Singapore company incorporation
Most of the Singapore company incorporation is done in a form of a private company. Major restrictions of the private company include restrictions to transfer its shares; maximum number of shareholders is limited to 50; any public subscription of shares or deposits are prohibited.
A name of a limited liability private company has to include the following abbreviation – Pte Ltd.
Procedure for Singapore company registration
The procedure of a Singapore company formation is as following:
In the beginning of every year we issue an annual invoice for S$1,050 to cover renewal fees which includes registered office and company secretary of a Singapore company.
Minimum capital requirement for a Singapore company
Shareholders must subscribe at least for two shares. 0.2% of stamp duty is charged on authorised share capital of a Singapore company.
Shares at a Singapore company
There are the following classes of shares that can be issued by a company:
Share premium is not allow in Singapore.
Proper instrument of share transfer is required to register the transfer of shares in a Singapore company.
Directors of a Singapore company
Minimum number of directors is one which must be a Singapore citizen or a resident of Singapore to start a Singapore company registration. There is no restriction for foreign nationals to act as a director of a Singapore company.
Corporate directors are not allowed in Singapore.
An annual general meeting of directors of s Singapore company must be held and not more than 15 months after the previous one.
Shareholders of a Singapore company
There should be at least one shareholder to start a Singapore company formation. There are no restrictions for foreign individuals or corporate body to be a shareholder of a Singapore company. Number of shareholders of private company is limited to 50.
Secretary of a Singapore company
It is obligatory to have a secretary for a Singapore company. Secretary could be a natural person who is a resident of Singapore. The company secretary is responsible for keeping and filing corporate document with ACRA.
Registered office
Every company in Singapore has to have a registered office where a register of directors, shareholder, secretary and minutes of general and director meetings are kept. All changes has to be filed with ACRA within a month from a date of a change.
Accounts of a Singapore company
Every company in Singapore has to keep accounts. Accounts of the Singapore company have to be audited on an annual basis. Some exemptions apply for exempt private companies.
Tax System of Singapore
Below are the major taxes in Singapore
Taxable Income
Singapore operates territorial taxation principle. The major difference with Hong Kong is that in Singapore the payment against sales invoices can be channelled through Singapore unless losing the offshore tax status. Therefore, the following income is taxed in Singapore:
Sales proceeds received in Singapore relating to sources outside of Singapore change the status of outside of Singapore income and become subject to income tax in Singapore
There are certain exemptions available from income tax as following:
Residence test for companies in Singapore
A company is a resident of Singapore if management and control is exercised from Singapore.
Residents are taxed on income accrued in, or derived from Singapore and sales proceeds relating to outside of Singapore income recived in Singapore.
Difference of tax treatment for income from different sources
Foreign source income is exempt from income tax if not remitted to Singapore.
Income is not considered to be derived from Singapore if
Singapore source income is subject to income tax.
Taxation of dividends
Foreign dividend income is exempt from income tax.
Taxation of royalties
Royalty income received is subject to income tax. Foreign source royalty income is exempt from income tax unless remitted to Singapore.
Royalty paid to non-residents of Singapore is subject to withholding tax of 15% unless it is regulated a Double Tax Treaty.
Taxation of interest
Interest received is subject to income tax. The tax system of Singapore does not have a separate tax treatment for foreign or Singapore source interest income.
Interest paid to non-residents of Singapore is subject to withholding tax of 15% unless it is regulated a Double Tax Treaty.
Capital Gains
There is no capital gain tax in Singapore.
Corporate income tax
Corporate income tax rate in Singapore is 18% for 2009 and 17% for 2010.
Partial tax exemption is available for new start-up companies (for first three consecutive years). The exemption is calculated as following:
Certain conditions apply as at least one of shareholder is a natural person holding not less than 10% of issued share capital.
Stamp duties
Stamp duty on transactions with securities is 0.2%
Stamp duty exemption applied to offshore loan agreements and some other documents
Net worth tax
There is no net worth tax in Singapore.
International aspects of Singapore taxation
Anti-avoidance regulation
Singapore tax code is following OECD recommendations.
Transfer pricing
There is no specific legislation in Singapore tax code. However, arm’s length test will apply to related party transactions.
System of Double Tax Treaties
Singapore signed more than 60 Double Tax Agreements (DTA) which can be successfully used for an international tax planning.