Singapore legislation

Section 42

of Goods and Services Tax Act 1993

Section 42

Electronic service

Amended by20/201020/201020/201020/201020/201020/201037/201720/201037/201720/201020/201020/201020/201020/201037/201737/201720/2010

(1)

The Comptroller may provide for the following to be effected electronically:

(a)

the registration of taxable persons;

(b)

the filing or submission of any return, declaration, document, application or information;

(c)

the service of any notice, direction, order, permit, receipt or document by the Comptroller.

Amended by20/2010

(2)

For the purposes of an electronic service, the Comptroller may assign to any person —

(a)

an authentication code; and

(b)

an account with an electronic service.

Amended by20/2010

(3)

Any person may —

(a)

register himself, herself or itself or request to cancel the person’s registration, as a taxable person; or

(b)

file or submit any return, declaration, document, application or information, if the person is required to do so,through an electronic service.

Amended by20/2010

(4)

Any agent who is authorised by the agent’s principal in the prescribed manner may —

(a)

register the agent’s principal, or request to cancel the agent’s principal’s registration, as a taxable person; or

(b)

file or submit any return, declaration, document, application or information on behalf of the agent’s principal,through an electronic service.

Amended by20/2010

(5)

Where any return, declaration, document, application or information is filed or submitted on behalf of any person under subsection (4) —

(a)

it is deemed to have been filed or submitted with the authority of that person; and

(b)

that person is deemed to be cognizant of all matters therein.

Amended by20/2010

(6)

Where any return, declaration, document, application or information is filed or submitted through an electronic service using the authentication code assigned to any person before that person has requested, in the prescribed manner, for the cancellation of the authentication code —

(a)

the return, declaration, document, application or information is, for the purposes of this Act, presumed to have been filed or submitted by that person unless that person adduces evidence to the contrary; and

(b)

where that person alleges that that person did not file or submit the return, declaration, document, application or information, the burden is on that person to adduce evidence of that fact.

Amended by20/2010

(7)

Subject to section 87, where regulations made under subsection (13) permit the Comptroller to serve through the electronic service any notice, direction, order, permit, receipt or other document on a person who has been assigned an account with the electronic service, the Comptroller may serve it on the person by transmitting an electronic record of it to that account.

Amended by37/2017

(8)

Despite any other written law, in any proceedings under this Act —

(a)

an electronic record of any return, declaration, document, application or information that was filed or submitted, or any notice, direction, order, permit, receipt or document that was served, through an electronic service in accordance with regulations made under subsections (13) and (13A), and with section 87; or

(b)

any copy or print-out of that electronic record,is admissible as evidence of the facts stated or contained therein if that electronic record, copy or print-out —

(c)

is certified by the Comptroller to contain all or any information filed, submitted or served through an electronic service in accordance with this section; and

(d)

is duly authenticated in the manner specified in subsection (10) or is otherwise authenticated in the manner provided in the Evidence Act 1893 for the authentication of computer output.

Amended by20/201037/2017

(9)

To avoid doubt —

(a)

an electronic record of any return, declaration, document, application or information that was filed or submitted, or any notice, direction, order, permit, receipt or document that was served, through an electronic service; or

(b)

any copy or print-out of that electronic record,is not inadmissible in evidence merely because the return, declaration, document, application or information was filed or submitted, or the notice, direction, order, permit, receipt or document was served, without the delivery of any equivalent document or counterpart in paper form.

Amended by20/2010

(10)

For the purposes of this section, a certificate —

(a)

giving the particulars of —

(i)

any person whose authentication code was used to file, submit or serve the return, declaration, application, information, notice, direction, order, permit, receipt or document; and

(ii)

any person or device involved in the production or transmission of the electronic record of the return, declaration, application, information, notice, direction, order, permit, receipt or document, or the copy or print-out thereof;

(b)

identifying the nature of the electronic record or copy thereof; and

(c)

purporting to be signed by the Comptroller or by a person occupying a responsible position in relation to the operation of an electronic service at the relevant time,is sufficient evidence that the electronic record, copy or print‑out has been duly authenticated, unless the court, in its discretion, calls for further evidence on this issue.

Amended by20/2010

(11)

Where the electronic record of any return, declaration, application, information, notice, direction, order, permit, receipt or other document, or a copy or print‑out of that electronic record, is admissible under subsection (8), it is presumed, until the contrary is proved, that the electronic record, copy or print‑out accurately reproduces the contents of that document.

Amended by20/2010

(12)

The Comptroller may, for the purposes of an electronic service, approve the use of any symbol, code, abbreviation or notation to represent any particulars or information required under this Act.

Amended by20/2010

(13)

The Minister may make regulations which are necessary or expedient for carrying out the purposes of this section, including regulations prescribing —

(a)

the procedure for the use of an electronic service, including the procedure in circumstances where there is a breakdown or interruption of an electronic service;

(b)

the procedure for the correction of errors in, or the amendment of, any return, declaration, document, application or information that is filed or submitted through an electronic service;

(ba)the circumstances in which the Comptroller may serve any notice, direction, order, permit, receipt or other document through the electronic service on a person assigned an account with the electronic service;

(c)

the manner in which a person who has been served through the electronic service with any notice, direction, order, permit, receipt or other document is to be notified of the transmission of an electronic record of it to the person’s account with the electronic service;

(d)

the manner in which authentication codes are to be assigned; and

(e)

anything which may be prescribed under this section.

Amended by20/201037/2017

(13A)

Regulations made for the purpose of subsection (13)(ba) —

(a)

may permit the service of any notice, direction, order, permit, receipt or other document through the electronic service in circumstances where —

(i)

the person consents to such service; or

(ii)

the Comptroller gives the person notice of the Comptroller’s intention of such service and the person does not refuse such service;

(b)

may provide for the giving of any notice of the Comptroller’s intention, or the person’s consent or refusal, mentioned in paragraph (a), including —

(i)

the matters that must be contained in the notice; and

(ii)

the time within which, and the form and manner in which, the consent or refusal must be received by the Comptroller;

(c)

may provide when the consent or refusal of the person takes effect, and as to when the Comptroller must give effect to such consent or refusal; and

(d)

may provide for any other matter necessary or incidental to the purposes in subsection (13)(ba) and paragraphs (a), (b) and (c).

Amended by37/2017

(14)

In this section, “electronic service” means any service established or approved by the Comptroller for any or all of the purposes in subsection (1).

Amended by20/2010
Section 42 — Goods and Services Tax Act 1993 | laws.sg