Facebook pixel code

What is Withholding Tax and How Does It Work?

Understand withholding tax in Singapore, its meaning, applicable rates, and how to pay withholding tax correctly to stay compliant with IRAS.

What is Withholding Tax and How Does It Work?

To understand the intricacies of the Singapore tax regime, it is essential to decode basic terms, one of which is withholding tax. Withholding tax is a crucial concept in Singapore’s tax system, ensuring that non-resident individuals and entities pay taxes on income generated within the country. The primary purpose of withholding tax is to collect taxes efficiently and prevent tax evasion. Understanding the rules and rates associated with withholding tax is crucial for businesses to maintain compliance and avoid penalties. In this article, we’ll break down the key aspects of withholding tax in Singapore and guide how companies can stay compliant.

Understanding Withholding Tax

Withholding tax is deducted at the source of income before payment is made to the recipient. It applies to certain types of payments to non-residents, including:
  • Interests
  • Royalties
  • Service fees
  • Income from Real Estate Investment Trusts (REITs)
If you make certain payments to non-residents, you must hold onto a portion of it and pass it on to the Inland Revenue Authority of Singapore (IRAS).

Purpose of Withholding Tax

The purpose of withholding tax is to ensure correct collection by deducting tax at the time of payment. By withholding a portion of income and paying it to tax authorities, the system can avoid tax evasion and ensure that the government receives its dues to spend on overall economic welfare. It is precisely for cases where payments are made to non-residents who may or may not be subject to direct tax reporting in Singapore. Paying withholding tax strengthens tax compliance and supports the country’s revenue generation. Withholding Tax

Who Needs to Pay Withholding Tax?

To understand withholding tax meaning better, let us discuss who needs to pay withholding tax. Singapore withholding tax applies primarily to payments made to non-residents. Examples include the following:
  • Foreign companies providing services in Singapore
  • Non-resident professionals and service providers such as consultants, trainers, and speakers
  • Non-resident/foreign landlords earning rental income from Singaporean properties
  • Overseas businesses receiving royalties, interests, or commissions from Singaporean entities
Companies must deduct the applicable withholding tax before disbursing the amount to the recipient. Like any other tax law in enforcement, non-compliance with the withholding tax Singapore requirements can result in penalties and legal consequences.

Withholding Tax Rates in Singapore

Having understood what withholding tax is, it is time to examine the withholding tax rate in Singapore. The withholding tax rate in Singapore varies depending on the type of payment. The following are the withholding tax rates applicable to non-resident entities and individuals, based on the kind of payment made to them:
Type of Payment Singapore Withholding Tax Rate
Interest, commissions, fees, or other payments in connection with any loan or indebtedness 15%
Royalties or other lump sum payments for the use of movable properties 10%
Payments for the use of or the right to use scientific, technical, industrial, or commercial knowledge or information 10%
Rent or other payments for the use of movable properties 15%
Technical assistance, service fees, and management fees 17%
Proceeds from the sale of any real property by a non-resident property trader 15%
Distribution of taxable income made by a Real Estate Investment Trust (REIT) 10%
Payment to non-resident director 24%
Payment to non-resident professional 15% or the prevailing non-resident individual rate on net income
Payment to non-resident public entertainer 15%
It is important to note that the actual withholding tax rates may vary depending on double taxation agreements (DTAs) and any exemptions made to suit Singapore’s national policy. To ensure compliance and avoid penalties, businesses should check Singapore’s latest withholding tax rates before paying non-residents.

How is Withholding Tax Calculated?

The calculation of withholding tax is straightforward to understand. It depends on the gross payment made to the non-resident. The tax is applied as a percentage of the total payment, with no deductions allowed. Hence, the formula for calculating withholding tax is: Withholding Tax = Gross Payment x Applicable Withholding Tax Rate Withholding Tax For example, if a Singaporean company pays SGD 20,000 in royalty fees to a foreign company, the calculation of withholding tax would be: S$20,000 x 10% = SGD 2,000 The company must withhold SGD 2,000 and remit it to the IRAS while paying only SGD 18,000 to the recipient. As discussed above, businesses should carefully check beforehand any tax relief or exemptions applicable under Singapore’s double taxation agreements, or exemptions applicable otherwise, as they may reduce the withholding tax burden.

How to Pay Withholding Tax in Singapore?

Entities must follow a series of logical steps, described below, to navigate the complexities of Singapore’s tax regime and file withholding taxes successfully.

How to pay withholding tax: Steps to File Withholding Tax with IRAS

  • First of all, check if withholding tax applies – Keeping in mind the nature of the transaction, check if the payment to the non-resident entity qualifies for withholding tax. Payments like dividends, payments for the charter of goods by sea, inter-branch transactions, payments to Singapore branches of non-resident entities, etc., do not qualify for withholding tax.
  • Calculate the withholding tax amount – Use the applicable withholding tax rate in Singapore for the specific type of payment (whether to a non-resident entity or individual).
  • File withholding tax return via IRAS myTax Portal – Log in using a CorpPass account, which is a digital identity for businesses in Singapore. This account allows businesses to access a range of government e-services, including the IRAS portal. Once logged in, electronically submit details of the withholding tax return.
  • Make payment – Follow the prompts on the IRAS portal and pay the required tax amount using internet banking or other approved payment methods.
  • Receive acknowledgment – Upon successful submission, IRAS will issue an acknowledgment receipt.
For auditing and compliance purposes, businesses must maintain accurate records of all tax-related transactions.

Deadlines & Penalties for Late Payment

Companies must submit withholding tax dues by the 15th of the second month following the payment date. For example, if payment was made in May, the withholding tax must be paid by 15th July. Failure to meet deadlines results in penalties:
  • 5% late payment penalty – Imposed on the unpaid tax amount
  • 1% additional penalty per month – If the tax remains unpaid 30 days after the due date, an additional 1% penalty per month may be imposed, capped at 15% of the unpaid tax.
More severe actions may involve possible legal enforcement, including court proceedings and restrictions on business operations. To avoid penalties, businesses should ensure timely filing and payment of withholding tax to IRAS. Automating the tax filing process or engaging a tax consultant can help companies remain compliant.

Common Challenges & How to Avoid Them

1. Misclassification of Payments

Businesses may lack the technical knowledge to classify payments correctly, leading to incorrect withholding tax calculations. Misclassification can result in underpayment or overpayment of tax, leading to audits or penalties. Avoid this by referring to IRAS guidelines or consulting a tax expert like Lanturn.

2. Lack of Awareness About Tax Treaties

Singapore has double taxation agreements (DTAs) with several countries, which can reduce the withholding tax rate. Many businesses fail to capitalize on these treaties, leading to unnecessarily high tax payments. Companies should check if a reduced withholding tax rate applies before making payments and applying treaty benefits.

3. Late Filing and Payment

On top of keeping with core business operations, missing tax deadlines can result in penalties. Companies should set reminders or automated accounting systems to ensure timely tax payments. Keeping track of tax deadlines should be an essential part of financial planning.

4. Errors in Filing Tax Returns

Mistakes in tax return submissions can cause delays and audits. Errors such as incorrect classification of payment transactions, wrong recipient details, or incomplete forms can cause problems. Hence, double-check all details before submission to IRAS.

5. Changes in Tax Regulations

Tax laws and rates are subject to change, and businesses must stay informed of updates. Companies should periodically review IRAS guidelines and seek professional advice from expert tax consultants if they are uncertain about new regulations.

Optimise Your Business Operations with Lanturn

Understanding “what is withholding tax?” and how it works is crucial for businesses operating in Singapore, especially those making payments to non-residents. Ensuring compliance with withholding tax Singapore regulations helps avoid penalties and unnecessary legal issues. Lanturn’s expert corporate tax solutions help you stay on top of your accounting and tax needs. We help you understand Singapore’s corporate tax system and ensure everything is filed on time with 100% accuracy. Our experienced team, paired with state-of-the-art technology, ensures the correct deductions and classifications are applied so you only pay what you need to. We keep track of deadlines so you can focus on generating revenue while we take care of your taxes. Get in touch now.
 

Enter a text to search