Philippines-Singapore DTAA: Double Tax Avoidance Agreement

Income from immovable property, including income from agriculture or forestry, is taxed in the state in which the property is situated. Such income includes funds derived from the direct use, letting, or use in any other form of immovable property and the profits from selling such property.

The term “immovable property” should be defined in accordance with the law of the state in which the property is situated.

If the enterprise carries on business in the other state through a PE, the profits of the enterprise may be taxed in that other state, but only the portion that is attributable to that PE. The PE should be considered a separate enterprise for this purpose.

Permanent Establishment means a fixed place of business abroad, where the business of the enterprise is wholly or partly carried on. A PE can be based on one or more of the following criteria:

• A seat of management;
• A branch;
• An office;
• A store or other sales outlet;
• A factory;
• A workshop;
• A warehouse, in relation to a person providing storage facilities for others;
• A mine, quarry, or other place of extraction of natural resources;
• A building site or construction or assembly project which exists for more than 6 months;
• The provision of services, including consultancy services, by a resident of one of the states through employees or other personnel in the other state, given that such activities continue for more than 6 months.

Two companies are considered to be Associated Enterprises if:

• A company of one state participates in the management, control, or capital of an enterprise abroad, or
• The same persons participate in the management, control, or capital of companies of two states, and
• The commercial relations of such companies are different from the relations of independent ones. In other words, the companies do not transact business at arm’s length.

In such a case, any profits that would not have accrued to one of the associated companies of enterprise A except due to one of the above conditions may be included in the profits of enterprise A and taxed accordingly.

Enterprises carrying on a ship or aircraft transport business are taxable, like others, in the country of their residency.

However, profits of companies residing in State A derived from the operation of ships or aircraft in State B may be taxed in State B. In such cases, the tax levied by State B must not exceed the lesser of the following:

• 1.5% of revenues derived from sources in State B; or
• The lowest rate of Philippines tax that may be imposed on profits of the same kind derived under similar circumstances by a resident of a third state. In other words, Singapore is considered to be a “most favored nation” for this purpose and Philippines' tax treatment for Singapore based taxpayers can not be worse than that for any other country.

The DTAA says that dividends may be taxed in the country of a recipient's residency. However, such dividends may also be taxed in the country of residency of the company that is paying the dividends, as explained below. In such a case, the tax rate shall not exceed:

• 15%, if the recipient is a company that owns at least 15% of shares of the paying company; and
• 25% in all other cases.

Example

Dividends paid by a Singapore company to the Philippines recipient are not subject to tax in Singapore when distributed, as Singapore currently does not impose a withholding tax on dividends. With regard to the Philippines, if the recipient is the Philippines holding company, there is a 100% exemption of corporate tax on dividends received from abroad, if the holding company conducts no operations in the Philippines, otherwise a reduced corporate tax rate of 10% will be applied. If the recipient is an Individual residing in the Philippines, the dividend income is taxed at the Philippines individual income tax rates.

Dividends paid by the Philippines company to non-residents are usually subject to 30% withholding tax. In case of a Singapore recipient, the rate is reduced to 15% or 25% under the DTAA provisions as mentioned above. Such dividends will likely be exempted from Singapore tax in case of a corporate beneficiary. And if the recipient is an individual, such dividends are also exempted.

The DTAA says that interest may be taxed in the country of a recipient's residency. However, such interest may also be taxed in the state in which it arises, as explained below. In such a case, the tax rate should not exceed 15%.

Example

Singapore imposes a withholding tax of 15% on any interest paid to non-residents. So the interest paid by a Singapore company to the Philippines beneficiary will be taxed in Singapore at 15% rate. If the recipient is the Philippines holding company, the tax exemption scheme is the same as in the case of dividends — if the recipient is an Individual residing in the Philippines, the dividend income is taxed at the Philippines individual income tax rates and the relevant foreign tax credit can be claimed as well.

Interest paid by the Philippines company to non-residents is usually subject to 30% withholding tax. In case of a Singapore recipient, the rate will be reduced to 15% under the DTAA provisions. Such interest will not further be taxed in Singapore taking into account the foreign tax credit scheme.

Royalties may be taxed in the country of a recipient's residency. However, they may also be taxed in the state in which they arise, as explained below. In such a case:

• The tax rate should not exceed 15% in the case of the Philippines, where the royalties are paid by an enterprise registered with the Philippine Board of Investments and engaged in preferred areas of activities, and also royalties in respect of cinematographic films, or broadcasting;
• In the case of Singapore, where royalties are approved under the Economic Expansion Incentives (Relief from Income Tax) Act of Singapore, the royalties are exempt;
• In all other cases, the tax rate should not exceed 25%.

Example

Singapore imposes a withholding tax of 10% on royalties paid to non-residents. So the royalties paid by a Singapore company to the Philippines recipient will be taxed in Singapore at 10% rate, unless exempted under the Economic Expansion Incentives Act. If the recipient is a holding company residing in the Philippines, the tax exemption scheme is the same as in the case of dividends and interest. If the recipient is an Individual residing in the Philippines, the income is taxed at the Philippines individual income tax rates and the relevant foreign tax credit can be claimed as well.

Interest paid by the Philippines company to non-residents is usually subject to 30% withholding tax. In case of a Singapore recipient, the rate will be reduced to 15% or 25% if the above DTAA conditions are met. Such interest is not further taxed in Singapore, if the foreign tax credit scheme is applied.

Gains from selling property are treated as follows:

• Immovable property — are taxed in the state where the property is situated.
• Movable property forming part of the business property of a PE — are taxed in the state where the PE is situated.
• Ships and aircraft operated in international traffic, and movable property related to the operation of such ships or aircraft — are taxed only in the company’s state of residence.
• Shares of a company, the property of which consists principally of immovable property —  are taxed in the state where such property is situated.
• Any property, other than mentioned above — is taxed only in the state where the seller is a resident.

Professional services refers to independent scientific, literary, artistic, educational, or teaching activities, and the independent activities of physicians, lawyers, engineers, architects, dentists, and accountants.

Salaries, wages, and similar forms of income of a person residing in State A for personal services performed in State B are taxable only in State A if:

• Such person is present in the State B for a period of not more than 90 days per year in the case of professional services and 183 days in other cases; and
• The remuneration is paid by a company residing in State A; and
• The income is not paid by a PE which a company residing in State A has in the State B.

In all other cases, income may be also taxed in that foreign state where the services are provided.

Payment for service as a member of the regular crew of a ship or aircraft operated in international traffic is taxable only in the state where the company that owns the craft is resident.

Directors' fees and similar payments received by a resident of State A as a member of the Board of Directors of a company that is a resident of State B are taxed in State B.

The fees a director receives for his or her day-to-day functions of a managerial or technical nature may be taxed as personal services.

A student who was a resident of State A before visiting State B and is temporarily present in State B for the purpose of education is exempt from tax in State B regarding:

• Money transfers from State A for the purposes of his/her maintenance, education, or training;
• A grant, allowance, or award, and any payments for personal services delivered in State B not exceeding S$3,600 or its equivalent during the year.

A trainee who was a resident of State A before visiting State B and is temporarily present in State B for the purpose of acquiring technical, professional, or business experience, is exempt from tax in State B for up to two years regarding:

• Money transfers from State A for the purpose of the individual’s maintenance or training, and
• Any payments for personal services delivered in State B not exceeding S$12,000 or its equivalent during the year.