A tax ruling issued by the Singapore tax authorities affects businesses distributing digitized products via the internet to Singapore customers. The ruling, entitled Income Tax Guide on E-Commerce, issued on August 31 2000, states that payments made to non-residents for the use of digitized products are subject to Singapore withholding tax, even though the selling company has no physical business activities carried out in Singapore. While the desire to protect the tax base from erosion is understandable, the August ruling did not address the fundamental distinction between a sale of copyrighted goods and a license of intellectual property. This was partially addressed when the government announced on November 11 2000 that payments for "shrink-wrap" software will be exempt from withholding tax with effect from January 1 2001. It is, however, unclear whether the proposed exemption extends to shrink-wrap software distributed via the internet.
December 01 2000