Singapore legislation

Section 11

of Payroll Tax Act 1965

Section 11

Regulations

Amended by7/97

(1)

The Minister shall make such regulations as appear to him to be necessary for carrying out the provisions of this Act; and without prejudice to the generality of the foregoing the regulations may provide for —

(a)

requiring employers to give notice of their liability to pay payroll tax, and the manner in which the notice shall be given;

(b)

the manner in which payroll tax or any part thereof is to be paid and collected and the manner in which the tax when paid and collected shall be accounted for;

(c)

the manner in which payroll tax due and unpaid is to be assessed and collected;

(d)

the keeping by employers chargeable with payroll tax of payroll records, payroll tax receipts and such other documents as may seem necessary, and preserving the same;

(e)

the disclosure to the Comptroller or to income tax officers or other persons duly authorised by the Comptroller of such information as may be required for the ascertainment of liability to payroll tax;

(f)

the production to and inspection and removal by persons authorised by the Comptroller of accounts, payroll records, books, receipts and other records for the purpose of satisfying themselves as to whether payroll tax has been duly paid;

(g)

the refund of any payroll tax paid in excess of the amount required by this Act or any regulations made thereunder;

(h)

matters consequential on the death of an employer or his becoming subject to any incapacity, in relation to any unpaid payroll tax;

(i)

the remission of any payroll tax; and

(j)

empowering the Comptroller to abate any penalty or compound any offence under such regulations or, before judgment, to stay and compound any proceedings thereunder.

Amended by7/97

(2)

Regulations made under this section may provide for the imposition of penalties for failure to comply with such regulations; and such penalties may consist of —

(a)

a fine equal to double the amount of payroll tax due and unpaid; and

(b)

a further fine not exceeding $5,000 or a term of imprisonment not exceeding 3 years or both.

(3)

Without prejudice to any other mode of assessment and recovery which may be provided for in the regulations, the regulations may provide that the provisions of any law relating to the assessment and recovery of income tax shall apply to the assessment and recovery of any payroll tax as they apply in relation to the assessment and recovery of income tax, subject to any modifications as may be specified in the regulations.

(4)

All regulations made under this section shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication and if a resolution is passed by Parliament within 2 months after the regulations are so presented annulling the regulations they shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder or to the making of any new regulations.

Section 11 — Payroll Tax Act 1965 | laws.sg