Singapore legislation

Clause 3

of Stamp Duties (Amendment) Bill

Clause 3

Amendment of section 16

Section 16 of the principal Act is amended by inserting, immediately after subsection (3), the following subsections:“(3A) For the purpose of subsection (3) —

(a)

a conveyance or transfer shall be treated as a conveyance or transfer made in consideration of marriage if —

(i)

the transferor is a party to the marriage or is a parent, grandparent or sibling of a party to the marriage;

(ii)

the transferee is a party to the marriage;

(iii)

the property or interest in the property conveyed or transferred is the matrimonial home of the parties to the marriage;

(iv)

the property or interest in the property is conveyed or transferred within the specified time period; and

(v)

there is no other property or interest in the property conveyed or transferred to the parties on the occasion of that marriage in respect of which ad valorem duty has not been charged because marriage was the consideration; and

(b)

a conveyance or transfer shall not be treated as a conveyance or transfer made in consideration of marriage if —

(i)

the marriage is between 2 parties who had previously been married to each other; and

(ii)

ad valorem duty was not charged on any property or interest in the property conveyed or transferred to the parties on the occasion of the previous marriage because marriage was the consideration.(3B) In subsection (3A) —“parent”, in relation to a party to the marriage, means —

(a)

a natural parent of the party;

(b)

a person by whom the party was adopted in accordance with any written law relating to the adoption of children; or

(c)

a step-parent of the party,and “grandparent” shall be construed accordingly;“specified time period” means —

(a)

one year before or after the date of solemnization of a marriage; or

(b)

such other time period as may be prescribed in lieu of the time period specified in paragraph (a).”.