Singapore legislation
Clause 8
Clause 8
Amendment of section 37A
Section 37A of the principal Act is amended —
by deleting the words “which comprises the treatment or processing of goods” in subsection (1) and substituting the words “which involves any process (including but not limited to any treatment) being applied to or carried out on goods”;
by inserting, immediately after the words “to be disregarded for the purposes of this Act” in subsection (1), the words “(other than for the purposes of section 27(2)(a))”;
by inserting, immediately after the word “following” in subsection (2), the words “in relation to goods to or on which a process has been applied or conducted”;
by deleting paragraph (a) of subsection (2) and substituting the following paragraph:“(a)for the goods —
to be delivered to the satisfaction of the Comptroller only to —
any taxable person approved by the Comptroller; or
the customer of an overseas person to whom the overseas person supplies the goods;
to be exported to the satisfaction of the Comptroller; or
if the goods are of such type or description as may be prescribed, to be destroyed or disposed of to the satisfaction of the Comptroller by the taxable person or any other person,and, where any taxable person (including a taxable person referred to in subsection (1)) fails to do so, for the taxable person to pay to the Comptroller an amount equal to the tax that would have been payable if the taxable person had himself made a supply of the goods in the course or furtherance of his business;”;
by deleting the words “the treated or processed goods” in subsection (2)(b) and substituting the words “the goods”;
by deleting paragraph (c) of subsection (2) and substituting the following paragraph:“(c)where a taxable person approved by the Comptroller, to the satisfaction of the Comptroller —
delivers the goods to the customer of the overseas person referred to in paragraph (a)(i)(B); or
in relation to such of those goods which are of such type or description as may be prescribed, destroys or disposes of the goods or delivers them to another person for the destruction or disposal, in circumstances where consideration for the goods is received by the taxable person or the overseas person upon the destruction or disposal,for the taxable person to account for and pay tax in substitution for the overseas person, as if the taxable person had himself supplied the goods in the course or furtherance of his business.”;
by inserting, immediately after subsection (2), the following subsections:“(2A) Regulations made under subsection (1) may provide that, upon such conditions as may be prescribed being satisfied, where the goods are —
supplied to the overseas person in Singapore; and
delivered to the taxable person approved by the Comptroller for the purposes of any process being applied to or carried out on the goods under a contract with and directly benefitting the overseas person,the goods shall be treated as having been supplied to the taxable person in the course or furtherance of his business for the purpose of the taxable person claiming input tax on the supply of the goods under section 19 as if the whole of the input tax were allowable under section 20.(2B) A person who belongs in a country outside Singapore referred to in subsection (1)(a) or (b) may, for the purposes of determining his liability to be registered under this Act, disregard any supply of goods made by him if —
the tax on such supply is to be accounted for by the taxable person approved by the Comptroller pursuant to subsection (2)(c); or
in a case where a taxable person has applied to be but is not yet approved by the Comptroller, the tax on such supply would be accounted for by the taxable person pursuant to subsection (2)(c) if the taxable person were to be so approved,as the case may be.”; and
by deleting the words “Treatment or processing of goods” in the section heading and substituting the words “Process applied to or carried out on goods”.