Your company is a tax resident of Singapore when its control and management is exercised in Singapore. Under Singapore tax law, the tax residency of a company is determined by where the business is controlled and managed. The residency status of a company may change from year to year. Generally, a
company is considered a Singapore tax resident for a particular Year of Assessment (YA) if the control and management of its business was exercised in Singapore in the preceding calendar year. For example, a company is a Singapore tax resident for YA 2022 if the control and management of its business was exercised in Singapore for the whole of 2021. A company is a non-resident when the control and management of its business is not exercised in Singapore. 'Control and
management' is defined as the making of decisions on strategic matters, such as those concerning the company’s policy and strategy. Where the control and management of a company is exercised is a question of fact. Usually, the location of the company's Board of Directors meetings where strategic decisions are made determines where the control and management is exercised. Under certain scenarios, holding Board of Directors meetings in Singapore may not be sufficient and IRAS will consider all facts provided by the company to determine if the control and management of the business is indeed exercised in Singapore. Some examples of scenarios where the control and management of a company may be considered not exercised in Singapore include:
The place of incorporation of a company is not necessarily indicative of the tax residency of a company. Foreign-Owned Investment Holding CompaniesForeign-owned investment holding companies1, with purely passive sources of income or receiving only foreign-sourced income, are generally not considered tax residents of Singapore because these companies usually act on the instructions of its foreign companies/ shareholders. However, they may still be treated as Singapore tax residents if they can satisfy certain conditions. Non-Singapore Incorporated Companies and Singapore Branches of Foreign CompaniesNon-Singapore incorporated companies and Singapore branches of foreign companies are controlled and managed by their foreign parent. They are not considered tax residents of Singapore. However, they may still be treated as Singapore tax residents if they can satisfy certain conditions. How Tax Residency Affects Corporate Income TaxWhile tax resident and non-resident companies are generally taxed in the same manner, tax resident companies enjoy certain benefits, such as:
Certificate of ResidenceThe Certificate of Residence (COR) is a letter issued by IRAS to certify that the company is a tax resident of Singapore for the purpose of claiming tax benefits under the DTAs that Singapore has concluded with other jurisdictions. It is generally required by the foreign tax authority to prove that the company is a Singapore tax resident. Learn how to apply for a COR. Sole ProprietorshipThis is a business run by one individual for his or her own benefit. It is the simplest form of business organization. Proprietorships have no existence apart from the owners. The liabilities associated with the business are the personal liabilities of the owner, and the business terminates upon the proprietor's death. The proprietor undertakes the risks of the business to the extent of his/her assets, whether used in the business or personally owned. Single proprietors include professional people, service providers, and retailers who are "in business for themselves." Although a sole proprietorship is not a separate legal entity from its owner, it is a separate entity for accounting purposes. Financial activities of the business (e.g., receipt of fees) are maintained separately from the person's personal financial activities (e.g., house payment). Partnerships-General and LimitedA general partnership is an agreement, expressed or implied, between two or more persons who join together to carry on a business venture for profit. Each partner contributes money, property, labor, or skill; each shares in the profits and losses of the business; and each has unlimited personal liability for the debts of the business. Limited partnerships limit the personal liability of individual partners for the debts of the business according to the amount they have invested. Partners must file a certificate of limited partnership with state authorities. Limited Liability Company (LLC)An LLC is a hybrid between a partnership and a corporation. Members of an LLC have operational flexibility and income benefits similar to a partnership but also have limited liability exposure. While this seems very similar to a limited partnership, there are significant legal and statutory differences. Consultation with an attorney to determine the best entity is recommended. CorporationA corporation is a legal entity, operating under state law, whose scope of activity and name are restricted by its charter. Articles of incorporation must be filed with the state to establish a corporation. Stockholders' are protected from liability and those stockholders who are also employees may be able to take advantage of some tax-free benefits, such as health insurance. There is double taxation with a C corporation, first through taxes on profits and second on taxes on stockholder dividends (as capital gains). Small Business Corporation (S-Corporation)Subchapter S-corporations are special closed corporations (limits exist on the number of members) created to provide small corporations with a tax advantage, if IRS Code requirements are met. Corporate taxes are waived and reported by the owners on their individual federal income tax returns, avoiding the "double taxation" of regular corporations. Advantages/DisadvantagesSole Proprietorship
Partnership
Limited Liability Company
Corporation/S-Corporation
Which of the following statements is correct A One of the advantages of the corporate form of organization is that it avoids double taxation?TF: One advantage of the corporate form of organization is that it avoids double taxation. False: Corporations have double taxation. Proprietorships and partnerships do not have double taxation.
Which of the following is an advantage of the corporate form of organization?Answer and Explanation: An advantage of the corporate form of business organization is c. limited liability. A corporation is a separate legal entity and shareholders are only liable to the extent of their ownership.
Which of the following is one of the advantages of forming a corporation?The correct answer is a. One advantage of forming a corporation is that you have limited liability. A corporation is a separate legal entity from its owners. In case of bankruptcy, the liability of shareholders is limited to the amount of capital provided.
Which of the following are advantages of the corporate form of business ownership?The corporate form of organization offers several advantages, including limited liability for shareholders, greater access to financial resources, specialized management, and continuity.
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