Payments That Are Subject to Withholding Tax
Introduction to Withholding tax in Singapore
Under the Singapore Income Tax Act, a Singapore entity or individual making payment(s) of a specified nature to a non-resident company or individual (known as payee) is required to withhold a percentage of that payment and remit the amount withheld (known as ‘Withholding Tax’) to Inland Revenue Authority of Singapore ("IRAS").
Non-resident company
In Singapore, the tax residency of a company is determined by the place in which the business is controlled and managed. A key factor in determining where the control and management is exercised is the location where the company’s Board of Directors meet to make strategic decisions.
A company is considered a tax resident in Singapore when the control and management of the company is exercised in Singapore. As such, a Singapore branch office of a foreign company is considered as a non-resident as its control and management is with its parent foreign company. It should also be noted that the place of incorporation does not necessarily indicate the company’s tax residency.
Non-resident individual
Meanwhile, a non-resident individual is an individual who is employed or physically present in Singapore for less than 183 days in a calendar year. For individuals, withholding tax is only required for non-resident professionals, non-resident public entertainers and non-resident directors.
A foreign professional is an individual exercising profession or vocation independently under a contract for service and not as an employee of a company. Examples of a foreign professional are as follows:
- A foreign expert invited by government bodies, statutory boards, or private organisations to impart their technical expertise in Singapore;
- A foreign speaker or academic conducting seminars or workshops;
- Queen’s Counsel;
- Consultant, trainer, coach; and
- An individual who operates through a foreign firm
A public entertainer includes:
- Stage, radio or television artiste and musician; and
- Athlete (sportsman in any sporting events or tournaments)
However, foreign individuals who work behind the scenes e.g. crew, choreographers, directors in the entertainment scene or horse trainers, coaches, personal trainers for sporting events are not considered as public entertainers.
A foreign professional/public entertainer is considered a non-resident when he/she is in Singapore for less than 183 days in a calendar year.
Details on withholding tax for non-resident directors are covered in another article here.
What is subject to withholding tax?
Withholding tax only applies to payments of specified nature and this is listed under Section 45 of the Singapore Income Tax Act. The rate of withholding tax depends on the nature of the payment. However, in cases where Singapore has entered into an Avoidance of Double Taxation Agreement (DTA) with the country where the non-resident resides, the rates specified in the DTAs of the respective countries would apply and the tax rate may be lower.
The types of payment and the applicable withholding tax rates can be referred in details here.
When to file and pay withholding tax?
The e-filing and payment of withholding tax are due on 15th of the second month from the date of payment to the non-resident. The date of payment is defined as the earliest of the following dates:
- When the payment is due and payable based on the agreement or contract, or the date of the invoice in the absence of any agreement or contract.
- When payment is credited to the account of the non-resident or any other account(s) designated by the non-resident
- The date of actual payment
Late penalty fees will be imposed when payment and filing are not received by the due date.
If the tax remains unpaid by the due date,
- A penalty of 5% will be imposed on the unpaid tax
- An additional penalty of 1% will be imposed if the tax remains unpaid within 30 days from the due date. This is imposed for each completed month that the tax remains unpaid, subject to a maximum penalty of 15%.
How to file?
From 1 July 2016, the withholding tax form can only be filed electronically via S45 e-Services. To access this e-Service, the payer must log in to myTax portal using CorpPass. It is an offence under Section 94(2) of the Income Tax Act if withholding tax is not filed electronically from 1 July 2016.
When e-filing, the payer must select the appropriate nature of payment.
Multiple payments for a single engagement
If a payer makes multiple payments within a 60 day period to the same non-resident professional or public entertainer in respect of the same engagement, the payer can consolidate the payments into one e-filing and payment to the IRAS. The due date for e-filing and payment would be 15th of the second month from the date of the last payment to the non-resident.
Claiming relief/exemption under the Avoidance of Double Taxation Agreement (DTA)
If the non-resident is residing in one of the countries which Singapore has entered a DTA with, the rates as specified in the agreement will be applicable instead of the current withholding tax rates. At at 1 January 2019, Singapore has 85 comprehensive ratified tax treaties.
Non-resident company may use the S45 Double Taxation Relief Tax Rate Calculator for Companies to determine if it is eligible for Double Taxation Relief/Exemption and find the applicable tax rate under the DTA.
Where tax treaty applies, the payer will have to
- Check the “Double Taxation Relief” box during e-filing.
- Obtain the original Certificate of Residence (COR) certified by the foreign tax authority from the non-resident payee.
- Submit the COR to IRAS by 31 March of the following year if the claim is for current year or within 3 months from the date that the withholding tax is e-filed if the claim is for preceding years.
On the other hand, non-resident professional may use the Tax Treaty Calculator for Non-Resident Professionals (Form IR586) to determine if he/she is eligible for tax treaty exemption.
Where tax treaty applies, the payer will have to
- Check the “Claim for relief under Avoidance of Double Taxation Agreement (DTA)” box during e-filing.
- Obtain a signed copy of Form IR586 from the non-resident professional. This is not required to be submitted to the IRAS unless requested. All documents and records are to be retained for 5 years.
Reference
IRAS page on types of Payment & the Applicable Withholding Tax Rates
Disclaimer: This guide 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 tax issue that they encounter, and this guide 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 guide is accurate, Enston 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.