Singapore legislation

Clause 15

of Goods and Services Tax (Amendment) Bill

Clause 15

Amendment of section 94

In section 94 of the principal Act —

(a)

in subsections (1)(b), (2), (3)(b), (4)(b) and (5), delete “to the recipient”;

(b)

after subsection (5), insert —“(5A) Subject to subsections (8A), (8B) and (8C), tax is chargeable under subsections (1), (3) and (4) at the tax rate of 8% on the chargeable value of the supply.”;

(c)

after subsection (8), insert —“(8A) Where —

(a)

the invoice for a supply under subsection (3) or (4) is issued on or after 1 January 2024; and

(b)

any consideration for the supply remains to be paid, or any part of the supply remains to be performed, on or after 1 January 2024, then tax is chargeable —

(c)

at the tax rate of 8% on the part or the whole of the chargeable value of the supply that is treated as taking place under section 11C before 1 January 2024; and

(d)

at the tax rate of 9% on the part or the whole of the chargeable value of supply that is treated as taking place under section 11C on or after 1 January 2024.(8B) Despite subsection (8A) —

(a)

the taxable person or person (as the case may be) may elect for tax to be chargeable at 8% on the higher of —

(i)

the amount of any consideration paid on or after 1 January 2023 but before 1 January 2024, less any amount of the consideration attributable to the part of the supply performed before 1 January 2023; and

(ii)

the value of the part of the supply performed on or after 1 January 2023 but before 1 January 2024; and

(b)

(if the taxable person or person so elects under paragraph (a)) tax is chargeable at 9% on the chargeable value of the supply less the amount of the consideration or the value on which tax is charged at 8% under paragraph (a).(8C) Where —

(a)

the invoice for a supply under subsection (1), (3) or (4) is issued before 1 January 2024; and

(b)

any consideration for the supply remains to be paid, or any part of the supply remains to be performed, on or after 1 January 2024,then tax is chargeable —

(c)

at 9% on the lower of —

(i)

the amount of consideration paid on or after 1 January 2024; and

(ii)

the value of the part of the supply performed on or after 1 January 2024,or (if the amount and value are the same) on either of them; and

(d)

at 8% on the chargeable value of the supply less the amount of consideration or the value on which tax is charged at 9% under paragraph (c).(8D) Sections 39D, 39E and 39F apply to the cases in subsections (8B) and (8C) as if —

(a)

a reference in those sections to section 39B were a reference to subsection (8B); and

(b)

a reference in those sections to section 39C were a reference to subsection (8C).”;

(d)

in subsection (9), delete “to the person to whom they are supplied”;

(e)

delete subsection (10); (f)in subsection (11), delete “include any supplies of distantly taxable goods received by the person in Singapore” and substitute “apply for the purposes of any 12‑month period mentioned in those provisions that commences”; and

(g)

after subsection (12), insert —“(13) In this section, “chargeable value”, in relation to a supply, means the amount of the invoice or the value of the distantly taxable goods on which tax is chargeable under subsection (1), (3) or (4), as the case may be.(14) In this section, a reference to a part of a supply being performed before, or on or after, a specified date is a reference to —

(a)

for a supply of goods — the delivery of the part of the goods before, or on or after, that date, as the case may be; and

(b)

for a supply of services — the part of the performance of the services before, or on or after, that date, as the case may be.(15) Unless otherwise specified, this section applies despite anything in —

(a)

section 11C; or

(b)

Division 1 of Part 6A.”.