Refine the writing-down allowance for greater flexibility
One of the ways Singapore can maintain its attractiveness to investors is strengthening its intellectual property (IP) regime and refining its tax amortization on capital expenditure incurred to acquire qualifying intellectual property rights (IPRs) to give taxpayers greater flexibility in managing the jurisdictional effective tax rate.
To enhance the competitiveness of Singapore’s IP regime, the government may consider liberalizing the tax amortization treatment for acquiring IPRs. Currently, no tax amortization is allowed on the acquisition of economic rights of IPs, unless approval for waiver of the legal ownership requirement is obtained from the regulators. This strict treatment, compared with other investment hub locations such as Ireland and Switzerland, puts Singapore at a slight disadvantage as an IP holding location.
Furthermore, under the existing tax legislation, the tax amortization must be claimed over a duration of five, 10 or 15 years. This often results in a mismatch between the amortization rates for accounting and tax purposes.
Along with the Pillar Two rules, the OECD also published a set of guidelines around Pillar Two-compliant incentives known as qualified refundable tax credits. The QRTC is defined as “a refundable tax credit designed in a way such that it must be paid as cash or available as cash equivalents within four years from when a Pillar Two Constituent Entity satisfies the conditions for receiving the credit under the laws of the jurisdiction granting the credit”.
As Singapore reviews its toolbox of investment promotion strategies, the QRTC is an essential upgrade.
While tax credit is new within Singapore’s tax legislation, the QRTC is well known among other developed countries. QRTCs are often considered interchangeably with cash grants, but there are clear distinctions between them. Firstly, cash grants require upfront funds to be set aside by the government, while QRTCs can be used to offset against other forms of taxes and may reduce the upfront cost to the government. Secondly, in jurisdictions such as the European Union, state aid rules may limit the excessive use of cash grants to support investments but consider QRTCs in a different light.
Pillar Two regulations attempt to address these book-tax differences by necessitating the “recapture” of the mismatch (known in accounting as deferred tax liabilities) that remains unpaid or unused over five years. However, this provision may inadvertently lead to a revisiting and recalculation of the prior year’s effective tax rates, thereby significantly increasing the compliance complexities for companies. One potential solution is to harmonize the tax amortization period with the economic lifespan of the IPRs. This reduces potential discrepancies between reported and actual tax liabilities.
Introduce BEPS-compliant qualified refundable tax credits (QRTCs)
Along with the Pillar Two rules, the OECD also published a set of guidelines around Pillar Two-compliant incentives known as qualified refundable tax credits. The QRTC is defined as “a refundable tax credit designed in a way such that it must be paid as cash or available as cash equivalents within four years from when a Pillar Two Constituent Entity satisfies the conditions for receiving the credit under the laws of the jurisdiction granting the credit”.
As Singapore reviews its toolbox of investment promotion strategies, the QRTC is an essential upgrade.
While tax credit is new within Singapore’s tax legislation, the QRTC is well known among other developed countries. QRTCs are often considered interchangeably with cash grants, but there are clear distinctions between them. Firstly, cash grants require upfront funds to be set aside by the government, while QRTCs can be used to offset against other forms of taxes and may reduce the upfront cost to the government. Secondly, in jurisdictions such as the European Union, state aid rules may limit the excessive use of cash grants to support investments but consider QRTCs in a different light.
