TAX ALERT ISSUE 1 | January 2015 Tax-time crunch: Tips to boost your tax savings While being a sole proprietor entails certain freedom, it also creates added responsibilities. A sole proprietor will face additional taxes and reporting requirements, but he may also be eligible for certain business tax deductions. This article was first published in The Business Times on 30 December 2014. As a business owner who is a sole proprietor, you are in charge of your own business. Where the tax laws are concerned, you and your business are a single entity. While this entails certain freedom, it also creates added responsibilities. You will face additional taxes and reporting requirements, but you may also be eligible for certain business tax deductions. Under Singapore law, the income that a person derives through his business as a sole proprietor is assessable under his name. However, the person would be able to claim tax deductions for qualifying expenses against his business income. In order to qualify for tax deduction, the expenses incurred by the individual should be a legitimate business expense. There also needs to be a nexus between the expenses incurred and the income produced, although the income does not necessarily needs to be produced in the year in which the expense is incurred. To comply with tax reporting, a selfemployed individual should always maintain separate bank accounts for his personal and business outgoings. Let us consider how business owners can optimise their tax deductions as the year draws to a close. Expenses incurred by employers in respect of their employees are generally deductible as long as the expense or payment made is not capital in nature. However, the deductibility of certain payment and expenses is subject to restrictions. For example, medical expenses incurred by employers for their employees are capped at certain percentage of the total employees' remuneration. In addition, payments made to related employees (that is, spouse and child of the employer) are deductible only to the extent that the payments are reasonable based on the services performed by these employees. In general, running expenses incurred for the business are fully deductible. These may include rental, utilities, telephone charges and general upkeep of the business premises. Where part of the business premises is occupied for non-business purposes, for example the upper floor of a shophouse is the individual's residence, it will be necessary to apportion these expenses accordingly. To be considered a business trip, the trip should have a specific business purpose such as meeting with clients, seeking new customers or engaging in other forms of business activities. Deductible expenses may include airfare costs, and costs of transportation and lodging at the destinations. However, individuals should be particularly careful to maintain complete and accurate records and receipts for their business travel expenses, as travel expenses often draw the attention of the Inland Revenue Authority of Singapore (IRAS). Miscellaneous expenses In practice, the IRAS allows expenses incurred by doctors, engineers, lawyers and other professional persons in attending conferences in Singapore or overseas. Such conferences should be related to the business of the professional person and should be approved by the IRAS or the professional body to which the person belongs. In addition, the professional person should keep a record of these conferences with the dates, names and locations of the conferences, purpose of attending the conferences, nature of the expenses and amount incurred. Such expenses may be incurred to entertain current or prospective business associates and clients. It is advisable to keep proper records with notes on the relevance of the expense to the business including dates and places of entertainment, names of persons entertained, nature of the expenses and amount spent. In practice, the IRAS allows a deduction for expenses incurred in the course of business such as accounting fees and professional expenses incurred for preparation of tax returns. The purpose for which the principle of the loan is applied will determine the deductibility of the interest expense. If the loan is used for the purchase of business assets or in meeting of expenses incurred in carrying on the business, it would be tax deductible. On the other hand, if the money borrowed is used to acquire private assets or pay income taxes, the interest expense would not qualify for deductions. The Productivity and Innovation Credit (PIC) scheme is available from the Years of Assessment 2011 to 2018. Businesses can claim either enhanced tax deduction or cash payout for qualifying activities. Qualifying activities may include acquisition or leasing of certain automation equipment, registration of intellectual property rights, training of employees, and design work carried out in Singapore. Businesses with at least three local employees (that is, Singapore citizens or permanent residents) may elect to convert a portion of the tax deductions into non-taxable cash grant, subject to meeting certain conditions. Once an amount of qualifying expenses is converted into cash, the same amount is no longer available for tax deduction. Fixed-asset costs The PIC scheme was introduced with the intent of encouraging businesses to raise their productivity by measures including training and automation of the production process. Businesses should therefore only take advantage of the scheme for the intended purposes. Generally, the costs of acquiring a fixed asset (such as office furniture and equipment), including hirepurchase instalments, are not tax deductible. However, deductions on the costs of acquiring these assets are available in the form of a capital allowance. The law recognises that wear and tear of fixed assets represent a real business cost and hence should qualify for tax deductions. Capital allowance is given on due claim in place of depreciation of the fixed asset which is not a deductible expense. To facilitate the claim of capital allowance, a fixed-asset schedule showing the dates of purchase, costs of purchase and the capital allowance to be claimed should be prepared and filed with the IRAS. Self-employed individuals who are Singapore citizens or permanent residents are required under the CPF Act to contribute to their Medisave account if their yearly trade income is more than S$6,000. The net trade income is the balance of the gross trade income after deducting all allowable business expenses and capital allowances. Self-employed individuals can also voluntarily contribute additional amounts into their CPF (Central Provident Fund) accounts, for which they can claim a tax deduction. With these CPF contributions, they would effectively enjoy tax benefits similar to an employee. For the Year of Assessment 2015, the total amount of relief that a self-employed person can claim for his CPF contribution is S$30,600 (36% x S$85,000). Self-employed individuals Sole proprietorships are not legal entities and are not separate tax entities for income tax purposes. Hence, a self-employed individual would be assessable on his income derived from his business. The self-employed individual is required to file his tax return by April 15 each year, to report his income derived through his business as a sole proprietor, unless an extension of time is granted by the IRAS. When claiming tax deduction for expenses incurred, the question to ask is whether the expense is wholly and exclusively incurred in the production of income. This is the same question that the IRAS will ask when it scrutinises the expenses if one gets audited. If the answer is no, the deduction should not be taken. To ensure compliance with the law, a self-employed individual should always keep proper documentation of all business takings and outgoings. In addition, an individual with a gross trade income of S$500,000 or more is required to submit a certified statement of accounts of his business together with his tax return. The individual may wish to seek the help of a qualified book-keeper to prepare the statement of accounts. It is often easy to overlook deductions to which you are entitled if you prepare only one return a year. Whether you're a wage earner, an investor, a business owner, or all three, you should use the tax-cutting benefits available in the tax law. If you are a self-employed individual, take the opportunity now to prepare for tax filing next year. If you are still not sure, you should seek professional help with your tax return. How we can help As a committed tax advisor to our clients, we welcome any opportunity to discuss the relevance of the above matters to your business. About Tax Alert KPMG’s Tax Alerts highlight the latest tax developments, impending change to laws or regulations, current practices and potential problem areas that may impact you or your company. As certain issues discussed herein are time sensitive it is advisable to make plans accordingly. “Tax Alert” is issued exclusively for the information of clients and staff of KPMG Services Pte. Ltd. and should not be used or relied upon as a substitute for detailed advice or a basis for formulating business decisions. Contact us Tay Hong Beng Head of Tax T: +65 6213 2565 E: [email protected] Chiu Wu Hong Head of Enterprise Incentive Advisory T: +65 6213 2569 E: [email protected] Lee Yiew Hwa Senior Manager, Global Mobility Services T: +65 6213 2866 E: [email protected] KPMG 16 Raffles Quay #22-00 Hong Leong Building Singapore 048581 T: +65 6213 3388 F: +65 6227 1297 E: [email protected] kpmg.com.sg Tier 1 Firm for Tax Advisory and Transfer Pricing (2015) and Transactional Tax (2014) – International Tax Review. Best Advisor For Taxation Services – Euromoney Real Estate Awards 2014. For more details of our Tax services, please click here. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act upon such information without appropriate professional advice after a thorough examination of the particular situation. © 2015 KPMG Services Pte. Ltd. (Registration No: 200003956G), a Singapore incorporated company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International. Last updated in August 2014
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