Singapore legislation

Regulation 3

of Stamp Duties (Non-Licensed Housing Developers) (Remission of ABSD) Rules 2015

Regulation 3

Remission of ABSD for instruments relating to property for housing development

Amended byS 370/2022 wef 09/05/2022S 456/2018 wef 06/07/2018S 947/2021 wef 16/12/2021S 947/2021 wef 16/12/2021S 947/2021 wef 16/12/2021S 456/2018 wef 06/07/2018S 370/2022 wef 09/05/2022S 368/2020 wef 01/02/2020S 877/2020 wef 01/08/2020S 416/2021 wef 01/02/2021S 416/2021 wef 01/02/2021S 416/2021 wef 01/02/2021S 877/2020 wef 01/08/2020S 416/2021 wef 28/06/2021S 370/2022 wef 09/05/2022S 370/2022 wef 09/05/2022S 370/2022 wef 09/05/2022S 370/2022 wef 09/05/2022S 368/2020 wef 01/02/2020S 416/2021 wef 28/06/2021S 370/2022 wef 09/05/2022S 370/2022 wef 09/05/2022S 370/2022 wef 09/05/2022

Subregulation 1

Amended byS 370/2022 wef 09/05/2022S 456/2018 wef 06/07/2018

There is to be remitted the prescribed amount of the ABSD that is chargeable on any of the following instruments (not being one to which rule 4 applies) executed on or after 16 December 2015:

(a)

a conveyance, assignment or transfer on sale of residential property to a housing developer for the purpose of housing development by the housing developer;

(aa)a conveyance, assignment or transfer on sale of residential property executed on or after 9 May 2022 to a trustee for a housing developer for the purpose of housing development by the housing developer;

(b)

any instrument chargeable in like manner, including (but not limited to) a conveyance direction.

Subregulation 1A

Amended byS 947/2021 wef 16/12/2021S 947/2021 wef 16/12/2021S 947/2021 wef 16/12/2021S 456/2018 wef 06/07/2018

For the purpose of paragraph (1), the prescribed amount of the ABSD is —

(a)

if the instrument is executed before 6 July 2018, the full amount of the ABSD;

(b)

if the instrument is one mentioned in rule 3(1) of the Stamp Duties (Instruments on or before 5 July 2018) (Remission) Rules 2018 (G.N. No. S 453/2018), the full amount of the ABSD that is chargeable after applying those Rules; (c)if the instrument —

(i)

is executed between 6 July 2018 and 15 December 2021 (both dates inclusive) and is not one mentioned in sub-paragraph (b); or

(ii)

is one mentioned in rule 3(1) of the Stamp Duties (Instruments on or before 15 December 2021) (Remission) Rules 2021 (G.N. No. S 944/2021), 25% of the amount or the total amount of the consideration (as determined in accordance with paragraphs (2)(bb) and (4)(a) of Article 3 of the First Schedule to the Act) of the residential property or properties conveyed, assigned or transferred under the instrument; and

(d)

if the instrument is executed on or after 16 December 2021 and is not one mentioned in sub-paragraph (c)(ii), 35% of the amount or the total amount of the consideration (as determined in accordance with paragraphs (2)(bb) and (4)(a) of Article 3 of the First Schedule to the Act) of the residential property or properties conveyed, assigned or transferred under the instrument.

Subregulation 2

Amended byS 370/2022 wef 09/05/2022

The remission under this rule for an instrument in paragraph (1)(a) and any instrument chargeable in like manner (including, but not limited to, a conveyance direction) is subject to all of the following conditions:

(a)

the housing developer commences housing development on the residential property within 2 years starting from the date of execution of the instrument;

(b)

the housing developer completes the housing development, and sells all the units of housing accommodation that are the subject of the development within 3 years starting from the date of execution of the instrument;

(c)

the housing developer provides to the Commissioner, within 2 years starting from the date of execution of the instrument or (in any particular case) by such earlier date as the Commissioner may require or such later date as the Commissioner may permit —

(i)

a copy of the approval of the Controller of Residential Property referred to in section 31 of the Residential Property Act (Cap. 274) (if applicable) in respect of the housing development; and

(ii)

such other documents as the Commissioner may require to satisfy himself or herself that the condition under sub-paragraph (a) has been complied with;

(d)

the housing developer provides to the Commissioner within 3 years starting from the date of execution of the instrument, or (in any particular case) by such earlier date as the Commissioner may require or such later date as the Commissioner may permit —

(i)

a copy of the Temporary Occupation Permit or Certificate of Statutory Completion in respect of the units of housing accommodation; and

(ii)

such other documents as the Commissioner may require to satisfy himself or herself that the condition under sub-paragraph (b) has been complied with;

(e)

the housing developer provides to the Commissioner on the date of execution of the instrument or by such later date as the Commissioner may permit in any particular case, a written undertaking to comply with all the conditions in sub-paragraphs (a) to (d).

Subregulation 2A

Amended byS 368/2020 wef 01/02/2020S 877/2020 wef 01/08/2020S 416/2021 wef 01/02/2021

However, in a case where —

(a)

the date of execution of the instrument is on or before 1 June 2020; and

(b)

without regard to this paragraph, the last date by which the housing developer must comply with paragraph (2)(a) is on or after 1 February 2020,then the reference to 2 years in paragraph (2)(a) and (c) is each replaced with 3 years and 6 months.

Subregulation 2B

Amended byS 416/2021 wef 01/02/2021S 416/2021 wef 01/02/2021S 877/2020 wef 01/08/2020

In addition, in a case where —

(a)

the date of execution of the instrument is on or before 1 June 2020; and (b)without regard to this paragraph, the last date by which the housing developer must comply with paragraph (2)(b) is on or after 1 February 2020, then —

(c)

the reference to 3 years in paragraph (2)(b) is replaced with the following:

(i)

in relation to the completion of the housing development — 4 years and 6 months; (ii)in relation to the sale of all the units of housing accommodation that are the subject of the housing development — 3 years and 6 months; and

(d)

the reference to 3 years in paragraph (2)(d) is replaced with a reference to 4 years and 6 months.

Subregulation 2C

Amended byS 416/2021 wef 28/06/2021

In addition, in a case where the date of execution of the instrument is between 2 June 2020 and 7 May 2021 (both dates inclusive), then —

(a)

the reference to 2 years in paragraph (2)(a) and (c) is each replaced with a reference to 2 years and 6 months; and (b)the reference to 3 years in paragraph (2)(b) (in relation to the completion of the housing development) and (d) is each replaced with a reference to 3 years and 6 months.

Subregulation 2D

Amended byS 370/2022 wef 09/05/2022

The remission under this rule for an instrument in paragraph (1)(aa), and any instrument chargeable in like manner (including, but not limited to, a conveyance direction), is subject to all of the following conditions:

(a)

the trustee ensures that the housing developer complies with paragraph (2)(a) to (e);

(b)

the trustee provides to the Commissioner on the date of execution of the instrument or by such later date as the Commissioner may permit in any particular case, a written undertaking to comply with the condition in sub-paragraph (a).

Subregulation 2E

Amended byS 370/2022 wef 09/05/2022

For the purpose of paragraph (2D)(a), a reference to the instrument in paragraph (2)(a) to (e) is to any of the instruments mentioned in paragraph (2D).

Subregulation 2F

Amended byS 370/2022 wef 09/05/2022

To avoid doubt, the trustee is not considered to have complied with the condition in paragraph (2D)(a) if, despite the trustee’s efforts, the housing developer fails to comply with paragraph (2)(a) to (e) or any of those provisions.

Subregulation 3

Amended byS 370/2022 wef 09/05/2022S 368/2020 wef 01/02/2020S 416/2021 wef 28/06/2021S 370/2022 wef 09/05/2022

For the purposes of paragraphs (2), (2A), (2B) and (2C), and paragraph (2) as applied by paragraph (2D)(a), the date set out in each of the following sub-paragraphs is treated as the date of execution of the instrument described in that sub-paragraph:

(a)

in the case of an instrument that is a conveyance, assignment or transfer to a housing developer or a trustee for a housing developer which is preceded by a contract or agreement for the sale of the residential property to the housing developer or the trustee (as the case may be), the date the contract or agreement is executed;

(b)

in the case of an instrument that is a conveyance, assignment or transfer to a housing developer which is preceded by a conveyance direction directing the conveyance or transfer of the residential property to the housing developer —

(i)

if duty is remitted under rule 5 on a contract or agreement for the sale of the residential property to the company which made the conveyance direction, the date that contract or agreement is executed; or

(ii)

if duty is not remitted under rule 5 on such contract or agreement, the date the conveyance direction is executed;

(c)

in the case of an instrument that is a conveyance direction —

(i)

if duty is remitted under rule 5 on a contract or agreement for the sale of the residential property to the company which made the conveyance direction, the date that contract or agreement is executed; or

(ii)

if duty is not remitted under rule 5 on such contract or agreement, the date the conveyance direction is executed.

Subregulation 4

Amended byS 370/2022 wef 09/05/2022

In paragraph (3)(b)(i) and (c)(i), duty is treated as remitted under rule 5 even if it subsequently becomes recoverable under section 74(6) of the Act.

Subregulation 5

Amended byS 370/2022 wef 09/05/2022

In this rule, a reference to a conveyance, assignment or transfer of residential property to a housing developer includes, if the instrument is executed before 9 May 2022, a conveyance, assignment or transfer to a person to hold on trust for a housing developer who, because of the trust, has beneficial ownership of the residential property.