Case and Legislation Notes: Tax Avoidance by Professionals: Where are We with Wee Teng Yau?— Wee Teng Yau V Comptroller of Income Tax

11 Pages Posted: 15 Jun 2021

See all articles by Vincent Ooi

Vincent Ooi

Singapore Management University - Yong Pung How School of Law; Singapore Management University - Centre for AI & Data Governance

Date Written: March 2021

Abstract

Wee Teng Yau represents the first case on tax avoidance by professionals to come before the Supreme Court. This note attempts to reconcile the judgments of the High Court and the Income Tax Board of Review, which both made findings that the taxpayer had engaged in tax avoidance, but which approached the case rather differently on some points. Apart from a clear rejection of the “personal exertion” principle as having no legal basis under Singapore law, it appears that the common conclusion is that professionals incorporating a company would not constitute tax avoidance in itself, but if this was coupled with the paying of an artificially low level of remuneration to the same practicing professional, this might well constitute tax avoidance.

Suggested Citation

Ooi, Vincent, Case and Legislation Notes: Tax Avoidance by Professionals: Where are We with Wee Teng Yau?— Wee Teng Yau V Comptroller of Income Tax (March 2021). Singapore Journal of Legal Studies, Mar 2021, pp 220-230, Available at SSRN: https://ssrn.com/abstract=3861460

Vincent Ooi (Contact Author)

Singapore Management University - Yong Pung How School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

HOME PAGE: http://vincentooi.com

Singapore Management University - Centre for AI & Data Governance ( email )

55 Armenian Street
Singapore
Singapore

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
1
Abstract Views
134
PlumX Metrics