Singapore Tax News

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Budget for 2009 – details

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Treaty between Singapore and Belgium enters into force

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Treaty between Russia and Singapore approved by lower chamber of Russian parliament

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Treaty between India and Singapore – Indian ruling that referral fees treated as business profits, not royalty or technical service fees

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Treaty between India and Singapore – Indian decision on taxability of payments made to Singaporean company for conducting market study

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Treaty between Belgium and Singapore ratified

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Treaty between Singapore and Malta enters into force

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Treaty between Morocco and Singapore ratified

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Budget for 2008 – details

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The income tax treaty betweenSingapore-Estonia, which was signed on 18 September 2006, entered into force on 27 December 2007 and applies from 1 January 2008. The treaty was concluded in the Estonian and English languages, both texts being equally authentic. In the case of divergence of interpretation, the English text prevails. The treaty generally follows the OECD Model Convention

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Indian decision on residence status of Singaporean company if Indian resident holds substantial stake and source of all Singaporean company's investments in India

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Treaty between Singapore and Qatar enters into force and details

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Indian decision on the attribution of profits to dependent agent permanent establishment

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Treaty between Singapore and China (People's Rep.) signed

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Ruling that subscription fees for commercial portal taxable in India

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New case law on Japan-Singapore tax treaty and Japanese CFC provisions

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Budget 2007 – details

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Planned corporate tax cut

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Treaty between Singapore and Germany enters into force

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New treaty between Belgium and Singapore – details

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Protocol to treaty between Singapore and New Zealand enters into force

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Protocol to treaty between New Zealand and Singapore approved

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ATO to allow refunds of royalty withholding tax

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Indian decision that fees for (interior) designs or drawings do not constitute technical service fees or royalty under India-Singapore tax treaty

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Treaty between Singapore and Malta signed

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Treaty between India and Singapore – Singapore seeks further amendments re CGT

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The new income tax treaty and protocol between Singapore and Malaysia, signed on 5 October 2004, entered into force on 13 February 2006. In Singapore, the treaty will generally apply from 1 January 2007. In Malaysia, the treaty will apply in respect of petroleum income tax to income derived on or after 1 January 2008 and in respect other tax from 1 January 2007. From these dates, the new treaty generally replaces the Singapore and Malaysia income tax treaty of 26 December 1968.

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French Court of Appeals decision on debt waivers granted to branches of foreign subsidiary by French parent company published

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The Singapore Ministry of Finance has announced that following the completion of ratification formalities, the new income tax treaty between Singapore and Israel, signed on 19 May 2005, will enter into force as of 6 December 2005. The new treaty generally applies from 1 January 2006. From this date, the new treaty generally replaces the Singapore-Isreal income tax treaty of 27 September 1971.

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In McDermott Industries (Aust) Pty Ltd v. FCT, the taxpayer company argued that it was not required to withhold tax on bare boat charter payments that it made to a Singaporean company (S-Co). Australia's Federal Commissioner of Taxation sought to apply a rule that a deduction for a royalty subject to withholding tax is not available to the paying company, unless it has paid the withholding tax (in which case the deduction becomes available in the year in which the royalty was incurred). The taxpayer's position was that royalty withholding tax was not payable because S-Co had a deemed permanent establishment under the tax treaty between Australia and Singapore to which the royalties related.

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