore;

“offshore general insurance business” means the business (other than the business of life insurance) of insuring and reinsuring offshore risks;

“offshore investments” means —

(a)	stocks and shares denominated in any foreign currency of companies not incorporated and not resident in Singapore;
(b)	securities, other than stocks and shares, denominated in any foreign currency (including bonds, notes, certificates of deposit and treasury bills) issued by foreign governments, foreign banks outside Singapore and companies not incorporated and not resident in Singapore;
(c)	futures contracts denominated in any foreign currency made in any futures exchange;
(d)	any immovable property situated outside Singapore;
(e)	certificates of deposit, notes and bonds issued by Asian Currency Units in Singapore;
(f)	Asian Dollar Bonds approved under section 13(1)(v) of the Act; and
(g)	foreign currency deposits with financial institutions outside Singapore.

Approval of insurance company

3. The Minister or such person as he may appoint may, upon application by any insurance company registered under the Insurance Act [Cap. 142] to carry on general insurance business only and if he considers it expedient in the public interest to do so, approve the insurance company for the purposes of these Regulations where —

(a)	the insurance company has on 5th May 1995 been carrying on offshore general insurance business and the application is made not later than 31st December 1995; or
(b)	the insurance company commences to carry on offshore general insurance business after 5th May 1995 and the application is made within 3 months after the date of commencement of such business.

Concessionary rate of tax

4.—(1) Taxshall be payable at the rate of 10% on the following income derived by an approved insurance company:

(a)

the income derived from accepting general insurance covering offshore risks and reinsurance covering offshore risks;

(b)

the dividends and interest derived from outside Singapore, the gains or profits realised from the sale of offshore investments, and interest from ACU deposits derived from —

(i)	subject to paragraph (2), the investment of its insurance fund established and maintained under the Insurance Act [Cap. 142] for the offshore general insurance business; and
(ii)	the investment of its shareholders’ funds established in Singapore which are used to support the offshore general insurance business as ascertained under regulation 5.

(2) Where the Comptroller is satisfied that any part of the insurance fund referred to in sub-paragraph (b)(i) of paragraph (1) is not required to support the offshore general insurance business of an approved insurance company, he may adopt such reduced amount of the dividends, interest and gains or profits under that sub-paragraph as appears to him to be reasonable in the circumstances.

Calculation of dividends, interest and gains from sale of offshore investments

5.—(1) The dividends and interest under regulation 4(1)(b)(ii) derived by an approved insurance company for the basis period for any year of assessment shall be ascertained by the formula —

where

P_o is the amount of the gross premiums received or receivable during the basis period in respect of policies underwritten by the approved insurance company in the course of carrying on its business in Singapore from the offshore general insurance business;

P_i is the amount of the gross premiums received or receivable during the basis period in respect of policies underwritten by the approved insurance company in the course of carrying on its business in Singapore from the general insurance business other than offshore general insurance business;

I is the total amount of dividends and interest derived from Singapore and elsewhere by the approved insurance company during the basis period from the investment of its shareholders’ funds established in Singapore less any expenses directly attributable to the production of such dividends and interest allowable under the Act;

X is —

(a)

(b)

Y is the total amount of dividends and interest derived from Singapore (but excluding interest from ACU deposits) by the approved insurance company during the basis period from the investment of its shareholders’ funds established in Singapore, less any expenses directly attributable to the production of such dividends and interest allowable under the Act.

(2) The gains or profits from the sale of offshore investments under regulation 4(1)(b)(ii) derived by an approved insurance company for the basis period for any year of assessment shall be ascertained by the formula —

where

P_o and P_i have the same meanings as in paragraph (1); and

K is the net amount (after deducting losses from the gains or profits) realised during the basis period from the sale of offshore investments acquired by the approved insurance company using its shareholders’ funds established in Singapore less any expenses directly attributable to the production of such gains or profits allowable under the Act.

(3) For the purposes of paragraphs (1) and (2), where the Comptroller is satisfied that any part of the shareholders’ funds of the approved insurance company is not required to support its offshore general insurance business, he may adopt such reduced amount of I or K as appears to him to be reasonable in the circumstances.

Apportionment of expenses, allowances and donations

6. Any item of expenditure not directly attributable to the offshore general insurance business of an approved insurance company, and capital allowances and donations, allowable to the insurance company under the Act, shall be apportioned between such business and the other general insurance business of the approved insurance company; and the portion attributable to such business shall be ascertained by using the fraction —

where P_o and P_i have the same meanings as in regulation 5.

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