Statute Details
- Title: Income Tax (Exemption of Foreign Income) (No. 9) Order 2013
- Act Code: ITA1947-S600-2013
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Income Tax Act (Chapter 134)
- Authorising Provision: Section 13(12) of the Income Tax Act
- Enacting Date: 12 September 2013
- Commencement (effective date for exemption): On or after 2 September 2013
- Key Provisions: Section 1 (Citation); Section 2 (Exemption)
- Status: Current version as at 27 March 2026
- Singapore Legal Instrument Reference: SL 600/2013
What Is This Legislation About?
The Income Tax (Exemption of Foreign Income) (No. 9) Order 2013 is a targeted tax exemption order made under the Income Tax Act. In plain terms, it grants a specific company an exemption from Singapore tax on certain dividends it receives in Singapore from a foreign company.
Unlike broad-based tax regimes that apply to categories of taxpayers or transactions, this Order is narrow in scope. It is directed at Tigris Investments Pte. Ltd. and covers dividends received in Singapore on or after 2 September 2013 from AT Holdings Europe B.V., a company located in the Netherlands.
The Order also makes clear that the exemption is not unconditional. It is expressly subject to the terms and conditions set out in a letter of approval dated 2 September 2013 addressed to the company. This means the practical tax outcome depends not only on the text of the Order, but also on the approval letter’s conditions.
What Are the Key Provisions?
Section 1 (Citation) provides the formal name of the instrument: the Income Tax (Exemption of Foreign Income) (No. 9) Order 2013. While this is standard drafting, it is important for practitioners because it helps identify the exact subsidiary legislation instrument when cross-referencing the tax exemption in filings, correspondence, or internal tax memos.
Section 2 (Exemption) contains the substantive operative provision. Sub-paragraph (1) states that Tigris Investments Pte. Ltd. is granted an exemption from tax on the dividends received in Singapore on or after 2 September 2013 from AT Holdings Europe B.V. (Netherlands). The exemption is therefore tied to three elements:
- Tax type: tax on dividends (i.e., the Singapore tax treatment of dividend income received by the company);
- Geographic/receipt nexus: dividends received “in Singapore”;
- Temporal scope: dividends received on or after 2 September 2013; and
- Counterparty: dividends from the specified foreign company, AT Holdings Europe B.V.
Sub-paragraph (2) is equally critical. It provides that the exemption under sub-paragraph (1) is subject to the terms and conditions specified in the letter of approval dated 2 September 2013 addressed to Tigris Investments Pte. Ltd. This introduces a compliance dimension: the exemption may be contingent on meeting conditions such as (depending on the approval letter) holding requirements, corporate structure, documentation, reporting obligations, or other administrative and substantive conditions.
From a practitioner’s perspective, the “subject to” clause means that the approval letter is not merely background. It is part of the legal framework governing whether the exemption applies in practice. If the company fails to satisfy conditions in the approval letter, the exemption could be denied, withdrawn, or treated as not properly available for the relevant dividends. Accordingly, legal and tax teams should treat the approval letter as a controlling document alongside the Order.
The Order also includes the making date (“Made this 12th day of September 2013”) and identifies the signatory: LIM SOO HOON, Permanent Secretary (Finance) (Performance), Ministry of Finance, Singapore. While this is procedural, it can matter for verifying authenticity and ensuring that the instrument is properly executed.
How Is This Legislation Structured?
This subsidiary legislation is extremely concise. It consists of:
- Enacting formula referencing the enabling power in section 13(12) of the Income Tax Act;
- Section 1 (Citation); and
- Section 2 (Exemption), with two sub-paragraphs setting out (i) the exemption and (ii) the condition that it is subject to the approval letter.
There are no Parts, schedules, or detailed definitions in the extract provided. The structure reflects the nature of an exemption order: it is designed to identify the taxpayer and the specific income stream, and to incorporate the conditions through the approval letter.
Who Does This Legislation Apply To?
The Order applies to Tigris Investments Pte. Ltd. only. It does not purport to create a general exemption for all companies receiving foreign dividends. Therefore, other taxpayers cannot rely on this Order unless they are the named company and the dividends fall within the specified parameters.
In addition, the exemption is limited to dividends received in Singapore from AT Holdings Europe B.V. (Netherlands) and received on or after 2 September 2013. Even for the named company, dividends from other foreign entities, or dividends received before the effective date, would not fall within the literal scope of the exemption.
Why Is This Legislation Important?
Although the Order is short, it can be highly significant for the affected company’s tax position. Dividend taxation can materially affect effective tax rates, cash flows, and group financing structures. By granting an exemption, the Order reduces (or eliminates) the Singapore tax burden on the specified foreign dividends, improving predictability and potentially supporting cross-border investment strategies.
For practitioners, the key importance lies in the interaction between the Order and the approval letter. Many exemption regimes in Singapore operate through ministerial discretion and approval conditions. Here, the Order explicitly incorporates the approval letter’s terms and conditions. This means that legal advice must not stop at reading the subsidiary legislation; it must also confirm compliance with the approval conditions and ensure that the company’s documentation and reporting align with what the approval letter requires.
From an enforcement and risk perspective, the “subject to” clause creates a compliance checklist. Practitioners should consider advising clients to maintain contemporaneous records demonstrating that:
- the dividends were received in Singapore;
- the dividends were received on or after 2 September 2013;
- the dividends were paid by AT Holdings Europe B.V.; and
- all conditions in the approval letter were satisfied for the relevant period.
In practice, this often involves coordinating with corporate secretarial records, dividend payment confirmations, bank statements, and tax filings. It may also involve reviewing whether any corporate restructuring, changes in shareholding, or changes in the nature of the investment could affect compliance with conditions in the approval letter.
Related Legislation
- Income Tax Act (Chapter 134) — in particular, section 13(12) (the enabling provision for making exemption orders)
- Income Tax Act timeline / legislation history — for confirming the correct version and any amendments affecting the enabling power or related dividend tax provisions
Source Documents
This article provides an overview of the Income Tax (Exemption of Foreign Income) (No. 9) Order 2013 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.