Goods And Services Tax Bill

This Act may be cited as the Goods and Services Tax Act 1993 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

The Minister may appoint different dates for the coming into operation of the different provisions of this Act.

In this Act, unless the context otherwise requires —

“authorised person” means any person acting under the authority of the Comptroller;

“Board” means the Goods and Services Tax Board of Review established under section 48;

“Comptroller” means the Comptroller of Goods and Services Tax appointed under section 4 and includes for all purposes of this Act, except the exercise of the powers conferred upon the Comptroller by section 5(2), a Deputy Comptroller or an Assistant Comptroller;

“customs duty” means customs duty imposed on goods imported into Singapore under the Customs Act [Cap. 70];

“document” has the same meaning as in the Evidence Act [Cap. 97];

“excise duty” has the same meaning as in the Customs Act;

“import” has the same meaning as in the Customs Act;

“invoice” includes any document similar to an invoice;

“input tax” has the meaning given to it by section 19;

“money” includes currencies other than Singapore currency but does not include a collector’s piece, investment article or item of numismatic interest;

“open market value”, in relation to a supply of goods or services, has the meaning given to it by section 17(5) and in relation to imported goods has the meaning given to it by section 18(3);

“output tax” has the meaning given to it by section 19;

“prescribed accounting periods” means such accounting periods as may be prescribed by regulations made under section 19;

“quarter” means a period of 3 months ending at the end of March, June, September or December;

“supply” has the meaning given to it by section 10;

“tax” means goods and services tax;

“tax invoice” means such an invoice as is required under section 39;

“taxable person” has the meaning given to it by section 8(2);

“taxable supply” has the meaning given to it by section 8(2).

The question whether, in relation to any supply of services, the supplier or the recipient of the supply belongs in one country or another shall be determined in accordance with section 15.

In this Act, “business” includes any trade, profession or vocation.

Without prejudice to the generality of anything else in this Act, the following are deemed to be the carrying on of a business:

Where a person, in the course or furtherance of a trade, profession or vocation, accepts any office, services supplied by him as the holder of that office are treated as supplied in the course or furtherance of the trade, profession or vocation.

Anything done in connection with the termination or intended termination of a business is treated as being done in the course or furtherance of that business.

Subject to any order made under section 10(3), the disposition of a business as a going concern, or of its assets or liabilities (whether or not in connection with its re-organisation or winding up), is a supply made in the course or furtherance of the business.

Subject to this section, a supply of goods is zero-rated only if the goods are exported and a supply of services is zero-rated only if the services are international services.

Where a taxable person supplies goods or services and the supply is zero-rated, then, whether or not tax would be chargeable on the supply apart from this section, —

A supply of services shall be treated as a supply of international services where the services or the supply are for the time being of any of the following descriptions:

For the purposes of subsection (3) —

Where a description referred to in subsection (3) is a transaction which would not otherwise be a supply of services, the transaction shall for the purposes of this Act be treated as a supply of services in Singapore.

A supply of goods is zero-rated where the Comptroller is satisfied that the person supplying the goods —

The Minister may by regulations provide for the zero-rating of supplies of goods, or of such goods as may be specified in the regulations, in cases where the Comptroller is satisfied that the goods have been or are to be exported and such other conditions, if any, as may be specified in the regulations or the Comptroller may impose are fulfilled.

Where the supply of any goods has been zero-rated pursuant to regulations made under subsection (6) or (7) and —

A supply of goods or services is an exempt supply if it is of a description or of a class for the time being specified in the Fourth Schedule.

The Minister may by order vary the description of financial services in paragraphs 1 and 3 of the Fourth Schedule by adding to or deleting from it or by varying any description or class of financial services for the time being specified in it and the Schedule may be varied so as to describe a supply of financial services by reference to other matters unrelated to the characteristics of the services.

The Minister may by regulations make provision for securing a reduction of the tax chargeable on the supply of goods of such descriptions as may be specified in the regulations in cases where no tax was chargeable on a previous supply of the goods and such other conditions are satisfied as may be specified in the regulations or as may be imposed by the Comptroller.

Tax chargeable on the supply of goods referred to in subsection (1) shall be reduced to the tax charged as if the supply of such goods was for a consideration equal to the excess of A – B,where Ais the consideration for which the goods are supplied; andBis the consideration for which the goods were acquired,and accordingly where there is no excess, the tax shall not be charged.

Regulations made under this section may include provisions —

Regulations made under this section may extend to cases where the previous supply or the importation took place before tax was chargeable on any supply or importation.

This section shall, with the necessary modifications, apply in relation to cases where consequential relief from tax was given on a previous supply by regulations made under section 19(12) but the relief did not extend to the whole amount of the tax.

Regulations made under this section may make different provisions for goods of different descriptions and for different circumstances.

In this section, references to a supply on which no tax was chargeable include references to a transaction treated by virtue of an order under section 10(3) as neither a supply of goods nor a supply of services.

This section shall not apply to —

The Minister may by order make provision for giving relief from the whole or part of the tax chargeable on the importation of goods or the subsequent supply of imported goods, subject to such conditions (including conditions prohibiting or restricting the disposal of or dealing with the goods) as may be imposed by or under the order, if and so far as the relief appears to the Minister to be necessary or expedient.

The Minister may by order make provision for remitting or repaying if he thinks fit and subject to such conditions as may be imposed in the order the whole or part of the tax chargeable on the importation of any goods which are shown to the satisfaction of the Comptroller to have been previously exported from Singapore.

The Minister may by order make provision for remitting or repaying, subject to such conditions as may be imposed in the order the whole or part of the tax chargeable on the importation of any goods if the Comptroller is satisfied that —

The Minister, having regard to any international agreement or arrangement, may give relief from or remit the whole or part of the tax chargeable on the importation or supply of such goods as he may determine and subject to such conditions as he may impose if the relief appears to the Minister to be necessary or expedient to give effect to the agreement or arrangement.

In any case where —

The Minister may by regulations provide for the refund or remission of tax chargeable on the supply of goods or services, or on the importation of goods on a claim made in cases of bad debt or insolvency or in such other circumstances and by such person or body as may be prescribed.

Without prejudice to the generality of subsection (1), such regulations may —

Subject to section 67, the Comptroller or such other officer as may be authorised by the Comptroller in that behalf may direct any prosecution for any offence under this Act or any regulations made thereunder and may authorise the incurring of such expense as may be necessary to the prosecution.

Any officer employed in the administration of this Act may conduct such prosecution on behalf of the Comptroller.

Statements made or documents produced by or on behalf of any person shall not be inadmissible in evidence against him in any proceedings to which this section applies by reason only that he was or may have been induced to make the statements or produce the documents by any inducement or promise lawfully given or made by a person having any official duty under, or being employed in the administration of, this Act.

This section shall apply to any proceedings against the person in question —

A certificate purporting to be under the hand of the Comptroller —

Any document purporting to be a certificate under subsection (1) shall, until the contrary is proved, be deemed to be such a certificate.

Where an offence under this Act or any regulations made thereunder has been committed by a company, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in that capacity shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.

Where any person would be liable under this Act to any punishment or penalty for any act, omission, neglect or default he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any agent or employee, or of the employee of the agent provided that the act, omission, neglect or default was committed by the employee in the course of his employment or by the agent when acting on behalf of the person or by the employee of the agent when acting in the course of his employment in such circumstances that had the act, omission, neglect or default been committed by the agent, his principal would have been liable under this section.

The Comptroller or any person authorised by him may in his discretion compound any offence under this Act which is prescribed to be a compoundable offence by accepting from the person reasonably suspected of having committed the offence a sum not exceeding $5,000.

On payment of such sum of money, no further proceedings shall be taken against that person in respect of such offence.

The Minister may make regulations to prescribe the offences which may be compounded.

All sums received for the composition of offences under this section shall be paid into the Consolidated Fund.

The Comptroller shall be responsible generally for the carrying out of the provisions of this Act and for the collection of tax and shall pay all amounts collected in respect thereof into the Consolidated Fund.

The Comptroller may, subject to such conditions or restrictions as he thinks fit, delegate to any public officer or person employed in the administration of this Act all or any of the powers, functions and duties vested in him by this Act.

Every person having any official duty or being employed in the administration of this Act shall regard and deal with all documents, information, returns and assessments relating to the business, the value of the supply of any goods and services, or the income of any taxable person as secret and confidential, and may be required by the Minister to make and subscribe a declaration to that effect in the form determined by the Minister before the Comptroller or a Magistrate.

Subject to subsections (4) and (5), every person having possession or control over any documents, information, returns or assessment in relation to the business, the supply of any goods and services or the income of any taxable person, who at any time otherwise than for the purpose of this Act or with the express authority of the President —

No person appointed under, or who is employed in carrying out, the provisions of this Act or who is referred to in subsection (4) or (5) shall be required to produce in any court any return, document or assessment, or to divulge or communicate to any court any matter or thing coming under his notice in the performance of his duties under this Act except as may be necessary for the purpose of carrying into effect the provisions of this Act, or in order to institute a prosecution, or in the course of a prosecution, for any offence committed in relation to goods and services tax, income tax and customs and excise duties.

The Comptroller shall permit the Minister, the Auditor-General or any officer duly authorised in that behalf by the Auditor-General to have such access to any records or documents as may be necessary for the performance of his official duties.

The Comptroller may transmit or communicate any document, information, returns or assessment referred to in subsection (2) to the following persons which may be required by them in the performance of their official duties:

Tax shall be charged on any supply of goods or services made in Singapore where it is a taxable supply made by a taxable person in the course or furtherance of any business carried on by him.

A person who makes or intends to make taxable supplies is a taxable person while he is or is required to be registered under this Act; and a taxable supply is a supply of goods or services made in Singapore other than an exempt supply.

Tax on any supply of goods or services is a liability of the person making the supply and (subject to provisions on accounting and payment) becomes due at the time of supply.

Tax on the importation of goods shall be charged, levied and payable as if it were customs duty and as if all goods imported into Singapore are dutiable and liable to customs duty.

The First Schedule shall have effect in relation to the registration of taxable persons.

The Minister may by order amend the First Schedule.

The Second Schedule shall apply for determining what is, or is to be treated as, a supply of goods or a supply of services.

Subject to any provision made by the Second Schedule and to orders made under subsection (3) —

The Minister may by order amend the Second Schedule and may also provide by order with respect to any description of transaction —

For the purposes of this section, where goods are manufactured or produced from any other goods, those other goods shall be treated as incorporated in the first-mentioned goods.

The Minister may by order provide that where —

This section and section 12 shall apply for determining the time when a supply of goods or services is to be treated as taking place for the purposes of the charge to tax.

Subject to section 12, a supply of goods shall be treated as taking place —

Subject to section 12, a supply of services shall be treated as taking place at the time when the services are performed.

If, before the time applicable under section 11(2) or (3), the person making the supply issues a tax invoice in respect of it or if, before the time applicable under section 11(2)(a) or (b) or section 11(3), he receives a payment in respect of it, the supply shall, to the extent covered by the invoice or payment, be treated as taking place at the time the invoice is issued or the payment is received, as the case may be, or whichever is the earlier.

If, within 14 days after the time applicable under section 11(2) or (3), the person making the supply issues a tax invoice in respect of it, then, unless he has notified the Comptroller in writing that he elects not to avail himself of this subsection, the supply shall (to the extent that it is not treated as taking place at the time mentioned in subsection (1)) be treated as taking place at the time the invoice is issued.

The Comptroller may, at the request of a taxable person, direct that subsection (2) shall apply in relation to supplies made by him (or such supplies made by him as may be specified in the direction) as if for the period of 14 days there were substituted such longer period as may be specified in the direction.

Where a taxable person provides a document to himself which —

The Comptroller may, at the request of a taxable person, by direction in writing alter the time at which supplies made by him (or such supplies made by him as may be specified in the direction) are to be treated as taking place, either —

Where there is a supply of goods by virtue only of a transfer or disposal of assets under paragraph 5(1) of the Second Schedule, the supply is treated as taking place when the goods are transferred or disposed of as mentioned in that paragraph.

Where there is a supply of services by virtue only of paragraph 5(3) of the Second Schedule, the supply is treated as taking place when the goods are appropriated to the use mentioned in that paragraph.

The Minister may by regulations make provision with respect to the time at which (notwithstanding subsections (1) to (3), (6) and (7) and section 11) a supply is to be treated as taking place in cases where —

In this section, “tax invoice” means such an invoice as is required under section 39(1) or would be so required if the person to whom the supply is made were a taxable person.

This section shall apply for determining, for the purposes of the charge to tax, whether goods or services are supplied in Singapore.

If the supply of any goods does not involve their removal from or to Singapore, they shall be treated as supplied in Singapore if they are in Singapore and otherwise shall be treated as supplied outside Singapore.

If the supply of any goods involves their removal from Singapore, they shall be treated as supplied in Singapore and if it involves their removal to Singapore, they shall be treated as supplied outside Singapore.

A supply of services shall be treated as made —

The Minister may by regulations provide, in relation to services generally or to particular services specified in the regulations, for varying the rules for determining where a supply of services is made.

Subject to subsection (2), where any supply of services, not being services within any of the descriptions specified in the Fourth Schedule, are —

Supplies which are treated as made by the recipient under subsection (1) are not to be taken into account as supplies made by him when determining the allowance of input tax in his case under section 20(1).

For the purposes of subsection (1) —

Subsection (2) shall apply for determining, in relation to any supply of services, whether the supplier belongs in one country or another, and subsections (3) and (4) shall apply for determining, in relation to any supply of services, whether the recipient belongs in one country or another.

The supplier of services shall be treated as belonging in a country if —

If the supply of services is made to an individual and received by him otherwise than for the purposes of any business carried on by him, he shall be treated as belonging in whatever country he has his usual place of residence.

Where subsection (3) does not apply, the person to whom the supply is made shall be treated as belonging in a country if —

For the purposes of this section (but not for any other purpose) —

For the purposes of this Act and subject to the Third Schedule, the value of any supply of goods or services shall be determined in accordance with this section.

If the supply is for a consideration in money, its value shall be taken to be such amount as, with the addition of the tax chargeable, is equal to the consideration.

If the supply is not for a consideration or is for a consideration not consisting or not wholly consisting of money, the value of the supply shall be taken to be its open market value.

Where a supply of any goods or services is not the only matter to which a consideration in money relates, the supply shall be deemed to be for such part of the consideration as is properly attributable to it.

For the purposes of this Act, the open market value of a supply of goods or services shall be taken to be the amount that would fall to be taken as its value under subsection (2) if the supply were for such consideration in money as would be payable by a person who has no relationship with any person which would affect that consideration.

The Minister may by order amend the Third Schedule and provide for the determination of the value of a supply of goods or services otherwise than in accordance with this section.

For the purposes of this Act and subject to the Third Schedule, the value of imported goods shall be determined in accordance with this section.

If the goods are imported at a price in money payable as on a transfer of the property, there being no other consideration, the value is an amount equal to the price, plus (so far as not already included) —

Where subsection (2) does not apply, the value of the goods is their open market value as determined in accordance with any written law relating to the valuation of goods for customs purposes, plus (so far as not already included in that value) all such taxes, duties, charges and costs as are specified in subsection (2)(a) and (b) unless the Comptroller in his discretion determines that the value of the goods is an amount equal to the price as stated in the invoice plus the taxes, duties, charges and costs as specified in subsection (2)(a) and (b).

A taxable person shall, in respect of supplies made by him, account for and pay tax by reference to such accounting periods as the Minister may by regulations prescribe (referred to in this Act as a prescribed accounting period) at such time and in such manner as may be determined by the regulations and such regulations may make different provisions for different circumstances.

Subject to this section, a taxable person is entitled at the end of each such period to credit for so much of his input tax as is allowable under section 20, and then to deduct that amount from any output tax that is due from him.

Subject to subsection (4), “input tax”, in relation to a taxable person, means the following tax, that is to say:

Where goods or services supplied to a taxable person, or goods imported by him, are used or to be used partly for the purposes of a business carried on or to be carried on by him and partly for other purposes, tax on supplies and importations shall be apportioned so that only so much as is referable to his business purposes is counted as his input tax.

Subject to subsections (6) and (7), if either no output tax is due at the end of the period, or the amount of the credit exceeds that of the tax, then, the amount of the credit or, as the case may be, the amount of the excess shall be paid to the taxable person by the Comptroller.

The whole or any part of the credit may, subject to and in accordance with regulations, be held over to be credited in and for a subsequent period; and the regulations may allow for it to be so held over either on the taxable person’s own application or in accordance with general or special directions given by the Comptroller from time to time.

Where at the end of any period an amount is due under subsection (5) to a taxable person who has failed to submit returns, to comply with any reasonable request by the Comptroller for information or to pay tax or penalty for any period as required by this Act, the Comptroller may withhold payment of that amount until that person has submitted the returns, complied with the request or paid the tax or penalty, as the case may be; and the Comptroller may deduct from the amount due any tax or penalty which the taxable person is liable to pay and which remains unpaid.

No deduction shall be made under subsection (2) nor shall any payment be made under subsection (5), except on a claim made in such manner and within such time as may be prescribed by regulations; and, in the case of a person who has made no taxable supplies in the period concerned or any previous period, payment under subsection (5) shall be made subject to such conditions (if any) imposed by the Comptroller as he thinks fit, including conditions as to repayment in specified circumstances.

Subject to subsection (8), any payment due under subsection (5) shall be paid within such time as may be prescribed by regulations and if the Comptroller fails to make payment within the prescribed time, interest on such amount as is outstanding shall, subject to such conditions as may be prescribed, be paid to the taxable person at such rate as may be prescribed and calculated in accordance with the regulations.

Where a taxable person fails to pay any amount of input tax on the supply to him of any goods or services where relief for bad debt or insolvency has been granted in respect of such payment to the supplier by virtue of any regulations made under section 25(1) and such amount of input tax has been credited under subsection (2) or paid to him by the Comptroller under subsection (5), the amount which he has failed to pay shall be deemed forthwith to be output tax on supplies which he makes and he shall accordingly be liable to account for it.

The Minister may by regulations provide —

The Minister may by regulations provide, in relation to such supplies and importations as the regulations may specify, that tax charged on them or any part thereof is to be excluded from any credit under this section; and —

The amount of input tax for which a taxable person is entitled to credit at the end of any prescribed accounting period shall be determined as follows:

Regulations may provide for treating all supplies of goods or services by any person as taxable supplies —

The Minister may make regulations for the attribution by the Comptroller of input tax to taxable supplies, and any such regulations may provide for the Comptroller —

Without prejudice to the generality of subsection (3), regulations made under that subsection may make different provisions for different circumstances and, in particular, for different descriptions of goods or services; and may contain such incidental and supplementary provisions as appear to the Minister necessary or expedient.

This Act shall, subject to such exceptions, modifications and adaptations as the Minister may by order prescribe, apply in relation to such taxable supplies by the Government made in the course or furtherance of a business if similar supplies are or might be supplied by taxable persons (other than a body incorporated by statute) in the course or furtherance of any business as it applies in relation to taxable supplies by taxable persons.

Where the supply by a ministry or department of the Government or an organ of State of any goods or services does not amount to the carrying on of a business but it appears to the Minister that similar goods or services are or might be supplied by taxable persons in the course or furtherance of any business, then, if and to the extent that the Minister so directs, the supply of those goods or services by that ministry, department or organ shall be treated for the purposes of this Act as a supply in the course or furtherance of any business carried on by it.

The registration under this Act of persons carrying on a business in partnership shall be in the name of the firm unless the Comptroller otherwise allows; and no account shall be taken, in determining for any purpose of this Act whether goods or services are supplied to or by such persons, of any change in the partnership.

Without prejudice to section 36 of the Partnership Act 1890 (rights of persons dealing with firm against apparent members of firm), until the date on which a change in the partnership is notified to the Comptroller in writing, a person who has ceased to be a member of a partnership shall be regarded as continuing to be a partner for the purposes of this Act and, in particular, for the purpose of any liability for tax on the supply of goods or services by the partnership. [1890 c. 39.]

Where a person ceases to be a member of a partnership during a prescribed accounting period (or is treated as so doing by virtue of subsection (2)) any notice, whether of assessment or otherwise, which is served on the partnership and relates to, or to any matter arising in, that period or any earlier period during the whole or part of which he was a member of the partnership shall be treated as served also on him.

Without prejudice to section 16 of the Partnership Act 1890 (notice to acting partner to be notice to the firm) any notice, whether of assessment or otherwise, which is addressed to a partnership by the name in which it is registered by virtue of subsection (1) and is served in accordance with this Act shall be treated for the purposes of this Act as served on the partnership and, accordingly, where subsection (3) applies, as served also on the former partner.

Subsections (1) and (3) shall not affect the extent to which, under section 9 of the Partnership Act 1890, a partner is liable for tax owed by the firm; but where a person is a partner in a firm during part only of a prescribed accounting period his liability for tax on the supply by the firm of goods or services during that accounting period shall be such proportion of the firm’s liability as may be just.

Where any notice is required to be given under this Act or any regulations made thereunder by a partnership, it shall be the joint and several liability of all partners to give such notice, except that if a notice is given by one partner this shall be a sufficient compliance with any such requirement.

The Minister may by regulations provide for the registration under this Act of a taxable person carrying on more than one business or a business in several divisions, if the taxable person so requests and the Comptroller sees fit, to be in the names of those businesses or divisions.

The Minister may by regulations make provisions for determining the persons responsible for carrying out the requirements of this Act, imposed on a person carrying on a business where the business is carried on in partnership or by a club, association, society or organisation the affairs of which are managed by its members or a committee or committees of its members.

The registration under this Act of any such club, association, society or organisation may be in the name of the club, association, society or organisation; and in determining whether goods or services are supplied to or by such a club, association, society or organisation, no account shall be taken of any change in its members.

Where a taxable person dies, or goes into liquidation or receivership, or becomes bankrupt or incapacitated, the Comptroller may, from the date of the death, liquidation, receivership, bankruptcy or incapacity until such time when another person is registered in respect of the taxable supplies made or intended to be made by that taxable person in the course or furtherance of his business or in the case of incapacity until such time as the incapacity ceases, deem any person carrying on that business to be a taxable person except that any requirement to pay tax shall only apply to that person to the extent of the assets of the deceased or incapacitated person over which he has control.

Any person carrying on the business referred to in subsection (4) shall, within 21 days of commencing to do so, inform the Comptroller in writing of that fact and of the date of the death or of the liquidation, receivership or bankruptcy, or of the nature of the incapacity and the date on which it began.

Where a person who is accountable for any tax, or on whom any duties are imposed by or under this Act, is not resident in Singapore, the Comptroller may by notice in writing served on any agent, manager or factor who is resident in Singapore and has acted on behalf of that person in matters by reference to which that person is accountable or the duties are imposed, direct that he shall be substituted for that person as the person accountable for the tax or that he shall be under an obligation to discharge those duties or any of them.

For the purposes of this Act, goods imported by a taxable person and supplied by him as agent for a person who is not a taxable person may be treated as imported and supplied by the taxable person as principal.

For the purposes of subsection (2), a person who is not resident in Singapore and whose place or principal place of business is outside Singapore may be treated as not being a taxable person if as a result he will not be required to be registered under this Act.

Where goods or services are supplied through an agent who acts in his own name, the Comptroller may, if he thinks fit, treat the supply both as a supply to the agent and as a supply by the agent.

The Minister may by regulations make provisions for modifying the provisions of this Act in their application to transactions involving betting, sweepstakes, lotteries, fruit machines or gaming and persons ordinarily engaged in such transactions as may be specified in the regulations, subject to such conditions as may be so specified.

Any regulations made under this section may make different provisions with respect to different transactions or different circumstances.

For the purposes of this section, “lotteries” and “fruit machines” shall have the same meanings as in the Private Lotteries Act [Cap. 250].

The Minister may by regulations make provisions for modifying the provisions of this Act in their application to dealings on commodity, futures or securities markets or exchanges and such persons ordinarily engaged in such dealings as may be specified in the regulations, subject to such conditions as may be so specified.

Without prejudice to the generality of subsection (1), any regulations made under this section may include provisions —

Any regulations made under this section may make different provisions with respect to different markets or exchanges and with respect to different commodities, futures or securities.

Where imported goods subject to any customs or excise duty or both customs duty and excise duty are supplied while warehoused, the supply shall, except where the contrary intention appears, be disregarded for the purposes of this Act if the goods are supplied before payment of the duty to which they are subject or, where they are subject to both customs duty and excise duty, of the excise duty.

Where goods produced or manufactured in Singapore subject to excise duty or such goods mixed with imported goods subject to a duty (whether customs or excise duty) are supplied while warehoused and before payment of the duty, then —

The Minister may by regulations make provision for enabling goods which are supplied as mentioned in subsection (2), and are so supplied to a taxable person for the purpose of a business carried on by him, to be removed from warehouse without payment of the tax on the supply and for that tax to be accounted for together with the tax chargeable on the supply of goods or services by him.

This section shall apply where there is a change in the rate of tax in force under section 16 or in the descriptions of exempt or zero-rated supplies.