According to section 2 of ITA (Income Tax Act), the residency status of a company is dependent on the location where the control and management of its business is exercised. As control and management of a company is vested with the board of directors, therefore the place where the board meets is the place where management and control is exercised.
Question:
Is a Singapore branch of a foreign company a tax resident in Singapore?
Answer:
No.
Benefits of being a resident company:
1. It is entitled to benefits conferred under the Avoidance of Double Taxation Agreements (DTA) that Singapore has concluded with treaty countries.
2. It can enjoy tax exemption on foreign-sourced dividends, foreign branch profits, and foreign-sourced service income under section 13(8) of ITA.
3. It can enjoy tax exemption scheme for new start-up companies.
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