Imprisonment and Tax Penalty for Business Partners for Evading Income Tax
Ting Joo (“Ting”) and Tay Swee Choong (“Tay”), the
2 recognized partners of Steelweld Construction (“SC”), a business dealing in
piping and structural steel fabrication and installation, were charged and
convicted for claiming fictitious business expenses in order to reduce their own
personal taxable income for the Years of Assessment (YAs) 2010 and 2012 to 2014.
Between the two partners, the fictitious business expenses resulted in an under-declared
income amount of over $3 million and $630,817 in
taxes undercharged.
Both Ting and Tay each faced a total of four charges under
the Income Tax Act for making false entries in their own personal income tax
returns with the wilful intent to evade tax amounting to $274,217 and $356,600 respectively.
Ting was sentenced to pay a penalty of $515,430, which is three times the amount of income tax evaded in the two proceeded charges and 8 weeks’ imprisonment. Tay was sentenced to pay a penalty of $659,004, three times the amount of income tax evaded in the two proceeded charges and 8 weeks’ imprisonment. Their respective two other charges were taken into consideration for the purpose of sentencing.
Penalties for Non-Compliance
IRAS' audit programme uncovered the offence
IRAS runs regular audit programmes across
various industries to ensure tax compliance among individuals, businesses and
the self-employed. Using data analytics and advanced statistical tools, IRAS is
able to cross-check data and detect anomalies. This case was uncovered through
one such audit programme.
IRAS Warns Against Tax Evasion
IRAS
takes a serious view of non-compliance and tax evasion. There will be severe
penalties for those who wilfully evade tax. The authority will not hesitate to
bring offenders to court. Offenders may face a penalty of up to four times the
amount of tax evaded. Jail terms may also be imposed.
Fictitious or Private Expenses
For income tax purposes, business expenses claims should not include fictitious expenses or expenses that are private in nature such as private entertainment and luxury goods expenses.
Cash Rewards for Informants
A reward based on 15% of the tax recovered, capped at $100,000, would be given to informants if the information and/or documents provided lead to a recovery of tax that would have otherwise been lost. All payments are at the discretion of the Comptroller. IRAS will ensure that the identities of informants are kept strictly confidential.
Reporting of Malpractices
Businesses or individuals are encouraged to immediately disclose any past tax mistakes. IRAS will treat such disclosures as mitigating factors when considering action to be taken. Those who wish to disclose past mistakes or report malpractices can write to:
Inland Revenue Authority of Singapore
Investigation & Forensics Division
55 Newton Road, Revenue House
Singapore 307987
Email: [email protected]
Inland Revenue Authority of Singapore