Clause 29

by inserting, immediately after subsection (3B), the following subsections:“(3C) A donation made on or after the date of publication in the Gazette of the Income Tax (Amendment) Act 2012 of any property or money referred to in subsection (3)(b)(i) or (ii), (c), (d), (e) or (f) to a recipient under that provision, which is subject to any condition specified by the donor as to the purpose for which the donation may be applied (including where the donor specifies another purpose for the application of the donation in the event the first-mentioned purpose should fail), shall be treated as a donation under that provision if (and only if) all of the following requirements are satisfied:

except where the recipient is the Government, each specified purpose must be one that advances an objective of the recipient set out in its governing instrument;

none of the specified purposes must be to advance the interests (whether directly or indirectly) of a particular race, belief or religion, or of a particular person or persons;

the donor did not specify or imply in any manner that any part of the property or money that cannot be used for any of the specified purposes shall revert to him or be given to any other person (other than the recipient).(3D) For the avoidance of doubt, subsection (3C) applies to a donation of money referred to in subsection (3)(c)(ii) to a recipient under that provision, whether made directly to the recipient or indirectly through a grant-making philanthropic organisation.(3E) In subsections (3C) and (3D) —“governing instrument”, in relation to a recipient under subsection (3)(b)(i) or (ii), (c), (d), (e) or (f), includes the memorandum and articles of association, constitution, trust instrument or any rules or regulations governing the objects and administration of the recipient;“recipient” —

in the case of a donation referred to in subsection (3)(b)(i), means an approved museum;

in the case of a donation referred to in subsection (3)(b)(ii), means an approved recipient not being an approved museum;

in the case of a donation referred to in subsection (3)(c), means the Government or an institution of a public character;

in the case of a donation referred to in subsection (3)(d), means an institution of a public character or a prescribed educational, research or other institution in Singapore; or

in the case of a donation referred to in subsection (3)(e) or (f), means an institution of a public character.(3F) Subject to subsection (3G), a donation referred to in subsection (3)(b), (c), (d), (e) or (f) shall be eligible for a deduction under that provision notwithstanding that the donor or another person receives or will receive a benefit in consequence of making the donation.(3G) Where a donor who makes a donation referred to in subsection (3)(b), (c), (d), (e) or (f), or a person connected with the donor, receives or will receive a benefit in consequence of making the donation, a reference to the value or amount of the donation under that provision shall exclude an amount equivalent to the value of the benefit.(3H) The Minister may by rules —

exclude any type of benefit from the application of subsection (3G); and

provide for the basis for determining the value of any benefit under that subsection.(3I) For the avoidance of doubt, the Comptroller may make an assessment or additional assessment under section 74 if the benefit is received only after the deduction of the donation under subsection (3) is made.(3J) In subsection (3G), a person is connected with the donor if —

he is a relative of the donor within the meaning of section 37K(12);

he, or a person who is his relative within the meaning of section 37K(12), directly or indirectly controls the donor;

he is controlled, directly or indirectly, by the donor; or

he and the donor, directly or indirectly, are under the control of a common person.”;

by deleting the words “of the sixth year of assessment from the first year of assessment in which the donation was made shall be disregarded” in subsection (8) and substituting the words “of the fifth year of assessment after the year of assessment relating to the basis period in which the donation was made shall be disregarded”;

by deleting the words “or a Hindu joint family” in subsection (10A)(a);

by deleting the words “or a Hindu joint family, is one” in subsection (10A)(c); and

by inserting, immediately after the words “subsection (3)(e)” in subsection (19), the words “and subject to subsection (3G)”.