Guide On Setting Up A Business Or Expanding Into Singapore

CST    |   18 Nov 2024   |   1 min read

CONSIDERING EXPANDING YOUR BUSINESS TO SINGAPORE?

Singapore is a popular location for global businesses, offering a strategic location, robust legal framework, stable government, highly regulated financial system, and pro-business environment.

Whether you’re from Australia, the US, UK, or elsewhere, setting up a business in Singapore offers numerous advantages that make Singapore an appealing location.

ONLINE GUIDE – SETTING UP OR EXPANDING YOUR BUSINESS TO SINGAPORE

We have created an online guide that provides an overview of your considerations when setting up a business in Singapore – from choosing a business structure, tax requirements, and fulfilling regulatory requirements.

NEED ASSISTANCE FOR YOUR SITUATION?

Contact us today
Contact Us

"*" indicates required fields

Do you need tax services in our other regions?
By providing us your information you agree to our privacy policy

More articles like this

 

Capital Asset vs Trading Asset: The Differences and Tax Obligations of Each


14th Nov 2024
Boon Tan

n most jurisdictions, the sale of a capital asset is subject to capital gains tax law, while the sale of trading assets are subject to revenue laws This distinction is a very important one as the...

 

Podcast: Avoiding Crypto Tax Pitfalls with Boon Tan and Chris Holland


20th May 2024
CST Tax Advisors

In a podcast episode of Barely Legal in Web 3, hosted by Jamilia Grier, Boon Tan, the managing director of CST Tax Advisors, and Chris Holland from Holland & Marie discussed the crypto tax...

 

Podcast: How To Successfully Scale Your Business Overseas


26th Apr 2024
CST Tax Advisors

Our CST Managing Director, Boon Tan joins MoneyFM 893 Breakfast Show in Singapore with host Audrey Siek to discuss "How to Successfully Scale your Business Overseas" Delve into the key strategies...

 

Capital Asset vs Trading Asset: The Differences and Tax Obligations of Each


14th Nov 2024
Boon Tan

n most jurisdictions, the sale of a capital asset is subject to capital gains tax law, while the sale of trading assets are subject to revenue laws...

 

Podcast: Avoiding Crypto Tax Pitfalls with Boon Tan and Chris Holland


20th May 2024
CST Tax Advisors

In a podcast episode of Barely Legal in Web 3, hosted by Jamilia Grier, Boon Tan, the managing director of CST Tax Advisors, and Chris Holland from...

 

Podcast: How To Successfully Scale Your Business Overseas


26th Apr 2024
CST Tax Advisors

Our CST Managing Director, Boon Tan joins MoneyFM 893 Breakfast Show in Singapore with host Audrey Siek to discuss "How to Successfully Scale your...

Capital Asset vs Trading Asset: The Differences and Tax Obligations of Each

Boon Tan   |   14 Nov 2024   |   5 min read

n most jurisdictions, the sale of a capital asset is subject to capital gains tax law, while the sale of trading assets are subject to revenue laws. This distinction is a very important one as the way that revenue and capital items are taxed is very different in Singapore.

Capital Gains Tax in Singapore

There is no capital gains tax regime in Singapore.

This means that if you sell assets that are capital in nature there is no tax consequence from this sale, regardless of whether you make a profit or a loss on the sale.

Therefore, typically the sale of passive investments, such as real estate and share portfolios, are sold without any tax implications in Singapore. 

However, it is important to understand when assets may actually be considered trading assets as these assets would be covered by revenue laws instead. Where such assets are covered by revenue laws, their disposal will attract income tax consequences.

Assets Used as a Trading Asset

In Singapore there are rules that indicate an asset is a trading asset rather than a capital asset. These rules help ensure that a business doesn’t take advantage of the lack of capital gains tax by purchasing an asset with the express intent to turn this asset over for a profit instead of holding it as a long term, capital appreciating asset.

There are five specific factors, colloquially known as “badges of trade”,  that are considered in determining whether an asset might be a trade item. These are the holding period, frequency of sale, purpose of transaction, extent of enhancement work, and reason for the sale.

Holding Period

A short term holding period indicates that the asset was more likely purchased for profit-seeking activities. In general, capital assets must be held and used for their purpose for a minimum of two years in order to be considered capital in nature. Assets sold within two years of purchase are typically treated as revenue assets, unless there was a specific reason for the sale that caused the asset to be sold within two years.

Frequency

If you frequently purchase and sell the assets in question, this indicates you are trading these assets, rather than purchasing them for use in a going concern. This can include significant assets such as property, shares, and other investments. Where your business frequently purchases and then sells real estate, the Inland Revenue Authority of Singapore will presume that you are in the business of trading real estate, rather than owning these assets for long term capital growth.

Purpose of Transaction

When an asset is not used for its intended purpose, this indicates that the asset was not actually purchased to be used as an asset.

A simple example would be purchasing a warehouse. If you leave the warehouse unused and vacant, then it has not actually been used for the purpose of a warehouse. Consequently, the sale of the warehouse is more likely to be a profit-generating motive. Conversely if the warehouse was purchased and used as a warehouse it is more likely to be an asset use motive.

Extent of Enhancement Work

When an asset is purchased, then significant resources are spent enhancing or renovating it prior to selling it, this would indicate the reason for the purchase was a profit motive. If an asset is purchased and renovated to be fit for specific use as a business asset, rather than for resale value, then this would more likely indicate an asset use motive.

Reason for Sale

The reason for selling the asset is also considered. If an asset is sold with a profit-making motive, it is more likely to be considered a trading asset. However if it is sold after being used for its intended purchase as an asset then it would be exempt from tax as a capital asset.

This factor is an important one. Even if a property is sold within two years, there could be a specific reason that indicates the property was still a capital asset. For instance, the sale may have been required due to liquidating the business, government acquisition, or other closure or reduction of business operations. In such situations, the sale would still likely be a capital gain because the underlying reason for the sale was not profit-generation.

Summary of Capital vs Trading Assets

The facts of the way an asset is used and the motivations for purchasing the asset determine if the asset is capital or revenue in nature. When an asset is purchased and used for a profit-motivation rather than an asset use motive, it is treated as a trading asset, or revenue in nature, rather than as a capital asset under capital gains rules.

The table below outlines the likely scenarios of how an asset could be classified.

 

Likely Capital

Likely Trading

Holding Period

Over two years

Less than two years

Frequency

Low frequency

High frequency

Purpose of Transaction

To use as an investment or business asset

Profit-generation

Extent of Enhancement Work

Little renovations or work focused on adjusting asset for business use

High investment in enhancement or renovation to increase profit on sale

Reason for Sale

End of use, divest investment or liquidating business

To generate profits

NEED ASSISTANCE FOR YOUR SITUATION?

Contact us today
Contact Us

"*" indicates required fields

Do you need tax services in our other regions?
By providing us your information you agree to our privacy policy

More articles like this

 

Guide On Setting Up A Business Or Expanding Into Singapore


18th Nov 2024
CST Tax Advisors

CONSIDERING EXPANDING YOUR BUSINESS TO SINGAPORE Singapore is a popular location for global businesses, offering a strategic location, robust legal framework, stable government, highly regulated...

 

Podcast: Avoiding Crypto Tax Pitfalls with Boon Tan and Chris Holland


20th May 2024
CST Tax Advisors

In a podcast episode of Barely Legal in Web 3, hosted by Jamilia Grier, Boon Tan, the managing director of CST Tax Advisors, and Chris Holland from Holland & Marie discussed the crypto tax...

 

Podcast: How To Successfully Scale Your Business Overseas


26th Apr 2024
CST Tax Advisors

Our CST Managing Director, Boon Tan joins MoneyFM 893 Breakfast Show in Singapore with host Audrey Siek to discuss "How to Successfully Scale your Business Overseas" Delve into the key strategies...

 

Guide On Setting Up A Business Or Expanding Into Singapore


18th Nov 2024
CST Tax Advisors

CONSIDERING EXPANDING YOUR BUSINESS TO SINGAPORE Singapore is a popular location for global businesses, offering a strategic location, robust...

 

Podcast: Avoiding Crypto Tax Pitfalls with Boon Tan and Chris Holland


20th May 2024
CST Tax Advisors

In a podcast episode of Barely Legal in Web 3, hosted by Jamilia Grier, Boon Tan, the managing director of CST Tax Advisors, and Chris Holland from...

 

Podcast: How To Successfully Scale Your Business Overseas


26th Apr 2024
CST Tax Advisors

Our CST Managing Director, Boon Tan joins MoneyFM 893 Breakfast Show in Singapore with host Audrey Siek to discuss "How to Successfully Scale your...

Australian Expats Living in the USA: Holding Australian Shares

John Marcarian   |   4 Nov 2024   |   5 min read

Managing taxes can be challenging, particularly when living overseas. 

Many Australian expats in the USA wonder, “What happens with taxes on Australian shares I still own back home?”

If you’re an Australian expat in the USA, there are a few things to know about the tax implications of holding Australian shares. 

You may already be aware of how the franking credit system in Australia works and how tax credits are tied to dividends. 

However, the US doesn’t have an equivalent system. 

Here’s how taxes on your shares work when you’re a US tax resident.

What It Means To Be A US Tax Resident

Let’s assume you’ve moved to the USA and are now a US tax resident. 

When you lived in Australia, you paid tax on all your worldwide income. 

Now, as a US tax resident, you’ll only need to pay Australian taxes on assets with a direct link to Australia.

However, the USA also taxes worldwide income, so income from both Australian and US sources must be reported. US tax rates vary by income type—ordinary income, capital gains, and qualified dividends, each with its own rate.

Owning Australian Shares

If you own shares in Australian companies, here’s how taxes apply to dividend income from those shares.

  • Franked Dividends: In Australia, franking credits are added to dividends to reduce double taxation. For expats, these credits usually cover Australian taxes, so you won’t pay additional Australian taxes on franked dividends. However, no tax refund is provided for these credits, even though they offset your Australian tax obligation.
  • Unfranked Dividends: Unfranked dividends don’t come with franking credits, so they’re taxed differently. Under the Australia/USA tax agreement, Australia caps the tax on unfranked dividends for US residents at 15%. Be sure to notify the share company that you’re a non-resident so they can apply the correct withholding tax; otherwise, you may need to report it later your tax return.
  • Reporting in the USA: The USA considers dividends from Australian shares as taxable income. However, you may be able to claim the franking credit or tax withholding as a foreign tax credit, which reduces your US tax bill.

Inheriting Australian Shares

Australia doesn’t have an inheritance tax. So, when you inherit shares, they’re either valued based on their market price on the date of death or the original cost base paid for the asset. It depends on when the asset was acquired by the deceased. This amount becomes your “cost base,” which you’ll use later to calculate any capital gains tax if you sell the shares.

In the US, while beneficiaries aren’t directly taxed on inherited assets, an estate tax could apply to the estate if it’s large enough. The fair market value on the date of inheritance serves as your cost base for capital gains. 

Buying & Selling Australian Shares

Purchasing shares in Australia as a non-resident doesn’t trigger any immediate tax consequences. In usual cases non-residents don’t pay tax on the sale of Australian listed shares.

There is a narrow category of share sales that would be taxable in Australia, however. Generally, these relate to shares in companies that have Australian real estate.

The US imposes a capital gains tax, with different rates for long-term and short-term holdings. You may claim the Australian tax paid as a credit against any US tax due on the same capital gain to avoid double taxation.

Understanding Double Taxation

Australia and the USA have a tax agreement to prevent double taxation. 

This means that while you’ll need to report your income in both countries, you can usually apply tax credits for Australian taxes paid against your US taxes on the same income.

Using The Check The Box Election To Simplify Tax Treatment

For Australian expats with ownership stakes in Australian companies or entities, the Check the Box Election can offer significant tax flexibility and may simplify your US tax obligations.

The Check the Box election is a choice US taxpayers can make to treat an Australian business entity (such as a private company) as either a corporation or a pass-through entity for US tax purposes. 

If you choose to treat the company as a “disregarded entity” (for a single-member entity) or a partnership (for a multi-member entity), the income flows directly to you as the individual taxpayer. 

This may allow you to avoid some of the more complex reporting and potentially double-taxation issues that can arise with foreign corporate ownership.

However, if you opt to treat the Australian company as a corporation, it will be taxed separately, which can sometimes be advantageous but will introduce reporting requirements (such as filing Form 5471). 

Please consult with us further so we can better advise you of your position.

Holding Shares Through a Passive Foreign Investment Company (PFIC)

If your shares are held through a Passive Foreign Investment Company (PFIC), special US tax rules apply, which could increase your tax bill. 

The IRS defines a PFIC as a foreign corporation earning mostly passive income or holding mostly passive income assets.

US shareholders of a PFIC may face complex tax rules. 

To reduce tax, you might consider specific elections like the Qualified Electing Fund (QEF) or mark-to-market options, but these require filing IRS Form 8621.

Controlled Foreign Corporation (CFC) Rules

Under CFC rules, the US may tax you on undistributed income if you own a significant stake in a foreign corporation. If, along with other US taxpayers, you own more than 50% of an Australian company, the company may qualify as a CFC, requiring you to report certain types of income in the US.

Seek Professional Advice

International tax can be complex, and tax rules change often. It’s wise to speak with a CST tax advisor as we provide advice in both US and Australian tax advice.

NEED ASSISTANCE FOR YOUR SITUATION?

Contact us today
Contact Us

"*" indicates required fields

Do you need tax services in our other regions?
By providing us your information you agree to our privacy policy

More articles like this

 

Australian Expats Living In The USA: Understanding Your Capital Gains Tax Obligations


30th Sep 2024
John Marcarian

Whether you have already moved to the United States or are planning to, there are tax implications for Australian expats to consider  For example, how does the Australia-US tax treaty apply...

 

FBAR Violations And Recklessness: What You Need To Know To Avoid Hefty Penalties


9th Sep 2024
John Marcarian

The US government's crackdown on offshore tax evasion has placed the Report of Foreign Bank and Financial Accounts (FBAR) in the spotlight Many US taxpayers with foreign accounts may not...

 

The Terrible Twosome: Form 5471 And 5472


20th Aug 2024
John Marcarian

Declaring Foreign Business Interests Navigating the US tax code can feel like tiptoeing through a minefield, especially when you throw in international dealings  If you're a US person or...

 

Australian Expats Living In The USA: Understanding Your Capital Gains Tax Obligations


30th Sep 2024
John Marcarian

Whether you have already moved to the United States or are planning to, there are tax implications for Australian expats to consider  For...

 

FBAR Violations And Recklessness: What You Need To Know To Avoid Hefty Penalties


9th Sep 2024
John Marcarian

The US government's crackdown on offshore tax evasion has placed the Report of Foreign Bank and Financial Accounts (FBAR) in the spotlight...

 

The Terrible Twosome: Form 5471 And 5472


20th Aug 2024
John Marcarian

Declaring Foreign Business Interests Navigating the US tax code can feel like tiptoeing through a minefield, especially when you throw in...