Tax on gains and dividends: check how IRAS treats you

You will be able to identify the tax questions your trading raises and where to check the answers.

At a dinner, a friend told Marcus that Singapore has no capital gains tax, "so trade as much as you like". Another friend said she knew someone who'd been asked by IRAS to explain years of share trading. Both stories can be true. Singapore doesn't tax capital gains as such, but it does tax trading income, and the line between the two depends on how you behave, not on what you call yourself.

This reading sets out the questions your investing raises and where to check the answers. It doesn't decide anyone's tax position. IRAS does that, case by case, and its published guidance is the source to read.

No capital gains tax, but trading income is taxed

Tax & Reliefs: how your income tax works and the reliefs you can claim explains the general rule in lesson 5.1, Dividends, interest and investment gains. If you buy shares, units or bonds as a long-term investment and later sell them at a profit, the gain is generally not taxed. If the way you buy and sell looks like a trade or business, IRAS can treat the gains as income and tax them at your income tax rates.

IRAS doesn't decide this from one sale. It looks at the whole pattern of your activity over time.

What the pattern looks like to IRAS

IRAS sets out the factors it considers on its website, and that lesson lists the main ones: how often you buy and sell, how long you hold, whether you borrow to buy, why you bought, and whether trading is close to what you do for a living. No single factor settles it, and the weight each carries depends on the facts.

Here's how Marcus checked himself against those factors.

How often: Marcus made 16 trades last year, most of them rebalancing, against a portfolio held for years. How long: his stocks have been held for between three and ten years, his funds longer. Financing: he has never used margin. Reason: each purchase has a written thesis or comes from his allocation. Occupation: he runs operations for a logistics firm, with no link to securities trading

On every factor, his pattern looks like long-term investing. That's his own reading of published factors, and it doesn't bind IRAS. If any part of his situation were unusual, the IRAS guidance and, where needed, a tax professional would be the place to go.

Frequent short-term trading changes the picture

Now look at the strategies from module 10 through the same factors. The momentum portfolio in lesson 10.5, Momentum and relative strength: the part with academic backing, traded 72 times a year in a S$20,000 account. The monthly rule in lesson 10.6, Data mining, overfitting and transaction costs, placed 48 orders a year. A moving average rule moves the whole account in and out of the market on signals. Each of these produces frequent buying and selling with short holding periods, and some traders fund them with margin.

That's the pattern the factors are designed to catch. Frequent short-term trading doesn't automatically make gains taxable, but it raises the risk that IRAS sees a trade, and the risk grows the more often you trade, the more you borrow and the larger the share of your income it provides. Anyone thinking of running a high-turnover strategy should read the IRAS guidance before starting, while the answer can still change what they do.

One more point follows. If gains are taxed as income, a strategy's return after tax is lower than its backtest shows, which makes the cost hurdle from lesson 10.6 higher still.

Dividends and foreign income

Dividends from Singapore companies are paid under the one-tier system and are exempt in your hands, as Tax & Reliefs, lesson 5.1, explains. Distributions from S-REITs held as investments are generally exempt for individuals too.

Foreign dividends, such as those from US companies or foreign funds, are foreign-sourced income. For individuals, foreign-sourced income received in Singapore is generally exempt unless it comes through a partnership in Singapore, as Investing in US and global markets from Singapore covers in lesson 3.3, How Singapore treats the dividends that reach you, and Tax & Reliefs covers in lesson 6.1, Foreign income received in Singapore. The tax that usually matters is the withholding taken abroad before the money reaches you, which lesson 12.3, The full cost stack: commissions, spreads, FX, custody and withholding tax, counted as a cost.

These rules are published by IRAS and updated from time to time. Treat every sentence in this reading as a pointer to the current IRAS page, and note the date you checked it.

Record what you checked

Tax & Reliefs suggests keeping a short note with the date you checked each rule, in lesson 7.3, Records to keep and the year-end routine. Do the same in your workbook: a line on your trading pattern against each factor, a line on your dividend sources and their treatment, the IRAS pages you read and the date. If your pattern changes, for instance if you start a trading strategy or use margin, the note tells you it's time to read the guidance again.

Before you start, find the IRAS page on gains from the sale of shares and count your trades and typical holding periods over the last two years.

Read the IRAS guidance on gains from the sale of shares and write how your trading pattern would be viewed against it.

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