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Singapore legislation

Regulation 2

of Goods and Services Tax (Excluded Transactions) Order 1994

Regulation 2

Excluded transactions

Except in the circumstances referred to in paragraph 3, the following supplies by a person (A) of assets of A’s business are treated as neither a supply of goods nor a supply of services:

(a)

the supply to a person (B) to whom A transfers A’s business as a going concern —

(i)

where the assets are to be used by B in carrying on the same kind of business, whether or not as part of any existing business, as that carried on by A; and

(ii)

where, in a case in which A is a taxable person, B is already, or immediately becomes as a result of the transfer, a taxable person; (b)the supply to a person (C) to whom A transfers part of A’s business as a going concern —

(i)

where that part is capable of separate operation;

(ii)

where the assets are to be used by C in carrying on the same kind of business, whether or not as part of any existing business, as that carried on by A in relation to that part; and

(iii)

where, in a case in which A is a taxable person, C is already, or immediately becomes as a result of the transfer, a taxable person.