Clause 3

Where any person —

who disposes of any real property to which section 10F applies is a non-resident person;

whose income arising from the disposal of any real property is chargeable to tax under section 10(1)(a) is a non-resident person; or

who disposes of shares in a relevant company to which section 10G applies is a non-resident person,any designated person shall, before paying to the non-resident person any money which is the whole or part of the consideration for the disposal of such real property or shares, as the case may be, notwithstanding any other written law, immediately deduct therefrom tax at the rate of 15% on every dollar of every such payment.(2) In relation to any disposal of any real property to which subsection (1)(a) applies, the reference to 15% in subsections (1) and (3) shall —

for any disposal of any real property which occurs more than one year but not more than 2 years from the date of acquisition, be read as 10%; and

for any disposal of any real property which occurs more than 2 years but not more than 3 years from the date of acquisition, be read as 5%.(3) The total deduction to be made under subsection (1) shall be equal to 15% of the gross amount of the consideration for the real property or shares.(4) Any designated person who has deducted any money under subsection (1) shall immediately give notice of the deduction of tax in writing to the Comptroller and shall, notwithstanding any other written law, pay to the Comptroller within 10 days of such deduction the amount so deducted and every such amount shall be a debt due from him to the Government and shall be recoverable in the manner provided under section 90.(5) Section 45(2) to (8) shall apply, with the necessary modifications, to any designated person as those provisions apply to any person referred to therein.(6) For the purpose of payment of any tax due from —

any income which is chargeable to tax under section 10(1)(a); or

any amount deemed to be income under section 10F,in respect of any disposal of any real property which is owned by 2 or more persons as joint owners, the designated person deducting the tax shall retain such amount as is presumed under subsection (7) to be owned by any non-resident person and pay over the tax due from such amount to the Comptroller.(7) It shall be presumed, until the contrary is proved, that the persons who own any real property as joint owners shall share the proceeds of disposal of the real property in equal shares.(8) In this section —“designated person”, in relation to any disposal of any real property or shares —

in the case where an advocate and solicitor acts for the buyer of the real property or shares in such disposal, means that advocate and solicitor; and

in any other case, means the buyer of the real property or shares;“disposal”, in relation to real property and to shares, has the same meanings as in sections 10F and 10G, respectively;“land” has the same meaning as in section 10F;“non-resident person” means a person who is not known to be resident in Singapore to the designated person;“real property” —

in relation to a disposal of which the income is chargeable to tax under section 10(1)(a), means any land and any interest, option or other right in or over any land;

in relation to a disposal of real property referred to in section 10F, means any land and any interest, option or other right in or over any land not being trading stock of the owner of the land.”.