A member asked over 8 years ago

Should I incorporate my Internet business in Singapore?

I'm starting an Internet company with a Singaporean citizen. She is suggesting that we incorporate our company in Singapore as opposed to Australia (my country of residence). Is this a good move?  Are there any advantages and disadvantages to setting up in Singapore? E.g. What would my personal income tax payment arrangements look like if I set up in Singapore but continue to live in Australia? 

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. There are many things to consider when one is thinking of incorporating a company in Australia or offshore. You may like to first consider the following issues:

  • Consider how corporations are regulated in Singapore. In Australia, incorporating a company means you agree to certain ongoing regulatory requirements such as reporting and accounting obligations. Knowing exactly what your regulatory burden will be when you incorporate is very important because keeping up with the obligations can be time consuming and costly (especially for a small company). This means that you will have to carefully weigh the differences in regulatory requirements between Australia and Singapore.
  • Consider what the company tax rate is in Singapore. In Australia the corporate tax rate is 30%, while in Australia the corporate tax rate in Singapore is 17%. This seems like an obvious advantage. However, if you incorporate in Singapore but you are sourcing your income from Australia from Australian clients you may still have to pay Australian Tax.
  • Consider your ability to communicate with corporations regulator in Singapore if issues with your company arise. The advantage of incorporating in Australia is that it will be very easy and accessible for you to find a lawyer if you need one. Should problems arise, navigating the Singapore legal system is probably not something you are equipped to do
  • Consider whether incorporation is actually the right choice for your young business at this stage. If your business is small you may not actually be able to deal with the regulatory burden and cost of incorporating at this early stage.

While there may be many obvious advantages with one choice over another, this area is complex and if you have never incorporated a company before you may fail to consider something important.


Suggested way forward

We suggest that you consult a lawyer who has commercial experience in this area to give you advice on the advantages and disadvantages of incorporating in a foreign company. There will be many things to consider, and it is not just the obvious issues that may cause problems in the long run. by pressing the "Take Action" button through LawAdvisor we can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 8 years ago   Legal disclaimer

Dudley Kneller
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