Singapore legislation

Clause 22

of Goods and Services Tax (Amendment) Bill

Clause 22

New section 94

The principal Act is amended by inserting, immediately after section 93, the following section:“Temporary arrangements for reverse charge supplies: distantly taxable goods94.—

(1)

Where an invoice for a supply in fact made that gives rise to a reverse charge supply of distantly taxable goods was or is issued on or after 16 February 2021 but before 1 January 2023, tax is chargeable on the reverse charge supply to the extent of —

(a)

the amount of the invoice paid on or after 1 January 2023; or

(b)

the value of the distantly taxable goods that are delivered to the recipient on or after 1 January 2023, if lower.(2) Subsection (1) does not apply if the whole amount of the invoice is paid, or the whole of the goods to which the invoice relates is delivered to the recipient, before 1 January 2023.(3) Where an invoice for a supply in fact made that gives rise to a reverse charge supply of distantly taxable goods is issued on or after 1 January 2023 —

(a)

tax is chargeable on the reverse charge supply to the extent of the amount of the invoice paid on or after that date; but(b)the recipient may elect for the tax to be chargeable only to the extent of the value of the goods that are delivered to the recipient on or after that date, if lower.(4) Despite subsection (3), where an invoice for a supply in fact made that gives rise to a reverse charge supply of distantly taxable goods is issued on or after 1 January 2023 but before the day on which the person receiving the supply is registered in accordance with the First Schedule —

(a)

tax is chargeable on the reverse charge supply to the extent of the amount of the invoice paid on or after the day on which the person receiving the supply is registered in accordance with the First Schedule; but(b)the person may elect for the tax to be chargeable only to the extent of the value of the goods that are delivered to the recipient on or after 1 January 2023, if lower.(5) Subsections (3) and (4) do not apply if the whole amount of the invoice is paid, and all of the distantly taxable goods are delivered to the recipient, on or after 1 January 2023.(6) Tax chargeable under subsection (1) must be accounted for in the return for the accounting period in which the later of the following falls:

(a)

1 January 2023;

(b)

the day on which the recipient is registered in accordance with the First Schedule.(7) Tax chargeable under subsection (3) must be accounted for in the return for the accounting period in which the earlier of the following falls:

(a)

the invoice for the reverse charge supply of distantly taxable goods is issued;

(b)

the consideration for the amount of the invoice is paid by the recipient.(8) Tax chargeable under subsection (4) must be accounted for in the return for the accounting period in which the consideration for the amount of the invoice is paid on or after the day on which the person receiving the supply is registered in accordance with the First Schedule.(9) For the purposes of this section, where only a part of the distantly taxable goods is delivered to the person to whom they are supplied, the value of the part is a value that is, in the opinion of the Comptroller, reasonably attributable to the part.(10) This section applies despite anything in —

(a)

section 11C; or

(b)

section 39 (to the extent that the section provides for changes in the description of circumstances in section 14(1), or in the Eighth Schedule, under which a supply gives rise to a reverse charge supply).(11) For the purposes of paragraph 1B(1)(b) and (2)(b) of the First Schedule, references to supplies of distantly taxable goods received by a person do not include any supplies of distantly taxable goods received by the person in Singapore before 1 January 2023.(12) For the purpose of paragraph 1B(2)(a) of the First Schedule in relation to a business transferred before 1 January 2023, references to supplies of goods and services received by the transferee do not include any supplies of distantly taxable goods received by the transferee before 1 January 2023.”.

Clause 22 — Goods and Services Tax (Amendment) Bill