UPDATE - Freelancing while on dependent visa

[sundaymorningstaple]

Sounds like they got it in one, to me. Could it be you just don't like the answer you got? You were already forewarned here months ago. Do you have a masters?

[kithu]

Sounds like they got it in one, to me. Could it be you just don't like the answer you got? You were already forewarned here months ago. Do you have a masters?

Yes. I do have a masters. Why?

Ok. Here is an update. Couple of hours after I posted here, I received a call from another officer - who said that she'll need the contract I have with my client!!! So after all they have not closed it yet!!! Let me see. I will keep u guys posted.

Just another question - would it be legally OK if I receive the amount in my home country bank account and pay the taxes and finish off the story there?

[Carosh]

I have read the previous postings on the topic, visited MOM four times in two days, even got lost on the way in the Immigration office and it seems the more I read the less I understand. Can some one help?

I have an offer to work as a consultant for an organisation that is not registered/ not present in Singapore. I understand full well now that this scenario does not allow the organisation to apply for a LoC to employ me and that i could not apply for a work permit either.

I understand from previous discussions that a Dependant Pass (DP) does not allow me to become a free lance consultant in Singapore either.

So, registering my own business as sole proprietor seems the only option, and yet not an easy one...

Could please any one help me clarify the following:
1) Would I need to apply for a EntrePass before/ after registering the business or could I stay on my DP?

2) If I can stay on the DP, do I need to apply "only" for the LoC and this AFTER the registration of the business

3) If I "only" need a LoC, can I ask a LoC myself but in name of the business, to make myself the manager? (sounds very odd...)

4) Once the business registered, can such business managed and owned by foreigner allowed to enter into business with entities not registered in the country?

5) I saw on ACRA website that to register, one must ascertain that I am not bankrupt, who can do so?

6) Does any one have a link to website or document containing all information re. the financial and tax obligations attached to setting up a business?

Apologies... long list, i have sent questions at ACRA as well but I have had the feeling when dealing with the authorities that I was discouraged to try to work and definitely not proposed solutions, just pointed the obstacles...

Thank you in advance if any one can help!

[kithu]

Yahoooooooooo! Got my LoC approved. Received by post today!!!!!! I just could not believe it!

@Carosh: Don't let your hopes down. Anything might happen anytime. Try writing to MOM explaining your case - Mentioning that your client is Overseas. Along with the letter, I sent a Manual LoC application filled and stamped by the Company, My contract with them, My CV and explaining my role/ job description.

@Others: Guys, is this LoC sufficient or should I do something more than this? Can I start working right away? Will this LoC be sufficient when I file the Tax returns end of this year? Thanks.

[sundaymorningstaple]

You are good to go.

[Strong Eagle]

Yahoooooooooo! Got my LoC approved. Received by post today!!!!!! I just could not believe it!

Congratulations. Have the right business, do the right things... and presto... Good luck to you.

[kithu]

Thanks.

It is truly a relief

[lisainsingapore]

Kithu - would be very interested to hear how you filled out the LOC form with a foreign client/employer. I'll be in a similar situation in a couple months. Any info you can provide would be welcome. Thanks!

[newsgcomer]

Pardon me of my basic question....

Is LTVP considered a dependant pass? Once LTVP holder setup their own busines (Sole Proprietor) or company (Pte Ltd), can they be self-employed?
What pass do they need to remain their legal residency status, and at the same time they can work without any sponsoring company?

Basically, the individual would act as the employer and employee of the business. And also, can the LTVP holder sponsor their own LOC?

Any insight you have is greatly appreciated

[sundaymorningstaple]

Only the LTVP+ has the eligibility of the Dependent's Pass with regard to the LoC. Normal LTVP, cannot. So for all intents & purposes, you would have to be the foreign spouse of a Singaporean in order to work on an LTVP(+) as only those people can get an LTVP+.

[newsgcomer]

Hi SundayMorningStaple,

Yes I am a foreign spouse of a Singapore Citizen. A US company would like to engage me as a contractor provided I could sort out my work status in Singapore. Basically, I would be providing consulting services to US company that does not have presence in Singapore.

Has anybody ever in my situation - LTVP trying to work w/o sponsoring company? Or Any solution or way that you know may overcome my inability to work due to LTVP?

Someone suggested to me that "My Singaporean Spouse could start a business then hire me as employee?" Does that sound legit? To me, it sounds a bit of a redflag that the local Singapore Citizen setup a biz and hire his/her foreign spouse, then convert his/her spouse into EP???? Anyone ever walk down this path? And if you have, how is your outcome?

[newsgcomer]

@SMS, Assuming one day LTVP+ is given which allows me to work provided there is sponsoring company to put in the application.

My question is with the LTVP+, could I put in my own LOC once the business/company is setup? As I understand DP can file the LOC on their own, just wondering if it is the same case for LTVP+?

[sundaymorningstaple]

Yes it would be the same process as for the Dependent Pass holder. The LTVP+ will normally be given after having been married for 2~3 years (or 2 years if a child is produced)

If you are going to do any kind of business "IN" Singapore then you will need to have the company and a employee relationship with that business. However, if you are doing work for the foreign company that has nothing to do with Singapore, e.g., you could do the job from a beach in Bali, then, no employment pass would be needed as you are not employed by a Singapore registered company and are not doing business with Singaporean companies or citizens located here. You would, however, be technically eligible to have to pay taxes here as you are "earning income" here in Singapore, regardless as to where the money is being paid to, e.g., offshore account. IRAS and MOM see things differently and the position of IRAS is still muddy as we've never been able to pin them down to a pat answer. (typical tax collectors).

[drkperez]

Hello!

I have just moved to Singapore and I see that I am late to the discussion here but I wanted to ask you about working as a writer on a DP.

I am a US citizen and my books are published/will be published by a US publisher in the US (and worldwide). When I went to MOM today, the woman told me just to email the WPD telling them this and that it shouldn't be a problem. I am, however, wary of anything being that easy!

She said as long as I wasn't "earning income" in Singapore that it should be fine. I will be receiving royalties and (hopefully!) new advances but I am not sure if this qualifies.

I don't mind paying taxes––if I have to, I have to––but I am just uncertain about the employment pass status as obviously as US-based company with no office in Singapore can't give me an LOC.

Thanks in advance for your help!
Kristina

If you are going to do any kind of business "IN" Singapore then you will need to have the company and a employee relationship with that business. However, if you are doing work for the foreign company that has nothing to do with Singapore, e.g., you could do the job from a beach in Bali, then, no employment pass would be needed as you are not employed by a Singapore registered company and are not doing business with Singaporean companies or citizens located here. You would, however, be technically eligible to have to pay taxes here as you are "earning income" here in Singapore, regardless as to where the money is being paid to, e.g., offshore account. IRAS and MOM see things differently and the position of IRAS is still muddy as we've never been able to pin them down to a pat answer. (typical tax collectors).

[Strong Eagle]

Hello!

I have just moved to Singapore and I see that I am late to the discussion here but I wanted to ask you about working as a writer on a DP.

I am a US citizen and my books are published/will be published by a US publisher in the US (and worldwide). When I went to MOM today, the woman told me just to email the WPD telling them this and that it shouldn't be a problem. I am, however, wary of anything being that easy!

She said as long as I wasn't "earning income" in Singapore that it should be fine. I will be receiving royalties and (hopefully!) new advances but I am not sure if this qualifies.

I don't mind paying taxes––if I have to, I have to––but I am just uncertain about the employment pass status as obviously as US-based company with no office in Singapore can't give me an LOC.

Thanks in advance for your help!
Kristina

If you are going to do any kind of business "IN" Singapore then you will need to have the company and a employee relationship with that business. However, if you are doing work for the foreign company that has nothing to do with Singapore, e.g., you could do the job from a beach in Bali, then, no employment pass would be needed as you are not employed by a Singapore registered company and are not doing business with Singaporean companies or citizens located here. You would, however, be technically eligible to have to pay taxes here as you are "earning income" here in Singapore, regardless as to where the money is being paid to, e.g., offshore account. IRAS and MOM see things differently and the position of IRAS is still muddy as we've never been able to pin them down to a pat answer. (typical tax collectors).

You have been provided correct information, based upon historical observations. If you are not actively working for a company in Singapore, you don't need a work permit. You affect no one in terms of taking away a job, a chief concern of the government.

So long as you are paying taxes in the USA, you won't run afoul of the taxing authorities, although as SMS has pointed out, Singapore tax law really hasn't yet caught up with the idea of telecommuting... but I believe your circumstances exempt you from tax, just like I did not have to pay taxes on US earnings for real estate, etc.

You _could_ go the route of setting up a company, getting an EP, then pay taxes here instead of the US... better tax rates, make IRAS here happy... but this will take some time to do.