How is BEPS likely to impact Singapore?

Similar documents
Singapore Income Tax Implications of the Adoption of FRS 115

Extension of Enhanced Tier Fund Tax Incentive Scheme

Clarifications on GST on Fund Management Fees

Tax Guidance on Court-free Amalgamation in Hong Kong Issued by IRD

Singapore Country-by- Country Reporting Requirements

Moving to Singapore. TTN Conference Hong Kong. Sanjay Iyer 27 February 2017 IYER PRACTICE SINGAPORE HONGKONG 20 YEARS IN PRACTICE. Moving to Singapore

New MAS Outsourcing Guidelines for Fund Managers and Other Financial Institutions

New Vehicles for Singapore Funds

Singapore s inward re-domiciliation regime now in operation

New Vehicles for Singapore Funds

Singapore Budget 2019 Extension and Enhancement to Fund Tax Incentive Schemes

Singapore Global Trader Programme

Cross Border Investments (inc. M&A) through Singapore

Singapore Budget 2016

Singapore Budget 2018

Singapore Budget 2015 SINGAPORE HONGKONG 20 YEARS IN PRACTICE IYER PRACTICE

When The Dust Has Settled (Part 1)

Investing In and Through Singapore

Cyprus Tax Update. Kyiv May 2018

THE FUTURE OF TAX PLANNING: TRANSPARENCY AND SUBSTANCE FOR ALL? Friday, 26 February AM PM Conrad Hotel, Hong Kong

Corporate Income Tax. Withholding Tax. Basis of Taxation. Exemptions. Corporate Tax Rebate (Temporary) Residence. Dividends 0 15*

CPA Esther Wahome. Thursday, 16 August 2018

IBFD Course Programme Current Issues in International Tax Planning

INTERNATIONAL TAX PLANNING. Singapore Domestic Law And Treaties SHANKER IYER FCA

IBFD Course Programme BEPS Country Implementation

IBFD Course Programme Current Issues in International Tax Planning

The OECD s 3 Major Tax Initiatives

Headline Verdana Bold International Tax matters ICPAU Tax Seminar, Hotel Africana November, 2017

IBFD Course Programme International Tax Planning after BEPS and the MLI

Simplifying BEPS Action Plan

32nd Annual Asia Pacific Tax Conference November 2016 JW Marriott Hotel Hong Kong

A small country perspective on international taxation Ann Nolan, Second Secretary General, Ministry of Finance, Ireland Oxford University Centre for

FUND MANAGERS & FINANCIAL ADVISERS - SINGAPORE REGULATORY AND TAX FRAMEWORK

Responsible tax and international trends in taxation. The impact on BEPS, AEOI, and tax havens

International Tax. international tax developments in the Asia Pacific region. February 2015

IP BOX TAX REGIMES. Rod Donnelly Thursday, September 14, 2017

The OECD report on base erosion and profit shifting (BEPS) and EU measures against aggressive tax planning and tax fraud

Korean Tax Update BEPS Implementation

BASE EROSION AND PROFIT SHIFTING ISSUES : THAILAND

BEPS and its impact on Mergers & Acquisitions

Asia-Pacific update. TEI International Tax Planning Houston. 21 February 2017

Base erosion & profit shifting (BEPS) 25 May 2016

7th Global Headquarters Conference Swiss Tax Update in the international context

M&A OUTLOOK - POST BEPS. International Tax Refresher Course

Exchange of Information and Tackling Base Erosion and Profit Shifting

BEPS Country-by-Country Reporting Rules and New Documentation Requirements

The International Tax Landscape

International trends in taxation of capital and financial products and the impact on Thai Business

Impact of BEPS and Other International Tax Risks on the Jersey Funds Industry

Topics in International Taxation: Partner country perspectives

BEPS Impact on Manufacturing

Practical Implications of BEPS

Global FS view on BEPS latest developments for asset managers. Event Date: Thursday 22 October Event Time: 9am EDT/3pm CET

LIVE WEBCAST UPDATE ON BEPS PROJECT. 26 May :00pm 2:00pm (CEST)

Hong Kong SAR Government s Roadmap following the outcomes of the BEPS Consultation

Hong Kong s OECD BEPS Associate status requires implementation of BEPS minimum standards

Overview of OECD Action Plan on Base Erosion and Profit Shifting (BEPS)

Presentation by Shigeto HIKI

32nd Annual Asia Pacific Tax Conference November 2016 JW Marriott Hotel Hong Kong

CA T. P. OSTWAL. T. P. Ostwal & Associates LLP

Transfer pricing of intangibles

Base Erosion and Profit Shifting (BEPS) in Asia

Insurance Tax Insight The Global Tax Reset: BEPS & Insurance

Moshe Bina, Senior Manager, International Taxation Department, Deloitte Israel

Tax Obstacles in Cross Border Planning

Intellectual property in the age of BEPS

China & Hong Kong Latest Transfer Pricing Developments

Deloitte TaxMax The 43 rd series One bold step in the right direction. Theresa Goh & Subhabrata Dasgupta l 22 November 2017 By Deloitte Tax Academy

Asia Pacific Customs and Trade Conference

BEPS and ATAD: Where do we stand?

The UAE has joined the Inclusive Framework on BEPS

EU state aid and other developments. 18 November 2016

SUBSTANCE IS KING IN THE NEW WORLD ORDER TAX EXECUTIVES INSTITUTE, INC. MARCH 1, 2018

Key Hong Kong Tax Develop ments. 27 February 2017

Next Generation Fund Structuring Are you ready? 10 May 2017

TRANSNATIONAL TAX NETWORK 2015 HONG KONG CONFERENCE. Hong Kong 9 February David Russell QC Outer Temple Chambers London and Dubai

Allocation of income post-beps

BUSINESS MODELS IN THE CURRENT BEPS ENVIRONMENT DO YOU NEED TO CHANGE? Lyndon James, Partner Pete Rhodes, Senior Manager PwC

A rapidly changing tax landscape Recent Asian tax developments

International Taxation Recent Developments in India

Asia Newsletter. Special Edition - BEPS in Asia

European Commission publishes Anti Tax Avoidance Package

IBFD Course Programme Principles of International Taxation

ACTL Conference on REITs

OECD releases final BEPS package

Principles of International Taxation

KPMG FLASH NEWS. BEPS - OECD Releases reports on 7 out of 15 action points. Background. 17 September KPMG in INDIA

BEPS Beyond Fortune 1000 October Armanino LLP amllp.com Armanino LLP amllp.com

BASE EROSION AND PROFIT SHIFTING

International tax challenges for Asia and the G20: Competition and coordination. Professor Miranda Stewart

תמונת מצב עדכנית ומבט ישראלי - BEPS

Recent and expected tax changes in Bulgaria and Greece important for cross-border operations

2015 International Tax Developments December 3, 2015

Hong Kong SAR Government previews forthcoming BEPS legislation

SMU-TA Centre for Excellence in Taxation Inaugural Conference Tax Structures using Branches and Hybrid Entities Moving with the times

BEPS: What does it mean for funds and asset managers?

OECD action plan on BEPS: the impact for the Asset Management industry from a China / Hong Kong perspective

- Simplification rule for pure intermediary companies : remuneration

Answer-to-Question- 1

Anti Avoidance Rules and Treaty Shopping (including Limitation of Benefits) CA Sanjay Tolia. December 2014

Transcription:

How is BEPS likely to impact Singapore? TTN Hong Kong Conference 2016 22 February 2016 Shanker Iyer SINGAPORE HONGKONG 20 YEARS IN PRACTICE

BACKGROUND Background Singapore not an OECD member, but closely monitors BEPS Singapore MoF officially supports BEPS However, emphasizes Singapore s investment friendly and tax competitive status will not change Singapore has already addressed some of the BEPS issues within its domestic law. 2

IMPORTANT ACTIONS FOR HEADQUARTER/HOLDING OPERATIONS Important Actions for headquarter / holding operations Action 2: Hybrid mismatch Action 4: Interest deductions Action 5: Harmful tax practices Action 6: Preventing treaty abuse Actions 8-10, 13: Transfer Pricing Actions 12 and 15 3

ACTION 2: HYBRID MISMATCH Action 2: Hybrid mismatch Potential use of Section 33 of Singapore Income Tax Act to disregard transactions structured with abusive intent May 2014 e-tax Guide: Discusses characterization/tax treatment of hybrid instruments Provides for advance rulings Case e.g. Dividend income exempt in SingCo / Interest payment deductible in LuxCo - How would Action 2 apply if an advance ruling obtained? 4

ACTION 4: INTEREST DEDUCTIONS Action 4: Interest deductions 2015 Singapore TP Guidelines Focus on arm s length interest on related party loans Does not subscribe to formulaic interest deductions Payments made to entities in haven jurisdictions will attract scrutiny 5

ACTION 5: HARMFUL TAX PRACTICES Action 5: Harmful tax practices Singapore tax incentive schemes People requirements (see next slide) Not featured in list of 43 preferential regimes reviewed by the OECD s Forum How does for e.g. PIC scheme compare to UK patent box/dutch innovation box? Automatic exchange of information ( AEoI ) Singapore increasing its EOI agreements Committed to implement AEoI by 2018 6

ACTION 5: HARMFUL TAX PRACTICES Action 5: Harmful tax practices Singapore incentives Headquarters award Development and expansion incentive Global trader program Financial sector incentive People Activities Other requirements 75% skilled staff At least 3 headquarter services -- Manufacturing or growing leadingedge activities in Singapore Employ trading professionals Employ qualified professionals Substantial international physical trading activities Fund Management activities Minimum average remuneration per worker Contribution to the innovation capabilities Local business spending; use local financial services -- 7

ACTION 5: HARMFUL TAX PRACTICES Action 5: Harmful tax practices Case examples Singapore IP owner/contract R&D activities to India where does substance lie? Acquire IP into Singapore, claim W/D allowance, license out and earn royalty income, obtain treaty benefits.. 8

ACTION 6: PREVENTING TREATY ABUSE Action 6: Preventing treaty abuse Anti-abuse rules adopted in Singapore treaties LOB (remittance) clause in many treaties: Korea, Japan, Netherlands; Singapore China: domestic anti-abuse rule can be applied/main purpose test for dividend, interest and royalties Singapore Japan: treaty benefits not granted in source country if tax exempt and no actual activities in residence country Singapore India: (Protocol) Primary purpose test / Conduit company clause 9

ACTIONS 8-10, 13: TRANSFER PRICING Actions 8-10, 13: Transfer Pricing 2015 release of Singapore TP Guidelines OECD/BEPS aligned Group file and local file recommendations Focus on intra-group loans and services (including cost contribution arrangements) 5% safe harbor for low value added services Will Singapore implement in CbCR? 10

ACTIONS 12 AND 15 Actions 12 and 15 Action 12: Mandatory disclosure rules if Singapore investment holdco set up for treaty purposes, will this potentially need to be disclosed? Action 15: Multilateral instrument Will Singapore participate? 11

OTHER ACTION PLANS Other action plans Action 1 Digital economy Action 3 CFC rules Action 7 Permanent establishments Action 11 BEPS data collection Action 14 Dispute resolution 12

WHAT WILL BEPS MEAN? What will BEPS mean? Increased scrutiny More disclosure Substance! 13

Q&A 14

Services International & Domestic Tax Company Formation & Administration Trusts & Foundations Immigration & HR The insight to be your trusted adviser Regulatory & Compliance Accounting & Financial Reporting 15

Contact Us Shanker Iyer Email shanker@iyerpractice.com Phone +65 6532 5746 Mobile +65 9760 6488 80 Raffles Place #26-01 UOB Plaza 1 Singapore 048624 Sanjay Iyer Email sanjay@iyerpractice.com Phone +852 2529 9952 Mobile +852 9355 3495 Unit 29E, 29/F Admiralty Centre Tower 1 18 Harcourt Road, Admiralty Hong Kong Sunil Iyer Email sunil@iyerpractice.com Phone +65 6532 5746 Fax +65 6532 7680 80 Raffles Place #26-01 UOB Plaza 1 Singapore 048624 To keep yourself updated on new developments in Singapore and Hong Kong, please subscribe online to our free quarterly newsletter via our website: iyerpractice.com Disclaimer: This presentation of slides is intended as a general guide only, and the application of its contents to specific situations will depend on the particular circumstances involved. Accordingly, readers should seek appropriate professional advice regarding any particular problems that they encounter, and this presentation should not be relied on as a substitute for this advice. While all reasonable attempts have been made to ensure that the information contained in this presentation is accurate, Iyer Practice accepts no responsibility for any errors or omissions it may contain, whether caused by negligence or otherwise, or for any losses, however caused, sustained by any person that relies on it. 16