Late Filing or Non-Filing of Income Tax Returns (Form C-S/ Form C)

Companies may incur penalties and face enforcement actions for late or non-filing of their Income Tax Returns.

 

A dormant company is still required to submit its Income Tax Return unless it has been granted a waiver to file its Income Tax Return.

 

Filing Due Dates

The due date submit your annual tax return for Corporate Income Tax is:

Mode of FilingFiling Deadline
e-Filing15 Dec
Paper Filing30 Nov

    Consequences for Late / Non-Filing of Tax Returns

    IRAS may take the following actions if companies fail to file the Form C-S/ C, accounts and tax computation by the due date:

    1. Issue an estimated Notice of Assessment (NOA). The company must pay the estimated tax within one month;
    2. Offer to compound the offence with a composition amount not exceeding $1,000;
    3. Issue a Section 65B(3) notice to the director to submit the required information in the Form C-S/ C to IRAS; and/or

    4. Summon the company or person responsible for running of the company (including the directors) to Court.

      Imposition of Late Filing Fee

      A company is deemed to have committed an offence if it fails to file its income tax return, certified accounts and/or tax computation by the due date. Instead of taking prosecution actions, IRAS may allow the company to settle the offence through the payment of a composition amount.

      The composition amount ranges from $200 to $1,000, and is dependent on the company’s filing and payment records for the past two years.

      The company will need to pay the composition amount and file the overdue tax return and documents to settle the tax offence. IRAS may take legal action against the company if the company does not accept the offer to compound the offence.

      Notice to Director for Information Under Section 65B(3)

      IRAS may issue a Notice to the director of the company pursuant to Section 65B(3) of the Income Tax Act. The company director is required to provide the information requested by the due date stated in the notice, to avoid being summoned to Court.

      Court Summons

      A summons may be issued to the company and/or the director to attend Court on a specified date if IRAS does not receive:

      1. The required tax return and/or documents by the due date; and/or
      2. Payment of the composition amount by the due date.

        One Week Before the Court Date 

        If the company and/or directors do not wish to attend court, the company should take the following actions at least one week before the Court date:

        1. File the outstanding documents; and
        2. Pay the composition amount using the payment slip.

        Postponement of Court Hearing

        If the company needs more time to file and/or pay the composition amount, the company's representative, even if he is the director, must attend court on the mention date with a Letter of Authorisation to appeal for postponement. Please refer to the State Courts website for a sample Letter of Authorisation.

        Attending Court

        Failure to attend court will result in further legal actions taken against the company (for example, a warrant of arrest may be issued).

        In court, the company representative/director will have to take a plea after the charges are read. Upon conviction, the company/director may face a fine of up to $1,000/$10,000 respectively.

        The company must still file the outstanding documents, failing which further legal actions may be taken.

        Failure to File Your Tax Returns for Two or More Years

        If a company fails to file its tax returns for two years or more, it may be issued with a summons to attend court. On conviction in court, the company may be ordered by the Court to pay:

        1. A penalty that is twice the amount of tax assessed; and

        2. A fine of up to $1,000.

        Failure to pay the penalty or fine to the Court may result in imprisonment of up to six months.

        Estimated Notice of Assessment (NOA)

        IRAS may at the same time issue an estimated NOA if a company fails to file its Form C-S, or Form C together with accounts and tax computation as required. The estimated tax may be based on the company’s past years’ income or information available to IRAS.

        If a company receives an estimated NOA, it must:

        1. Pay the estimated tax within one month from the date of the NOA

          The company must pay the estimated tax even if it intends to object to the assessment or is awaiting the outcome of the objection. Otherwise, there will be penalties for late payment.

        2. File an objection to the estimated tax assessment

          If the company disagrees with the estimated tax assessment, it must file an objection to the assessment within two months from the date of the NOA.

          In filing the objection, the company must submit its Form C-S, or Form C, accounts and tax computation.  Otherwise, the estimated assessment cannot be revised, even if an objection has been filed. 

        3. File its Tax Returns

          The company should file the full set of returns with a covering objection letter immediately so that the estimated tax can be revised. Excess tax paid, if any, will be refunded upon amendment of the assessment.

        Filing Outstanding Tax Returns

        Current Year of Assessment (YA)

        Companies may e-File the Form C-S/ C for the current YA via myTax Portal if its staff or a third party (e.g. tax agent) has been authorised as an "Approver" for "Corporate Tax (Filing and Applications)" in CorpPass. For details, please refer to our Form C-S/ C filing guide

        New! From 1 Sep 2018, CorpPass will be the only login method for online corporate transactions with the Government. You must first be authorised via CorpPass before you can log in to IRAS digital services. Follow the step-by-step guides on how to register for CorpPass.

          Previous Year of Assessment(s)

          To file the tax returns for past years, companies may download a copy of the Form C-S/ C and submit by post.

          For details on the documents that need to be filed with Form C-S/ C, please refer to Documents to Prepare when Filing Form C-S/ C.

          Paying the Composition Amount

          The composition amount must be paid and the outstanding tax return submitted by the due date in order for the offence to be compounded by IRAS. Legal actions may still be taken against companies that pay the composition amount but do not file the required outstanding tax return.

          Please quote the payment slip number when making payment for the late filing fee using the preferred payment modes. GIRO payment mode is not applicable for payment of the composition amount.

          To check if payment has been credited, please log in to myTax Portal and select "View Account Summary" three working days from the date of payment.

          Appealing Against the Composition Amount

          Appeals can be made online via myTax Portal and will only be considered if the following conditions are fully met:

          1. The company has submitted the outstanding tax returns and/or documents by the due date stated in the late filing penalty notification; and

          2. The company has filed on time for the past two years.

          • Can I request for an extension to the due date to file my company’s tax return which is already overdue?

            Generally, we do not allow filing extensions. A request for extension to file may be made online via myTax Portal if the company has good filing and payment records for the last two years.

            No filing extensions can be granted if a summons to attend court has been issued. If the company/director requires an extension to file, a representative/the director must attend court on the mention date to appeal for an extension.

            Failure to attend court may result in further legal actions.

          RATE THIS PAGE

          • Strongly Disagree
          • Strongly Agree

          Information is easy to understand.

          Information is useful.

          Information is easy to find.

           
          Please email us if you would like us to respond to your enquiries.