Time allowed: 2 hours ____________________________________________________________________________________
INSTRUCTIONS TO STUDENTS:
1. This examination contains FOUR (4) questions and comprises EIGHT (8) printed pages (including cover page).
2. You must answer ALL questions.
3. All answers must be written in the answer book.
4. Included as an Appendix on Page 7 and 8 is a list of selected personal reliefs that you may use.
At the end of the examination Please ensure that you have written your examination number on each answer book used.
Failure to do so will mean that your work cannot be identified.
If you have used more than one answer book, please tie them together with the string provided.
THE UNIVERSITY RESERVES THE RIGHT NOT TO MARK YOUR SCRIPT IF YOU FAIL TO FOLLOW THESE INSTRUCTIONS.
ACC213 Copyright 2012 SIM University Page 2 of 8 Examination J uly Semester 2012 Question 1
a) Inland Revenue Authority of Singapore (IRAS) requires that the Estimated Chargeable Income of a Company be filed within 3 months from its accounting year end in order to benefit from the IRAS instalment plan for income tax payment. Explain the rationale for this policy. Suggest an improvement for tax revenue collection. (7 marks)
b) Section 10 of the Singapore Income Tax Act (ITA) lays the rules and scope of Singapores modified-territorial tax system. As such, tax is generally imposed on foreign income which has been received in or remitted into Singapore. Read the below-mentioned case carefully and assess the tax liabilities of Mr X.
Case
Mr X is a citizen of a socialist country who receives various types of income from his country. Mr X does not declare any of his income and hence is not taxed by his country. Mr X is not a tax resident of Singapore.
Mr X uses his income to buy raw materials through an affiliated company in his country and ships them to Singapore to be sold at a total cost of S$100,000 to three of his wholly-owned companies. These companies were set up purely for the purpose of benefiting from the IRAS full tax exemption scheme.
Mr Xs three companies in Singapore then resell the raw materials to third parties in Singapore for profits.
As a result of the above operations, each of Mr Xs three companies had to pay tax of S$17,000 for the year of assessment (YA) 2011.
Mr X resident rate in his country is 20%. Corporate income tax is 17% for YA 2011.
Explain the implications of Mr Xs actions with respect to IRAS, paying particular attention to Sections 10, 33, 96 and 96A of the ITA. Estimate the tax penalties imposed on Mr X, if applicable. (18 marks)
Question 2
You are the tax consultant for Mr Wu, a 40 year old Chinese National. He is an employee of a Chinese listed company posted to work in Singapore for a period of 180 days per year for the next consecutive three years, with effect from 1 st J anuary 2010.
He owns two private residential properties in Singapore which have similar annual values. Both properties are currently tenanted and their 3-year tenure tenancies are expiring on 31 st December 2010. He has renewed one of the two tenancies with the same terms and conditions as before. He intends to use one of the properties for his personal accommodation needs during his stay in Singapore.
ACC213 Copyright 2012 SIM University Page 3 of 8 Examination J uly Semester 2012
His personal, employment and expenditure details for the calendar year ended 31 st
December 2010 are forecasted as follows:
Employment & Personal Details Description S$ Remarks Total remuneration 180,000 To remain unchanged till Year of Assessment 2015. Total transport and accommodation allowances 60,000 Employer pays employee a fixed sum of S$5,000 per month to cover all of employees personal transport and accommodation needs. All other travel, transport and accommodation expenses incurred in the course of employment are fully reimbursed by the employer. Total rental income 240,000 Rental income derived from two identical properties. Fire insurance paid 5,000 For two identical private properties. MCST maintenance paid 20,000 For two identical private properties. Cost of tenancy renewal 10,000 For one private property. Cost of refurbishment 25,000 Incurred for his personal accommodation needs. Total value of stock options awarded 800,000 Based on 400,000 stock options valued @ S$2 each awarded on 31 st October 2006. Employee satisfied all vesting conditions imposed by employer as at 31 st October 2009. Employer does not impose selling restrictions. Employee exercised 200,000 stock options on 1 st
December 2010 when open market price of stock was S$6. Exercise price of stock option is S$2. Dependants n.a. No dependants
a) Categorise Mr Wus income into that which is taxable and that which is exempt. Estimate his tax payable for the Years of Assessment 2011 to 2014. (23 marks)
b) Identify how he can reduce his overall tax liabilities for the Years of Assessment 2012 to 2014 without breaching the provisions of the Singapore Income Tax Act. (2 marks)
All relevant supporting computations, schedules or assumptions must be shown for marks to be awarded.
ACC213 Copyright 2012 SIM University Page 4 of 8 Examination J uly Semester 2012 Question 3
To attract and retain foreign talent in Singapore, IRAS has implemented three schemes to assist them in reducing their overall tax liability while working in Singapore. These three schemes are the Area Representative Scheme, Dual Employment Scheme and Not Ordinary Resident Scheme.
J ane is a 45 year old employee of a US multi-national corporation (the corporation) listed on the New York Stock Exchange. She is the Head of Marketing for the corporations Asia Pacific Region (Apac). She was posted to Singapore on 1 st
J anuary 2010 to set up the corporations regional headquarters. As such, she had spent more than 183 days in Singapore for the Year 2010. However, she is unsure if she would spend more than 183 days in Singapore for the subsequent year.
You are the tax consultant for J ane. Her personal and employment details for the calendar year ended 31 st December 2010 were as follows:
Employment & Personal Details Description US$ Remarks Total remuneration 240,000 Remuneration is credited into J anes Citibank N.A. account in New York, USA. Total hardship allowances 72,000 Allowances are credited into J anes Citibank N.A. account in New York, USA. J ane uses the allowances mainly for rent of a private apartment and finance lease payments for a private car. All other expenditures incurred in the course of employment are fully reimbursed by the employer. Dependants n.a. Spouse is not a dependant. Sister is a dependant and is not employed. Two children: first child is 18 years old & married and second child is 5 years old. All dependants are able-bodied and staying together.
Additional information:
1) She spent 100 days outside Singapore in YA2011 for business reasons and is expected to do so for YA2012.
2) Her posting to Singapore is expected to stretch beyond YA2016.
3) Average USD/SGD used by IRAS for Year 2010 is 1.2556.
a) Demonstrate the calculation of J anes income tax by:
(i) Explaining which of the three schemes implemented by IRAS would she be under? Give a reason for your answer. (2 marks)
(ii) If she qualifies for the scheme mentioned under part (i) in the year of assessment (YA) 2011 and subsequently fulfils the IRAS Administrative
ACC213 Copyright 2012 SIM University Page 5 of 8 Examination J uly Semester 2012 Concession, which is to be taxed at resident rate for YA2012 and YA2013, how would her income be taxed for YA2014 to YA2017 if she continues to work in Singapore for less than 183 days a year for YA2014 to YA2017? (2 marks)
(iii) Estimate her tax payable for the Year of Assessment 2011. (11 marks)
b) Alexandra is a freelance tax advisory who speaks at many tax forums and seminars. He was recently invited to Singapore to speak at a tax forum organised by the Singapore Tax Academy. He will be paid fees for speaking at the forum and per-diem allowances. On top of that, hotel accommodation for a week and airfare to Singapore will be provided. Demonstrate the calculation of his tax liability in Singapore, clearly stating what will be taxed and what tax benefits and concessions he can enjoy. (10 marks)
All relevant supporting computations, schedules or assumptions must be shown for marks to be awarded.
ACC213 Copyright 2012 SIM University Page 6 of 8 Examination J uly Semester 2012 Question 4
Sally and Tammy started a retail business outlet together in the form of a partnership. Profits and losses are shared equally between them but Tammy does not draw a salary. Instead of taking a bank loan, capital was raised by borrowing from friends. In 2009, their business incurred a loss. Upon finalisation by the Comptroller, each partners share of the business loss and unabsorbed capital allowances for YA 2010 was $5,200 and $4,500, respectively.
Business improved in 2010, reflecting its performance in the following profit and loss account for the year ended 31 December 2010:-
Separately, Sally also received other income from providing freelance business consultancy services of $6,500 during the year.
Capital allowances for the year 2010 were calculated to be $12,500.
Compute the allocation of profits to the partners in 2010 and the assessable income of Sally and Tammy. (25 marks)
----- END OF PAPER ----- $ $ Sales
45,000 Less: COGS
(12,500)
Gross profit
32,500 Less: Expenses
Depreciation 5,200
Salary - Sally 4,500
Telecom 400
Postage 230
Bad debts written off 340
Interest - Borrowings 1,200
Transport 750
12,620
Net profit
19,880
ACC213 Copyright 2012 SIM University Page 7 of 8 Examination J uly Semester 2012 Supplementary instructions
The following information on personal reliefs and tax rebates can be used when answering the questions.
Selected Personal Reliefs, Tax Rebates & Tax Rates for Year of Assessment 2011
1. Earned income relief: Age Normal Handicapped Below 55 years $1,000 $2,000 55 to 59 years $3,000 $5,000 60 years and above $4,000 $6,000
2. Spouse relief: Normal Handicapped Wife or husband $2,000 $3,500
3. Parent/Handicapped Parent relief: Normal Handicapped Staying with Parent $7,000 $11,000 NOT staying with Parent $4,500 $8,000
4. Married/Divorced/Widowed Woman Foreign Maid relief: Twice the amount of foreign maid levy paid in 2010 up to a maximum of $6,360
Key or Non-key Appointment Holders Spouse of operationally ready NSman $750 Each parent of operationally ready NSman $750
6. CPF relief:
Employee Contribution Employer Contribution Capped at $15,300 $11,093
7. Life Insurance relief: Premiums paid on own life and wifes life insurance policies restricted to 7% of capital sum insured. No relief given if total employees CPF contributions >$5,000.
8. Child relief: Qualifying child relief (QCR): each qualifying child $4,000 Handicapped child relief (HCR): each qualifying child $5,500 Working mothers child relief (WMCR):
ACC213 Copyright 2012 SIM University Page 8 of 8 Examination J uly Semester 2012 1 st child 15% of mothers earned income 2 nd child 20% of mothers earned income 3 rd child and beyond 25% of mothers earned income Maximum per child (QCR/HCR +WMCR) $50,000 Total WMCR capped at 100% of mothers earned income
9. Course Fees relief: Up to $5,500 for eligible fees incurred on courses studies or seminars and conferences attended
10. One-off Personal Tax rebate: All tax residents are granted an income tax rebate of 20%, capped at $2,000. This tax rebate is computed based on the tax payable after double taxation relief (DTR) and other credits, but before set-off of the Parenthood Tax Rebate.
11. Parenthood Tax rebate: 1 st child $5,000 2 nd child $10,000 3 rd child and beyond $20,000 per child
12. Individual Income Tax rates: Rate (%) Gross Tax Payable ($) First $20,000 Next $10,000 0 3.5 0 350 First $30,000 Next $10,000 - 5.5 350 550 First $40,000 Next $40,000 - 8.5 900 3,400 First $80,000 Next $80,000 - 14 4,300 11,200 First $160,000 Next $160,000 - 17 15,500 27,200 First $320,000 Above $320,000 - 20 42,700 -