Singapore legislation

Clause 13

of Charities (Amendment) Bill

Clause 13

Amendment of section 40C

Section 40C of the Charities Act is amended —

(a)

by deleting subsection (2) and substituting the following subsection:“(2) Regulations made under subsection (1) may provide for the consequences of a contravention by any person of any regulation made under that subsection, as follows:

(a)

where the person is a registered charity or an exempt charity, the Minister, Commissioner or appropriate Sector Administrator may revoke the approval of the person as an institution of a public character given by the Minister, Commissioner or Sector Administrator, as the case may be;

(b)

that the person shall be guilty of an offence and shall be liable on conviction —

(i)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and

(ii)

in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction;

(c)

for a contravention of a regulation relating to the issue of tax deduction receipts which is not an offence under paragraph (b), that the person shall be liable to pay to the Commissioner a financial penalty, being the higher of the following amounts:

(i)

$100;

(ii)

the amount ascertained by the formula 0.4 × the total value of the donations (as determined under section 37(3) of the Income Tax Act (Cap. 134)) which ought not to be allowed a deduction under section 37(3) of the Income Tax Act by reason of the contravention, if any.”; and

(b)

by deleting the words “subsection (2)(a)” in subsections (3) to (6) and substituting in each case the words “subsection (2)(c)”.

Clause 13 — Charities (Amendment) Bill | laws.sg