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International Tax · Jul 2026 · 7 min read

Withholding tax on cross-border services: where the work is done decides

Author: Michael Velten
Withholding tax on cross-border services: where the work is done decides

What happened

In July 2026, IRAS revised its guidance on withholding tax for technical and management services paid to non-residents under section 12(7) of the Income Tax Act 1947. It also named withholding tax obligations as a target of upcoming compliance programmes. The guidance confirms these points:
  • Rate: withholding applies at 17% on the gross fee for the part of the work performed in Singapore.
  • Not a final tax: the non-resident can file accounts and a computation to claim expenses and obtain a refund.
  • Remote services: services delivered electronically from overseas, with no staff travelling to Singapore, are treated as performed outside Singapore and are not subject to withholding.
  • Seconded staff: allowances paid for non-resident staff sent to Singapore count as additional service fees.
  • Cost reimbursements: the concession for cost-pooling reimbursements to related parties ended for payments after 31 October 2022.
  • Treaty relief: most treaties remove the charge unless the provider has a Singapore PE, provided a certificate of residence is held and Form IR37 is still filed. Some treaties differ, such as the 5% technical fees rate under the Malaysia treaty.

Why it matters

Calling a fee "management" or "technical" does not settle the treatment. Where the work is performed decides it, and the invoice seldom shows this. Withholding tax is due by the 15th of the second month after the date of payment. Late payment attracts a 5% penalty, rising by 1% a month to a maximum of 15%. Contracts without a gross-up clause leave the Singapore payer bearing the cost.

What to do now

Review intercompany and third-party service agreements so that they record where the work is performed. Apportion fees where work is done partly in Singapore, and hold certificates of residence before relying on treaty relief. With IRAS signalling a compliance programme, consider a voluntary disclosure for past gaps. Note also that from 1 January 2027 the new Singapore–Taipei agreement is expected to bring service fees within its business profits article.

Key resources

General information only; not tax or legal advice.