Singapore legislation

Regulation 15

of Stamp Duties (Section 22A) Order 2010

Regulation 15

Transfers of HDB flats within families

Amended byS 775/2015 wef 18/12/2015

Subregulation 1

This paragraph applies where interest in the HDB flat was transferred to a person (called D) through a remitted conveyance.

Subregulation 2

When D disposes of the whole or any portion of D’s interest in the HDB flat which was transferred to D in the circumstances described in sub‑paragraph (1), then, for the purpose of determining whether D disposes of such interest within the relevant specified holding period prescribed in this Order —

(a)

D is treated as having acquired such interest on the earliest date of acquisition of any interest in the HDB flat by any person (including D) who —

(i)

has an interest in the flat immediately before the disposal by D; and

(ii)

continually holds an interest in the flat from the time of the person’s acquisition of that interest until the disposal by D; and

(b)

D is treated as having disposed of such interest at the time specified in section 22A(12) of the Act.

Subregulation 3

Amended byS 775/2015 wef 18/12/2015

In this paragraph, “remitted conveyance”, in relation to an HDB flat, means a transfer of any interest in the flat where the duty chargeable under the Act on the instrument for the transfer is remitted pursuant to the Stamp Duties (Transfer of HDB Flat within Family) (Remission) Rules 2007 (G.N. No. S 735/2007).