Statute Details
- Title: Income Tax (Exemption of Foreign Income) (No. 9) Order 2013
- Act Code: ITA1947-S600-2013
- Type: Subsidiary Legislation (SL)
- Authorising Act: Income Tax Act (Chapter 134)
- Authorising Provision: Section 13(12) of the Income Tax Act
- Enacting Date / Made Date: 12 September 2013
- Commencement: Exemption applies to dividends received in Singapore on or after 2 September 2013
- Primary Subject Matter: Tax exemption for foreign-sourced dividends received in Singapore by a specified company
- Key Provisions (from extract): Citation (s. 1); Exemption (s. 2)
- Related Legislation: Income Tax Act (Chapter 134); Income tax exemption framework under section 13
What Is This Legislation About?
The Income Tax (Exemption of Foreign Income) (No. 9) Order 2013 is a piece of Singapore subsidiary legislation made under the Income Tax Act. In practical terms, it grants a targeted tax exemption for a specific taxpayer in respect of a specific type of foreign income—namely, dividends received in Singapore from a foreign company.
Unlike broad-based tax incentives that apply to categories of businesses, this Order is narrow and fact-specific. It grants exemption from tax on dividends received in Singapore by Tigris Investments Pte. Ltd. from AT Holdings Europe B.V., a company located in the Netherlands. The exemption is not automatic in the abstract; it is expressly granted by the Order and is conditioned on compliance with terms set out in a separate approval letter.
For practitioners, the key takeaway is that this Order operates as a legal instrument enabling the Minister for Finance (exercising powers under the Income Tax Act) to exempt certain foreign income from Singapore tax for a particular company, subject to conditions. It is therefore relevant when advising on whether a taxpayer can claim exemption for foreign dividends, what documentation is required, and what compliance risks arise if conditions are not met.
What Are the Key Provisions?
Section 1 (Citation) provides the formal name by which the Order may be cited. While this is not substantive, it is important for legal referencing, filings, and ensuring that the correct instrument is relied upon when claiming an exemption.
Section 2 (Exemption) is the operative provision. Subsection (1) states that Tigris Investments Pte. Ltd. is granted exemption from tax on dividends received in Singapore on or after 2 September 2013 from AT Holdings Europe B.V., located in the Netherlands. This means the exemption is tied to both (i) the recipient (the Singapore company), (ii) the payer/source (the Netherlands company), and (iii) the timing (dividends received on or after the specified date).
From a practitioner’s perspective, the specificity matters. If dividends are received from a different foreign entity, or if the dividends are received before the relevant date, the exemption in this Order would not apply. Similarly, if the recipient is not the named company, the Order cannot be used as a basis for exemption. This is a common feature of “exemption orders” under Singapore tax law: they are designed to address particular arrangements and approvals rather than to create general rules.
Section 2(2) (Conditions) provides that the exemption under subsection (1) is subject to the terms and conditions specified in a letter of approval dated 2 September 2013 addressed to Tigris Investments Pte. Ltd. This is a critical compliance hook. Even where the Order grants an exemption, the taxpayer’s entitlement can depend on satisfying conditions—often relating to corporate structure, the nature of the income, documentation, reporting, or other regulatory requirements.
In practice, this means that a lawyer advising on the exemption must obtain and review the approval letter (and any subsequent amendments or related correspondence). The approval letter is not merely administrative; it is incorporated by reference into the legal effect of the Order. If the taxpayer fails to comply with the letter’s terms, the exemption may be withdrawn, denied, or treated as not properly granted for the relevant period—depending on how the tax authority enforces the conditions under the Income Tax Act.
Enacting formula and making confirm that the Order is made by the Minister for Finance (through the Permanent Secretary (Finance) (Performance), Ministry of Finance) on 12 September 2013. The Order also cites the enabling power: section 13(12) of the Income Tax Act. This matters for validity and statutory authority—i.e., the Order is not an independent incentive; it is a statutory instrument grounded in the Income Tax Act’s exemption framework.
How Is This Legislation Structured?
This Order is extremely short and consists of a small number of provisions. Based on the extract, it contains:
(a) Section 1 (Citation): the short title.
(b) Section 2 (Exemption): the substantive grant of exemption and the incorporation of conditions via the approval letter.
There are no “Parts” or detailed schedules in the extract. The structure reflects the nature of the instrument: it is a targeted exemption order rather than a comprehensive code. For legal research and practice, the operative content is therefore concentrated in section 2, with the approval letter acting as the practical compliance document.
Who Does This Legislation Apply To?
The exemption applies to Tigris Investments Pte. Ltd. as the Singapore recipient of dividends. It is not a general exemption for all Singapore companies receiving foreign dividends. The Order is drafted to apply only to the named taxpayer and only in respect of dividends received in Singapore from the named foreign payer, AT Holdings Europe B.V. in the Netherlands.
Accordingly, the Order’s scope is limited by three elements: (1) recipient (Tigris Investments Pte. Ltd.), (2) source (AT Holdings Europe B.V.), and (3) time (dividends received on or after 2 September 2013). If any of these elements do not match the taxpayer’s facts, the Order will not provide a basis for exemption.
Additionally, the exemption is conditional. Even where the recipient and source match, the taxpayer must comply with the terms and conditions in the approval letter dated 2 September 2013. Therefore, the practical “applicability” of the exemption is not only factual but also compliance-based.
Why Is This Legislation Important?
This Order is important because it demonstrates how Singapore’s Income Tax Act can be implemented through bespoke exemption instruments. For corporate taxpayers and their advisers, such orders can materially affect tax outcomes—particularly where dividends are received from foreign subsidiaries or holdings structures and where the tax treatment of foreign-sourced income is a key part of group planning.
From an enforcement and risk perspective, the conditional nature of the exemption is equally significant. Because section 2(2) ties the exemption to the approval letter’s terms and conditions, practitioners must treat the approval letter as part of the legal entitlement. This affects how lawyers should structure advice on governance, reporting, and ongoing compliance. It also affects how tax positions are documented: the exemption order and the approval letter should be retained and referenced in tax filings and internal records.
Finally, the Order is a reminder that tax exemptions in Singapore may be granted through specific statutory instruments rather than relying solely on general provisions. Even if a taxpayer believes it is within the general policy rationale for foreign income exemptions, the legal entitlement may still depend on whether a specific exemption order exists and whether its conditions are satisfied.
Related Legislation
- Income Tax Act (Chapter 134): In particular, section 13(12), which provides the Minister for Finance with the power to make exemption orders.
- Income Tax exemption framework under section 13: The broader statutory context for exemptions of foreign income (as implemented through subsidiary legislation).
- Legislation timeline / versions: The Order is shown as “current version as at 27 Mar 2026” with the original making date of 18 Sep 2013 / SL 600/2013 in the timeline interface.
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.