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Single Family Office Section 13D – Offshore Fund Exemption Scheme

Updated: Sep 21



Single Family Office Section 13D – Offshore Fund Exemption Scheme


Single Family Office (SFO)


A single family office (SFO) is a privately-held company established by a wealthy family to manage their financial affairs. SFOs provide a comprehensive range of services tailored to the unique needs of high-net-worth individuals and families.


Key services typically offered by SFOs include:


  • Investment management: This includes selecting and managing investments across various asset classes such as stocks, bonds, real estate, and alternative investments.

  • Wealth preservation: SFOs implement strategies to protect and grow the family's wealth over generations, often through estate planning and tax optimization.

  • Philanthropy: SFOs assist families in establishing and managing philanthropic foundations or charitable giving programs.

  • Family governance: They help families develop and implement governance structures to ensure continuity and alignment within the family business and wealth.

  • Personal services: SFOs may also provide personal services such as travel planning, property management, and lifestyle management.


Benefits of using an SFO:


  • Personalized attention: SFOs can provide highly customized services tailored to the specific needs and goals of the family.

  • Long-term perspective: SFOs often have a long-term focus on wealth preservation and intergenerational wealth transfer.

  • Confidentiality: SFOs are typically privately-held and can offer a high level of confidentiality.

  • Expertise: SFOs can leverage specialized expertise in various areas, such as investment management, tax planning, and estate planning.


Types of SFOs:


  • Multi-family office: A multi-family office serves multiple wealthy families and may offer a wider range of services than a single-family office.

  • Family investment office: This type of SFO focuses primarily on investment management.

  • Family trust company: A family trust company is a legal entity that manages the family's assets and can provide various fiduciary services.


In conclusion, a single family office is a valuable tool for wealthy families seeking personalized wealth management and family governance services. By leveraging the expertise and resources of an SFO, families can effectively manage their financial affairs and ensure the long-term sustainability of their wealth.


Singapore SFO Offshore Fund Tax Exemption


The Single Family Office Section 13D – Offshore Fund Exemption Scheme in Singapore provides a tax exemption for certain single family offices (SFOs) that invest in offshore funds. This scheme is aimed at attracting SFOs to Singapore and promoting the growth of the country's fund management industry.


Key Requirements for Exemption:


  1. SFO Status: The entity must be a single family office, meaning it is primarily owned and controlled by a single family or group of related individuals.

  2. Offshore Fund Investment: The SFO must invest in a qualifying offshore fund, which is defined as a fund that is established and managed outside of Singapore.

  3. Substantial Investment: The SFO must invest a substantial amount in the offshore fund. The exact amount required may vary, but it is generally expected to be a significant portion of the SFO's total assets.

  4. Compliance with Regulatory Requirements: The SFO must comply with all applicable regulatory requirements in Singapore, including those related to fund management, tax, and financial reporting.


Benefits of the Exemption:


  1. Tax Exemption: The SFO will be exempt from Singapore corporate income tax on its income from the offshore fund investment.

  2. Attractive Investment Environment: Singapore offers a stable, pro-business environment with a well-developed legal and regulatory framework, making it an attractive location for SFOs to invest and manage their wealth.

  3. Access to Global Markets: Singapore's strategic location and strong connectivity provide SFOs with access to global markets and investment opportunities.


Additional Considerations:


  • The exemption may be subject to certain conditions or limitations, such as a minimum holding period for the offshore fund investment.


Section 13D – Offshore Fund Exemption Scheme


The Section 13D – Offshore Fund Exemption Scheme is a tax incentive offered by the Singapore government to attract single family offices (SFOs) to the country. Under this scheme, SFOs that invest in qualifying offshore funds can benefit from a tax exemption on their income from such investments.


Key features of the scheme:


  • Tax exemption: SFOs that meet the eligibility criteria can enjoy a tax exemption on their income derived from investing in qualifying offshore funds.

  • Qualifying offshore funds: These are funds that are established and managed outside of Singapore.

  • Eligibility criteria: To qualify for the exemption, SFOs must meet certain criteria, such as having a substantial investment in the offshore fund and complying with Singapore's regulatory requirements.


Requirements for Tax Exemption


The scheme has specific requirements as shown below.



13D SCHEME

(OFFSHORE FUND)

Must be a new fund entity

Yes

MAS’s prior approval

Not required

Form of fund entity

Companies and individuals

Applicable exemption

Tax exemption on “specified income” from “designated investments” such as

trading income from stocks and shares. Examples of income excluded from

the scope of tax exemption are income from real property situated in

Singapore, investment in physical gold, and artwork.

Fund’s residence

Non-tax resident of Singapore with no presence in Singapore

SFO licensing requirements

Must be based in Singapore and holding a Capital Markets Services (CMS) licence or expressly exempted from holding a CMS licence

SFO employment requirements

No restriction

Local investment

No restriction

Fund administrator

No need to bebased in Singapore

AUM

No minimum amount required

Investor requirements

Non-qualifying investors (e.g., Singapore non-individuals investing above a certain

percentage in the fund) will be subject to a

financial penalty.

The formula to calculate the penalty amount is:

% held by the beneficial owner in the fund x

amount of income by the fund x corporate

income tax rate of 17%

Annual business spending (including fund management fee)

No minimum business spending required

Reporting requirement

Annual statements to investors

Non-qualifying investors need to file taxes with

IRAS

Income tax filing requirement

Annual statements to investors required

Declaration to IRAS required if financial

penalty applies

Tax returns and corporate filings required


Benefits of the scheme:


  • Reduced tax liability: The exemption can significantly reduce the tax burden on SFOs that invest in offshore funds.

  • Attractive investment environment: Singapore's stable economy, pro-business climate, and strong regulatory framework make it an attractive location for SFOs to invest and manage their wealth.

  • Access to global markets: Singapore's strategic location and well-developed financial infrastructure provide SFOs with access to global investment opportunities.


Additional considerations:


  • The exemption may be subject to certain conditions or limitations, such as a minimum holding period for the offshore fund investment.


In conclusion, the Section 13D – Offshore Fund Exemption Scheme is a valuable incentive for SFOs looking to invest in offshore funds and benefit from a reduced tax liability. By understanding the key features and eligibility criteria of the scheme, SFOs can make informed decisions about their investment strategies and maximize the benefits of investing in Singapore.


How Bestar Can Assist with the Section 13D Offshore Fund Exemption Scheme


Bestar, as a leading provider of financial services in Singapore, can offer comprehensive support to single family offices (SFOs) seeking to leverage the Section 13D Offshore Fund Exemption Scheme. Our services include:


1. Eligibility Assessment and Guidance


  • Determining Eligibility: Bestar can assess whether an SFO meets the specific criteria for the Section 13D exemption, including the substantial investment requirement and compliance with regulatory standards.


2. Tax Structuring and Planning


  • Optimal Structure: Bestar can assist in structuring the SFO and its offshore fund investments to maximize tax benefits and minimize potential risks.

  • Tax Planning: We can provide guidance on tax-efficient strategies, including asset allocation, dividend distribution, and capital gains management.


3. Regulatory Compliance


  • Adherence to Rules: Bestar can ensure that the SFO and its offshore fund investments comply with all relevant Singapore tax laws and regulations.

  • Regulatory Updates: We can keep clients informed of any changes in the tax landscape that may affect the eligibility or benefits of the exemption.


4. Administrative Support


  • Documentation and Record-Keeping: Bestar can assist with the preparation and maintenance of necessary documentation and records to support the claim for the exemption.

  • Compliance Reporting: We can help SFOs prepare the required compliance reports and filings to maintain eligibility for the exemption.


Bestar can help in various ways when dealing with the Section 13D – Offshore Fund Exemption Scheme:


  1. Eligibility Assessment: They can assess whether an SFO meets all the eligibility criteria for the exemption, including determining if the offshore fund qualifies and if the investment is substantial enough.

  2. Compliance Guidance: Tax professionals can provide guidance on how to comply with the regulatory requirements associated with the scheme, such as filing tax returns and maintaining proper records.

  3. Tax Planning: They can help SFOs develop tax-efficient investment strategies to maximize the benefits of the exemption and minimize overall tax liability.

  4. Structuring Advice: Tax professionals can assist in structuring the SFO and the offshore fund investment in a way that optimizes tax benefits and minimizes risks.

  5. Tax Return Preparation: They can prepare the necessary tax returns for the SFO and the offshore fund, ensuring that all relevant information is reported accurately and that the exemption is claimed correctly.

  6. Ongoing Monitoring: Tax professionals can monitor changes in tax laws and regulations that may affect the eligibility or benefits of the exemption, providing updates and advice as needed.


By leveraging Bestar's expertise and services, single family offices can effectively navigate the complexities of the Section 13D Offshore Fund Exemption Scheme and maximize its benefits.













Single Family Office


Singapore Economic Development Board (EDB)


Tax Exemption. Three of the main fund tax exemption schemes offered by the Singapore government are: (i) Section 13D – Offshore Fund Exemption Scheme. (ii) ...



Single Family Office

Singapore Economic Development Board (EDB)

https://www.edb.gov.sg › dam › drew-and-napier-llc

PDF

Tax Exemption. Three of the main fund tax exemption schemes offered by the Singapore government are: (i) Section 13D – Offshore Fund Exemption Scheme. (ii) ...


Single Family Office


file:///C:/Users/besta/Downloads/drewnapierllc-single-family-office-setting-up-in-singapore-english%20(1).pdf

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