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by Strong Eagle » Sat, 08 Oct 2016 3:38 am
There are only two options available, and I really don't think one of them is viable.
Find a body shop that is headquartered in Singapore and will be willing to try and obtain an EP for you. Expect at least a 25 percent (and probably closer to 50 percent) override on whatever salary you are going to be paid.
But here's the kicker. Body shops rent people out to existing business entities in Singapore. They have to state the amount the contractor will be paid in order to qualify for an EP, and while I don't have all the details, I expect they will also be telling MoM whom the contractor will be working for and in what position.
So, who will you be working for? Your problem is that if you are working for a body shop but you're not contracted to anyone, you may well be perceived as carrying on business in Singapore without a legal business entity, and that is a no-no. Who is going to pay the body shop its monthly fees, which include the salary you are going to be paid?
The only way I see this working is if you work directly for the body shop, under their direction and their EP. Their directions to you just happen to be the work that you are in APAC to do. Your US based company would be paying the body shop directly. For example, if I still had my company in Singapore, I'd enter into a contract to perform certain services for the US company in Singapore, then hire you to perform those services. You would be my employee and I would bill your US company 125 to 150 percent of your salary.
In the absence of a legal entity that you will be contracted into, I judge that your best course of action is to form the company. It is not very expensive, relatively speaking, and it is quick. You get a Singapore firm to create the Singapore exempt private limited and you appoint one of their rented directors, who proceeds to apply for an EP for you, at which time you can become the director.
The company is a wholly owned subsidiary of the US firm... $1 in paid up capital will do it. Besides the fact that there are generous corporate tax allowances, your Singapore company isn't going to turn a profit anyway. No tax, the primary expenses will be an outside secretary and preparation of annual reports and corporate taxes, probably in the vicinity of S$2,500 yearly or less.
Your only other option would be to consider a representatives office. However, there are very rigid rules around such an office, and if you are visiting existing customers, you wouldn't qualify.