Singapore legislation

Section 25

of Goods and Services Tax Act 1993

Section 25

Refund or remission of tax in certain cases

Amended by21/201352/201842/2020

(1)

The Minister may by regulations provide for the refund or remission of tax chargeable on the supply of goods or services, or on the importation of goods on a claim made in cases of bad debt or insolvency or in such other circumstances and by such person or body as may be prescribed.

(2)

Without limiting subsection (1), such regulations may —

(a)

require a claim to be made within such time and in such form and manner as may be specified by or under the regulations;

(b)

require a claim to be evidenced and quantified by reference to such records and other documents preserved for such period, not exceeding 3 years after the making of the claim, as may be so specified;

(c)

provide for determining what amount (if any) is the outstanding amount of the consideration in particular cases including but not limited to those cases involving part payment or mutual debts;

(d)

provide for the apportionment of tax attributable to the supply of goods or services for the purposes of carrying on the business or of exempt supplies or of any other purpose;

(da)provide for the circumstances in which, instead of a refund of any amount being made to a person, the amount may or is to be used to reduce the whole or any part of any tax due or which may become due from the person under this Act, by the whole or any part of such amount and to further provide that —

(i)

the amount of the tax due from the person is reduced by the amount of the reduction; and

(ii)

the amount of the reduction is, to the extent of that amount, deemed to have been refunded to the person by the Comptroller;

(db)provide that, where the Comptroller makes any refund to a person, the Comptroller may deduct from the refund any expenses that the Comptroller may incur in making the refund;

(e)

require the repayment or recovery of a refund or remission under this section where any requirement of the regulations is not complied with or in such other circumstances as may be prescribed;

(f)

prohibit the selling, giving or receiving in prescribed circumstances of goods in respect of which a claim for refund has been submitted and approved through the prescribed means; and

(g)

make different provisions for different circumstances.

Amended by21/201352/201842/2020
Section 25 — Goods and Services Tax Act 1993 | laws.sg