§ 37AB — Deduction for donation of money for overseas emergency humanitarian assistance

37AB.—(1) For the purpose of ascertaining the assessable income for any year of assessment of a person (called in this section the donor), there is to be deducted an amount computed in accordance with subsection (4) of all qualifying overseas cash donations made by the donor in the year immediately preceding the year of assessment.(2) Subsection (1) only applies to qualifying overseas cash donations made during the period from 1 January 2025 to 31 December 2028 (both dates inclusive).

(3) Any deduction under subsection (1) is made only after the deduction (if any) under sections 37(3)(a) and 37AA.

(4) The amount of deduction under subsection (1) in any year of assessment must not exceed the lower of the following:(a)

the total amount of all qualifying overseas cash donations made by the donor in the year immediately preceding the year of assessment;

(b)

40% of the statutory income of the donor, after subtracting the amount of any deduction made by the donor under section 37AA, for that year of assessment.

(5) Any balance of the amount that is not deducted is not available as a deduction against the donor’s income for any subsequent year of assessment and is disregarded.

(6) Section 37(2), (3C), (3E) (but not the definition of “recipient”), (3F), (3G), (3H), (3I), (3J) and (10A) applies in relation to a qualifying overseas cash donation as those provisions apply in relation to a donation mentioned in section 37(3)(b), (c), (d), (e) or (f), subject to the necessary modifications and the following other modifications:(a)

a reference in section 37(3C) to a recipient under section 37(3)(b)(i) or (ii), (c), (d), (e) or (f) is to the designated charity to which the qualifying overseas cash donation is made;

(b)

a reference in section 37(10A) to a person making the donation is to the donor.

(7) The Minister may make rules with respect to the following matters:(a)

the matters in section 37(3H) as applied by subsection (6);

(b)

any other matter for giving full effect to or for carrying out the purposes of this provision.

(8) In this section —“designated charity” means a charity (as defined by section 2(1) of the Charities Act 1994) which has been designated by the Minister or an authorised body for the purpose of this section;

“qualifying overseas cash donation” means a donation made —(a)

to a designated charity;

(b)

in response to a fund-raising appeal for which a permit has been granted by the Commissioner of Charities in accordance with regulations made under the Charities Act 1994; and

(c)

to provide humanitarian assistance connected with an emergency or event in a country outside Singapore, approved by the Minister or an authorised body for the purposes of this section.[Act 35 of 2024 wef 27/11/2024]

—(1) For the purpose of ascertaining the assessable income for any year of assessment of a person (called in this section the donor), there is to be deducted an amount computed in accordance with subsection (4) of all qualifying overseas cash donations made by the donor in the year immediately preceding the year of assessment.

(2) Subsection (1) only applies to qualifying overseas cash donations made during the period from 1 January 2025 to 31 December 2028 (both dates inclusive).

(3) Any deduction under subsection (1) is made only after the deduction (if any) under sections 37(3)(a) and 37AA.

(4) The amount of deduction under subsection (1) in any year of assessment must not exceed the lower of the following:(a)

the total amount of all qualifying overseas cash donations made by the donor in the year immediately preceding the year of assessment;

(b)

40% of the statutory income of the donor, after subtracting the amount of any deduction made by the donor under section 37AA, for that year of assessment.

(5) Any balance of the amount that is not deducted is not available as a deduction against the donor’s income for any subsequent year of assessment and is disregarded.

(6) Section 37(2), (3C), (3E) (but not the definition of “recipient”), (3F), (3G), (3H), (3I), (3J) and (10A) applies in relation to a qualifying overseas cash donation as those provisions apply in relation to a donation mentioned in section 37(3)(b), (c), (d), (e) or (f), subject to the necessary modifications and the following other modifications:(a)

a reference in section 37(3C) to a recipient under section 37(3)(b)(i) or (ii), (c), (d), (e) or (f) is to the designated charity to which the qualifying overseas cash donation is made;

(b)

a reference in section 37(10A) to a person making the donation is to the donor.

(7) The Minister may make rules with respect to the following matters:(a)

the matters in section 37(3H) as applied by subsection (6);

(b)

any other matter for giving full effect to or for carrying out the purposes of this provision.

(8) In this section —“designated charity” means a charity (as defined by section 2(1) of the Charities Act 1994) which has been designated by the Minister or an authorised body for the purpose of this section;

“qualifying overseas cash donation” means a donation made —(a)

to a designated charity;

(b)

in response to a fund-raising appeal for which a permit has been granted by the Commissioner of Charities in accordance with regulations made under the Charities Act 1994; and

(c)

to provide humanitarian assistance connected with an emergency or event in a country outside Singapore, approved by the Minister or an authorised body for the purposes of this section.[Act 35 of 2024 wef 27/11/2024]