Working as personal trainer whilst holding an EP

[tihelbi]

Hi everyone,

I was searching through this forum but I couldn't find any answer to my question. I only found similar threads for Dependent Pass holders.

Currently I am employed at an MNC and I am holding an Employment Pass.
Next to my job I would like to work as a Personal Trainer (freelance).

A friend of mine told me that I need a "letter of no objection" from my employer. After this I can apply for an EntrePass. Actually, it is not a big deal to get this letter from my employer. However, I checked with MOM the EntrePass criterias and it looks like that my business as a personal trainer does not fulfill any of the listed requirements (at least one must be fulfilled):
1) Receive funding from a recognized third-party VC
2) Holds an Intellectual property (IP)
3) Has ongoing research collaboration with a research institution recognised by Agency for Science
4) supported by a singapore incubator.

Do I need to apply for an EntrePass or is there any other way?

Hope you can advise me on this.

Thank you

[Strong Eagle]

You definitely would not want an Entrepass, but it doesn't matter anyway. You cannot work a second job while on EP. Period. End. Check this thread.

http://forum.singaporeexpats.com/ftopic99591.html

[tihelbi]

Thank you very much for your reply.

Would it make a difference if I offered my services only online over the interent? Meaning, I would have clients from all over the world and I would consult them online (e.g. via Skype).

[ecureilx]

Thank you very much for your reply.

Would it make a difference if I offered my services only online over the interent? Meaning, I would have clients from all over the world and I would consult them online (e.g. via Skype).

what you are asking is a grey area ..

as per MOM Law, you can't do it, as long as you are on a Pass here.

Though, as you say, if you do it online, then .. it is a grey area.

If you get caught for something or other, this freelancing will work again aggravate the situation .. that's all I know

[Beeroclock]

Thank you very much for your reply.

Would it make a difference if I offered my services only online over the interent? Meaning, I would have clients from all over the world and I would consult them online (e.g. via Skype).

what you are asking is a grey area ..

as per MOM Law, you can't do it, as long as you are on a Pass here.

Though, as you say, if you do it online, then .. it is a grey area.

If you get caught for something or other, this freelancing will work again aggravate the situation .. that's all I know

IMO if you are sitting in Singapore while doing the Skype session, then it's still likely to be considered paid freelance work outside the scope of your EP. Probably the only way to be certain is to seek a clarification directly from MOM. Otherwise better not take the chance I suggest.

[Strong Eagle]

Thank you very much for your reply.

Would it make a difference if I offered my services only online over the interent? Meaning, I would have clients from all over the world and I would consult them online (e.g. via Skype).

This would not be an issue as you are truly under the radar. You affect no Singapore jobs, and so long as you pay tax on your income elsewhere, no one would come after you.

Having said that, telecommuting is an ill-defined part of the law in Singapore.

[tihelbi]

Thank you very much guys! I really appreciate.

@Strong Eagle: Does it mean that I should register my "online business" in another country (e.g. my home country) and pay tax over there? Or still assuming that it is only online business, would it then also be possible that I "receive" the money from my online clients and I tax it in Singapore on top of my salary I get from my company?

[FaeLLe]

You do not need to pay tax on foreign earnings in Singapore even if tax resident....

Whether you can be legally employed overseas is a different question.

[Strong Eagle]

You do not need to pay tax on foreign earnings in Singapore even if tax resident....

Whether you can be legally employed overseas is a different question.

Do a search on "telecommuting". You'll find several threads where I and others have commented on working for a company outside of Singapore when you are in Singapore. Singapore's laws seem to have gaps when it comes to this kind of thing.

[tihelbi]

Thank you very much for your comments.

I understand that it is not possible to receive any other income besides the income from the company which provides my EP.

Would it be possible to work as a personal trainer (online and physically in Singapore) for a company which is registered and located in a foreign country (and only there)?
Meaning, I would create a company with a physical "office" in my home country and I would be employed there. However, I would provide the services (personal training) in Singapore. All invoices and receipts would be issued with the name of this company and all of the tax would be paid in my home country. All of the earned money would be paid into the company's bank of my home country. I wouldn't declare anything in Singapore.
Of course besides I would still hold my EP and work for my employer in Singapore.

Would this be possible (knowing that I need to pay way more tax with this approach)?

Thanks

[AngMoG]

Thank you very much for your comments.

I understand that it is not possible to receive any other income besides the income from the company which provides my EP.

Would it be possible to work as a personal trainer (online and physically in Singapore) for a company which is registered and located in a foreign country (and only there)?
Meaning, I would create a company with a physical "office" in my home country and I would be employed there. However, I would provide the services (personal training) in Singapore. All invoices and receipts would be issued with the name of this company and all of the tax would be paid in my home country. All of the earned money would be paid into the company's bank of my home country. I wouldn't declare anything in Singapore.
Of course besides I would still hold my EP and work for my employer in Singapore.

Would this be possible (knowing that I need to pay way more tax with this approach)?

Thanks

That sounds like it is definitely illegal. On the online side, there may be a bit of a grey area if the customers are outside SG as well, but when it comes to in-person training, it is definitely work and would not be legal for you, as you are already on EP. No matter if the employer is in SG or not, but you are still doing work here that is not covered under your EP.

[beppi]

Your approach is called "under the radar", but it's still illegal on two fronts (although the chances of being found are probably lower):
- You are not allowed to do ANY work other than for the company your EP is issued for.
- You have to tax in Singapore ALL income derived from work in Singapore.