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 Instrument: Order made by the Minister for Finance
- Citation: “Income Tax (Exemption of Foreign Income) (No. 9) Order 2013”
- Key Provisions (from extract): Section 1 (Citation); Section 2 (Exemption)
- Legislative Status: Current version as at 27 Mar 2026 (per the platform display)
- SL Reference: SL 600/2013
- Date Made: 12 September 2013
- Commencement (practical effect): Exemption applies to dividends received in Singapore on or after 2 September 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 Singapore’s Income Tax Act. In plain terms, it allows a specific company to receive certain foreign-sourced income (here, dividends) without paying Singapore tax on those dividends, provided statutory and approval conditions are met.
Unlike broad-based tax regimes that apply to all taxpayers meeting general criteria, this Order is “bespoke” in nature. It grants an exemption to a named entity—Tigris Investments Pte. Ltd.—in relation to dividends received in Singapore from a specific foreign company—AT Holdings Europe B.V.—located in the Netherlands. The Order therefore functions as a legal mechanism to implement a particular approval decision under the Income Tax Act’s exemption framework.
Practitioners should view this Order as part of Singapore’s wider approach to foreign income taxation: while Singapore generally taxes income accruing in or derived from Singapore, the Income Tax Act also empowers the Minister to grant exemptions to avoid double taxation or to facilitate specific investment structures. This Order is one such instrument, limited to the circumstances described in the exemption clause and the accompanying approval letter.
What Are the Key Provisions?
Section 1 (Citation) is a standard provision. It confirms the short title of the instrument: the “Income Tax (Exemption of Foreign Income) (No. 9) Order 2013”. While not substantive, citation matters for legal certainty, recordkeeping, and referencing in tax computations, correspondence with the Inland Revenue Authority of Singapore (IRAS), and internal governance documents.
Section 2 (Exemption) is the core operative clause. Sub-paragraph (1) provides that Tigris Investments Pte. Ltd. is granted an exemption from tax on dividends received in Singapore on or after 2 September 2013 from AT Holdings Europe B.V., a company located in the Netherlands. The exemption is therefore tied to three essential elements:
- The taxpayer: Tigris Investments Pte. Ltd.
- The income type: dividends
- The source counterparty: dividends paid by AT Holdings Europe B.V. (Netherlands)
- The timing: dividends received in Singapore on or after 2 September 2013
Section 2(2) (Conditions) introduces a critical limitation: the exemption is subject to the terms and conditions specified in the letter of approval dated 2 September 2013 addressed to Tigris Investments Pte. Ltd. This means the Order does not operate in isolation. Even if the dividends fall within the described category, the exemption may be conditional upon compliance with approval terms—such as documentation requirements, corporate structure conditions, holding requirements, anti-abuse safeguards, reporting obligations, or other administrative conditions typically imposed under approval-based tax reliefs.
From a practitioner’s perspective, the “letter of approval” is not merely background. It is a legally relevant instrument that can determine whether the exemption is fully available. If the approval letter contains conditions precedent (to be satisfied before the exemption applies) or continuing conditions (to be maintained throughout the period), failure to comply could jeopardise the exemption. Accordingly, counsel should obtain and review the approval letter in full and ensure that tax filings and supporting records align with its requirements.
Making date and signatory: The Order states it was made on 12 September 2013 and signed by LIM SOO HOON, Permanent Secretary (Finance) (Performance), Ministry of Finance, Singapore. While this is procedural, it can be relevant when assessing the timeline of approvals and the effective date of relief.
How Is This Legislation Structured?
This Order is structured in a concise format typical of subsidiary legislation that grants a specific exemption. Based on the extract provided, it contains:
- Enacting formula referencing the Minister’s power under section 13(12) of the Income Tax Act.
- Section 1 (Citation) setting out the short title.
- Section 2 (Exemption) containing the operative exemption and its conditions.
Notably, the extract shows no additional Parts or schedules. The legal effect is therefore concentrated in Section 2, with the approval letter functioning as the practical “condition document” that supplements the Order.
Who Does This Legislation Apply To?
The exemption applies to Tigris Investments Pte. Ltd. only. The Order is not drafted as a general rule for all companies receiving foreign dividends. Instead, it is a specific legal grant to a named taxpayer, in respect of dividends from a named foreign company.
In terms of the income covered, the exemption applies to dividends received in Singapore that are paid by AT Holdings Europe B.V. (Netherlands) and received on or after 2 September 2013. The exemption does not, on its face, extend to dividends from other foreign companies, nor does it cover other types of foreign income (such as interest, royalties, or service income). Any expansion beyond the described dividends would require separate legal basis or a different approval instrument.
Why Is This Legislation Important?
This Order is important because it illustrates how Singapore implements foreign income exemptions through a combination of statutory power and approval-based conditions. For affected taxpayers, the exemption can materially reduce Singapore tax liability on foreign dividends, improving after-tax returns and supporting investment structuring.
For legal practitioners, the key significance lies in the interaction between the Order and the approval letter. The Order itself grants the exemption, but Section 2(2) makes the exemption conditional on the approval letter’s terms. This creates a compliance and evidentiary focus: practitioners should ensure that the taxpayer can demonstrate (i) the dividends fall within the specified source and timing, and (ii) all conditions in the approval letter were satisfied and continue to be satisfied.
From an enforcement and risk-management perspective, approval-based exemptions can be vulnerable to disputes if documentation is incomplete or if conditions are not met. Therefore, counsel should advise on maintaining robust corporate records (shareholding and dividend declarations), tax computation support, and correspondence with IRAS. Where conditions include reporting or notification duties, timely compliance is essential to preserve the exemption.
Finally, while this Order is narrow, it is still part of a broader ecosystem of tax relief instruments under the Income Tax Act. Understanding its mechanics helps practitioners interpret similar “Income Tax (Exemption of Foreign Income) (No. X) Order” instruments and advise clients on whether a particular exemption is available, what it covers, and what compliance steps are required.
Related Legislation
- Income Tax Act (Chapter 134) — in particular, section 13(12) (authorising power for such exemption orders)
- Income Tax Act timeline / legislative history (as referenced in the platform metadata)
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.