The One Big Beautiful Bill Act (OBBBA), signed July 4, 2025 and effective for tax years beginning after December 31, 2025, replaced GILTI with NCTI - and the math is meaningfully worse for US persons who own Singapore companies. If you're a US citizen, green card holder, or US tax resident with 10%+ ownership of a Singapore Pte Ltd that meets the CFC test, your annual US tax inclusion roughly doubles in 2026 versus 2025. This piece walks through what changed, who it hits, a worked example for a typical Singapore Pte Ltd, and what to do about it.
We assume basic familiarity with Subpart F and CFC concepts. If you don't know whether your Singapore Pte Ltd is a CFC, the short answer is: if more than 50% of the shares (by vote or value) are held by US shareholders who each own 10%+, it's a CFC. Most US-founded Singapore Pte Ltds are.
What OBBBA actually changed
GILTI ("Global Intangible Low-Taxed Income") was introduced in the 2017 Tax Cuts and Jobs Act to discourage US multinationals from parking IP in low-tax jurisdictions. OBBBA renamed and rewrote it as NCTI ("Net CFC Tested Income") with three big substantive changes:
| Element | GILTI (through 2025) | NCTI (from 2026) |
|---|---|---|
| QBAI deduction | 10% return on tangible assets excluded from inclusion | Eliminated - 100% of CFC tested income is in scope |
| Section 250 deduction | 50% of inclusion deductible | 40% deductible (effective US rate rises from 10.5% to ~12.6%) |
| Foreign Tax Credit haircut | 20% of foreign tax was disallowed | 10% haircut (this is the one piece of good news) |
| FDII / FDDEI rate | 13.125% | ~14% (renamed FDDEI - Foreign-Derived Deduction Eligible Income) |
| Inclusion year | Tax years beginning after Dec 31, 2017 | Tax years beginning after Dec 31, 2025 |
The QBAI elimination is the killer for asset-light businesses. A Singapore SaaS or consulting Pte Ltd with no real tangible assets used to get a small reduction in the GILTI inclusion via QBAI; now they get nothing.
Who this hits
NCTI affects:
- US persons owning 10%+ of a Singapore Pte Ltd that is a CFC. This includes US citizens abroad, green card holders living in Singapore, and accidental Americans.
- US LLCs that own a Singapore Pte Ltd. The inclusion flows through to the US member.
- US C-Corps with Singapore subsidiaries. The inclusion is a corporate-level item, generally less painful because of the corporate FTC mechanics.
NCTI does NOT directly affect:
- Non-US shareholders of a Singapore Pte Ltd (Singapore residents, Indian residents, etc.)
- US persons owning less than 10% of a CFC (you escape NCTI but may still face PFIC if the entity is one)
- Singapore Pte Ltds that are not CFCs (i.e., majority owned by non-US persons)
Worked example: US founder, US$220K Singapore Pte Ltd profit
Let's run the numbers for a realistic scenario: a US-citizen founder living in Singapore on an EP, owning 100% of a Singapore Pte Ltd that earns S$300K (~US$220K) of operating profit in 2026. The business is asset-light (think SaaS, consulting, agency).
Step 1: Singapore-side tax- SUTE applies: first S$100K is 75% exempt (S$25K taxable), next S$100K is 50% exempt (S$50K taxable), rest fully taxable (S$100K)
- Chargeable income: S$175K. Tax at 17%: S$29,750
- 40% Budget 2026 CIT rebate: -S$11,900
- Singapore tax: S$17,850 (~US$13,200)
- Tested income (Singapore profits in USD): US$220,000
- Less Singapore tax allocated: -US$13,200
- Less QBAI return: $0 (eliminated under OBBBA)
- Net Tested Income (NCTI): US$206,800
- Section 250 deduction: 40% x $206,800 = -$82,720
- Taxable NCTI: $124,080
- If you take the inclusion at individual rates (37% top bracket): ~$45,910 US tax
- If you elect Section 962 (corporate rates 21%): ~$26,057 US tax
- Singapore tax paid: $13,200
- 10% haircut under NCTI rules: $13,200 x 90% = $11,880 creditable
- Net US tax (Section 962 election): $26,057 - $11,880 = ~$14,177
- Net US tax (no Section 962): $45,910 - $11,880 = ~$34,030
- Singapore: $13,200
- US (Section 962 elected): $14,177
- Combined: $27,377 on $220,000 profit (12.4% effective rate)
- Without Section 962: $47,230 (21.5% effective rate - similar to Delaware C-Corp)
Compare to GILTI 2025: Same scenario under the old rules would have produced roughly $20K-22K combined tax (the QBAI deduction would have shaved off the inclusion further, and the Section 250 deduction at 50% would have been more generous). NCTI raises the bill by approximately 25-35%.
Section 962 election: usually a winning move
The Section 962 election is the single most useful planning lever for individual US shareholders of a Singapore Pte Ltd. It lets you elect to be taxed on Subpart F and NCTI inclusions at corporate rates (21%) instead of individual rates (up to 37%) and claim the foreign tax credit normally. Without it, the inclusion is taxed at ordinary individual rates and the FTC mechanics are clunky.
The catch: If you later distribute the previously-taxed earnings to yourself as a dividend, the dividend is taxable at individual rates with a basis recovery for the corporate-level tax already paid. Net effect: you defer second-layer tax until distribution, but you pay it eventually.
When Section 962 makes sense: You plan to leave profits in the Singapore Pte Ltd (reinvest in the business, build retained earnings). You don't need the cash personally. You're in a high US individual tax bracket.
When it doesn't: You strip every dollar out as soon as it's earned. Then there's no deferral benefit and the second-layer tax bite reduces the value.
Other planning options
Check-the-box (CTB) election to disregard the Singapore Pte Ltd.- You file Form 8832 electing to treat the Pte Ltd as a disregarded entity for US tax purposes (since it's a single-member entity, this is available)
- Effect: Singapore profits flow directly to your US 1040 as if you earned them personally - taxed at individual rates without the CFC machinery
- FTC for Singapore tax is still available, more cleanly than under NCTI
- You completely avoid Form 5471 (replaced by Form 8858 for foreign disregarded entities)
- Best for: Solo founders who repatriate everything and want simplicity
- Worst for: Founders who want to retain earnings in Singapore - CTB election eliminates the deferral that NCTI permits
- You set up a Delaware C-Corp parent that owns 100% of the Singapore Pte Ltd
- The C-Corp is the US shareholder for CFC purposes; NCTI inclusion happens at the C-Corp level (21% corporate rate, cleaner FTC)
- Effective NCTI rate at the corporate level: ~12.6% (close to break-even with Singapore tax for many fact patterns)
- The catch: dividends from the Singapore Pte Ltd to the C-Corp are tax-free (Section 245A participation exemption), but distributions from the C-Corp to you as the individual shareholder are taxable as qualified dividends (15-23.8%)
- Best for: Founders who anticipate US fundraising or want to optimize for US-LP investor compatibility
- If you bring in non-US co-founders or investors who collectively own more than 50%, the Pte Ltd ceases to be a CFC
- NCTI no longer applies (though you may face PFIC if the entity has >75% passive income)
- Practical only if you legitimately need outside ownership and the dilution makes business sense
What you must file (compliance burden in 2026)
- Form 5471 - annually. Categories 1, 4, or 5 depending on your ownership and CFC status. Schedules I-1 (NCTI), J (E&P), P, Q, R all in scope. The IRS has automated $10K penalty enforcement for late/missing 5471s in 2026 - more on that in our Form 5471 filing guide.
- Form 8992 - calculates your NCTI (formerly GILTI). One per US shareholder.
- Form 8993 - if you elect Section 250 deduction (you should).
- Form 1118 (corporate) or 1116 (individual) - foreign tax credit calculation.
- Form 8832 - if you make a check-the-box election. One-time filing.
- FBAR (FinCEN 114) - if your Singapore Pte Ltd's bank accounts cross US$10K aggregate.
- Form 8938 - if your foreign financial assets exceed the threshold (varies by filing status and residence). See our FBAR + 8938 checklist.
What you should do this quarter
- Confirm whether your Singapore Pte Ltd is a CFC for the 2026 tax year (US ownership, by vote AND by value, more than 50%)
- Run the NCTI numbers with your CPA for projected 2026 profits - if you've been getting away with $0 GILTI inclusions historically due to QBAI, you'll likely have a real bill in 2026
- Decide whether to elect Section 962 (if individual shareholder) - generally yes if you're keeping cash in the Pte Ltd
- Consider whether check-the-box or a US C-Corp holdco changes the math favorably for your facts
- Make sure your 2026 estimated tax payments reflect the higher inclusion - the IRS will charge underpayment interest if you wait until April 2027
How Karman supports US founders
We incorporate Singapore Pte Ltds for US founders and run the Singapore-side ongoing services: nominee director, accounting, secretary, GST. We're not US tax advisors - the analysis above is general and your specific facts will change the numbers.
For US international tax filings (Forms 5471, 8992, 8993, FBAR, 8938), we work with US-based CPA firms that specialize in expat and CFC compliance. If you're already a Karman client, we can introduce you. If you're evaluating whether Singapore makes sense given the new NCTI math, our business structure recommender is a starting point - and our Singapore vs Delaware C-Corp guide covers the broader trade-off.
Official Sources
Frequently Asked Questions
NCTI (Net CFC Tested Income) is the renamed and restructured successor to GILTI under the One Big Beautiful Bill Act (OBBBA), effective Jan 1, 2026. The key changes: the QBAI deduction (10% return on tangible assets) is eliminated, the Section 250 deduction shrinks from 50% to 40%, and the foreign tax credit haircut drops from 20% to 10%. For US shareholders of asset-light Singapore companies (SaaS, IP-heavy), the math gets meaningfully worse - in some cases turning a $0 GILTI bill into a real NCTI inclusion.
If you're a US person (citizen, green card holder, or US tax resident) owning 10% or more of a Singapore Pte Ltd that is a Controlled Foreign Corporation (a CFC - meaning US shareholders collectively own more than 50%), then yes, you have an annual NCTI inclusion regardless of whether you take dividends. The inclusion is roughly: (Singapore profits - 10% return on tangible assets, removed for 2026) x 60% (after Section 250 deduction). With Singapore corporate tax at 17%, you can typically credit foreign tax to offset most of the NCTI bill - but only 90% of it after the haircut.
Singapore Pte Ltd earns S$300K profit (about US$220K). Singapore tax after rebates: ~S$18K (US$13K). NCTI inclusion: US$220K - $13K = $207K tested income. Section 250 deduction (40%): -$83K. Taxable NCTI: $124K. US tax at 21% corporate or 37% individual through the CFC: $26K-$46K. FTC available: $13K x 90% = $12K. Net US tax: $14K-$34K. The total tax bill for the founder roughly doubles compared to running the same business through a Delaware C-Corp.
Often yes. A Section 962 election lets an individual US shareholder be taxed on NCTI inclusions at corporate rates (21%) instead of individual rates (up to 37%) and claim the foreign tax credit. The catch: dividends actually distributed later are taxed again at individual rates, with a basis recovery. For founders who plan to leave profits in the Singapore Pte Ltd indefinitely, Section 962 is usually a winning move. For founders who need to extract cash regularly, it's more complex.
Possibly. Three patterns are common: (1) hold the Singapore Pte Ltd through a US C-Corp (eliminates pass-through complexity but adds US corporate tax layer); (2) keep individual ownership and elect Section 962 (cleaner for retained earnings); (3) check-the-box to treat the Singapore Pte Ltd as disregarded (eliminates CFC issues but exposes Singapore profits to direct US taxation). The right answer depends on whether you'll repatriate profits, whether you want US fundraising optionality, and your state of residence. Get specialist US international tax advice before changing the structure.