Singapore legislation

Clause 37

of Goods And Services Tax Bill

Clause 37

Supplies spanning change of rate, etc.

(1)

This section shall apply where there is a change in the rate of tax in force under section 16 or in the descriptions of exempt or zero-rated supplies.

(2)

Where —

(a)

a supply affected by the change would, apart from section 12(1), (2), (3) or (5), be treated under section 11(2) or (3) as made wholly or partly at a time when it would not have been affected by the change; or

(b)

a supply not so affected would apart from section 12(1), (2), (3) or (5) be treated under section 11(2) or (3) as made wholly or partly at a time when it would have been so affected,the rate at which tax is chargeable on the supply, or any question whether it is zero-rated or exempt, shall, if the person making it so elects, be determined without regard to section 12(1), (2), (3) or (5).

(3)

Any power to make regulations under this Act with respect to the time when a supply is to be treated as taking place shall include power to provide for this section to apply as if the references to section 12(1), (2), (3) and (5) mentioned in subsection (2) included references to specified provisions of the regulations.

(4)

Regulations made under section 39 may make provision for the replacement or correction of any tax invoice which —

(a)

relates to a supply in respect of which an election is made under this section; but(b)was issued before the election was made.

(5)

No election may be made under this section in respect of a supply to which paragraph 6 of the Second Schedule applies.

Clause 37 — Goods And Services Tax Bill | laws.sg