Singapore Tax Guide For Sportspersons / Entertainers:
An Executive Summary
This is an introductory guide for Sportspeople and Entertainers,
linking in to our full Singapore Fact-File. If you'd rather
dive right in to the Fact-File, you can use the navigation
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Business Formation: The government has only
a moderately light touch in terms of statutory requirements.
You don't need anyone's permission to be a stand-up comic
or to play golf, although professional organizations and the
club system may constrain your choices in some cases, but
all types of business have
to register with the Accounting and Corporate Regulatory
Authority (ACRA), although the process itself is fairly painless.
All businesses also have to register
for tax and licenses
are required across a wide range of activities. If you need
to take over the Raffles Hotel for your gig you will certainly
require a special license. Limited companies do have to report
annually, but smaller companies don't have to be audited.
And remembering that the only two certainties in life are
death and taxes, inevitably you'll have to make annual tax
returns, whether you're a limited company or not. Smaller
businesses don't have to submit much in the way of accounting
information with their tax returns, but as you get bigger,
it gets more arduous. And of course if you take on staff,
life becomes more complicated!
Basis of Domestic Taxation: The only really
important decision for a sportertainer is whether to be taxed
as an individual
trader or as a company,
and due to the territorial
basis of taxation in Singapore the differences are often
quite small. Individuals pay up to 20% on employment
income; the self-employed pay the same, but can deduct
a wide range of business
expenses. Incorporated companies pay 17%, and incentives
can make a big diffference to the final bill, especially for
a start-up company. The special circumstances of a sportsperson
or an entertainer may also have a bearing on the choice to
be made; long-term streams of sponsorship income, if you are
successful, may dictate the use of a company. Husbands
and wives can't play too many games, but if you employ
your spouse, it is deductible for profits tax purposes. Capital
gains tax in Singapore is at the same rate as income tax,
so the usual game of trying to turn income into capital is
not particularly interesting. But with tax rates so low, it's
not much of an issue. Residence doesn't much affect taxation:
with territorial
taxation, what matters more is if you have a permanent
establishment (fixed place of business). If there's one
aspect of your business on which you should consider taking
paid-for advice, it's probably the tax structure. It's so
important to get it right at the beginning!
Basis of International Taxation: Few sportspersons
or entertainers have a static location, although a marketing
company may be based in one particular spot. In fact it's
one of the advantages of this rather special way of life is
that you're not tied to one place, and you have the opportunity
to base yourself in a low-tax
location. If that's in Singapore, you may have created
a permanent
establishment, and you'll pay local
tax, although with rates so low it may not seem to matter
too much. Getting performance or royalty income without tax
may be straightforward if you have a corporate set-up, although
it can be more complicated if the foreign country takes a
bite out of your income, called withholding
tax. Then you have to turn to double
tax treaties to try to get the money back; luckily Singapore
has lots of them and more are on the way. If you set up a
branch in a foreign country, you need to try to avoid the
'permanent
establishment' trap, and you may get bogged down in local
VAT.
If you send staff - or yourself - to work in foreign countries
you need to think hard about their tax situation in advance,
both in respect of local
income taxation and perhaps because of withholding
tax.
Tax-Efficient Structures: With very low
corporate
and individual
tax rates, there appears to be not much need for exotic structures
to minimize tax. But if you think that 17% is still too much
tax to pay then there is a case to be made for locating in
an out-and-out low-tax, 'offshore'
jurisdiction, especially if you are eventually planning
to retire
somewhere out of Singapore. As yet, there are no 'CFC'
rules in Singapore, so that profits made in such places can
stay there. Singapore has its own trusts
legislation, but offshore structures are often useful
for asset
protection reasons as well, and anti-avoidance law has
not gone nearly so far in Singapore as in, for example, the
UK. Non-resident sportertainers meaning to work in Singapore
can also use offshore structures, as long as they avoid the
'permanent
establishment' trap.
Incentive Programmes: Singapore is extremely
welcoming to new
and incoming businesses, unlike most other jurisdictions,
and there are a number of support
schemes operated by various levels of government, offering
loans, direct grants and assistance. Although not many of
these will be relevant to sportspersons or entertainers, it
may be worth investigating what's on offer. However, the saying:
'He who sups with the devil needs a long spoon' comes to mind.
The schemes are well-intentioned, no doubt, but they can be
intensely bureaucratic, with very intrusive qualification
procedures, and a long 'tail' of reporting requirements.
Employing People: Many businesspeople will
just tell you: 'Don't do it'. 'Marry in haste; repent at leisure',
they say, and it was never so true than when it comes to employment.
Don't kid yourself that employees will feel that they owe
you anything. Today's workers, encouraged by a slew of anti-business
legislation, and the general nannying attitude of government,
often feel that the world owes them a living, although it
must be said that Singapore is far better than many countries
in this respect. Many employers of course bring problems on
themselves by treating employees as little better than slaves.
Despite stories about rock stars who take entire floors of
Claridges, most sportspersons and entertainers run quite skinny
operations, but if you do need staff try as hard as you can
to use contractors (ie self-employed
people) rather than employees. The tax
authority has plenty to say about that, of course, so
if you are left with no choice, realize that you will have
to provide details of your employees to the tax authority,
operate compulsory social
security schemes, and conform with local
employment law, albeit that is much more liberal than
elsewhere in the world. Of course, there are plenty of exceptions
to these rather sweeping generalizations. Lucky you if you
find some!
Pensions, Social Security, Health Care and Insurance:
Meaning, for the sportsperson or entertainer herself.
Singapore is quite as prescriptive in this respect as most
advanced countries and social
security contributions are quite high. Central
Provident Fund rules apply both to employees and the self-employed,
although for the latter only in respect of health-care. Most
creators will probably want to find tax-efficient
ways of making provision for their pensions.
It's important to separate these from your business itself,
in case of failure. If you have it in mind to retire to somewhere
else, then the time to start is now, in terms of building
up a pension away from the grasp of the tax authorities, although
individual
tax rates in Singapore are not very high in any case.
Living Internationally: Perhaps you plan
to live out your life as a respected and contented member
of your local community. The salt of the earth, one might
say, if that's not patronising. But some people, and perhaps
especially sportspersons and entertainers, will find themselves
drawn intentionally or otherwise to an international
existence, working and/or living in other countries. There
are many challenges: apart from the difficulty of arranging
your tax affairs satisfactorily, there are the problems that
go along with property
ownership, education
of your children, international removals,
health
care and pension
provision, just to take some of the more obvious issues.
Of course no one can predict the future with any certainty,
but there are all too many stories of people who have trapped
themselves in the wrong investment in the wrong currency in
the wrong place, with multiple taxmen on their backs. Most
such problems are avoidable, with forethought.
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