/akn/sg/act/sub_leg/1929/SDA-S214-2013

Stamp Duties (Free Trade Agreements) (Remission of ABSD) Rules 2013

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Type
Subsidiary Legislation
Status
In force
Enacted
1929
Sections
5

Quick answer

About this subsidiary legislation

Stamp Duties (Free Trade Agreements) (Remission of ABSD) Rules 2013 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation SDA-S214-2013 1929, currently marked in force and first recorded in 1929.

Regulation 1

Citation and commencement

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These Rules may be cited as the Stamp Duties (Free Trade Agreements) (Remission of ABSD) Rules 2013 and shall be deemed to have come into operation on 12th January 2013.

Regulation 2

Definitions

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Amended byS 950/2021 wef 16/12/2021S 245/2023 wef 27/04/2023S 368/2022 wef 09/05/2022S 368/2022 wef 09/05/2022S 368/2022 wef 09/05/2022S 368/2022 wef 09/05/2022

Subregulation 1

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Amended byS 950/2021 wef 16/12/2021S 245/2023 wef 27/04/2023S 368/2022 wef 09/05/2022S 368/2022 wef 09/05/2022S 368/2022 wef 09/05/2022

In these Rules —

Definition

“additional buyer’s stamp duty” or “ABSD” means the duty referred to in paragraph (bf), (bh) or (bi) of Article 3 of the First Schedule to the Act;

Amended byS 950/2021 wef 16/12/2021S 245/2023 wef 27/04/2023
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Definition

“identifiable individual beneficiary” has the meaning given by paragraph (1A) (read with paragraph (1B)) of Article 3 of the First Schedule to the Act;

Amended byS 368/2022 wef 09/05/2022
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Definition

“qualifying foreigner” means —

(a)

a national of the United States, as defined in Title III of the Immigration and Nationality Act of the United States; or

(b)

an individual having the nationality or permanent residence of the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway or the Swiss Confederation,and includes an individual referred to in paragraph (a) or (b) of this definition who is also a permanent resident of Singapore;

Amended byS 368/2022 wef 09/05/2022
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Definition

“section 74 Rules” means any Rules made under section 74 of the Act other than these Rules.

Amended byS 368/2022 wef 09/05/2022
Suggest a correction

Subregulation 2

Suggest a correction

In these Rules, a reference to joint purchasers, grantees, transferees or lessees is a reference to persons to whom the residential property in question is sold, conveyed, transferred or assigned as joint tenants or as tenants in common.

Subregulation 3

Suggest a correction

In these Rules, except where the residential property is to be held as property of a business trust or a collective investment scheme or as partnership property, a reference to a purchaser, grantee, transferee or lessee, in a case where he is to hold the residential property on trust, is a reference to the beneficial owner; and where there is more than one beneficial owner (whether or not including the purchaser, grantee, transferee or lessee himself), all the beneficial owners shall be treated as joint purchasers, grantees, transferees or lessees.

Subregulation 4

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Amended byS 368/2022 wef 09/05/2022

Paragraph (3) only applies to an instrument executed before 9 May 2022.

Regulation 3

Remission of ABSD where buyer or any joint buyer is qualifying foreigner

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Amended byS 368/2022 wef 09/05/2022S 368/2022 wef 09/05/2022

Subregulation 1

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If the purchaser, grantee, transferee or lessee under an instrument that is chargeable with ABSD, or any of the joint purchasers, grantees, transferees or lessees under such an instrument, is a qualifying foreigner at the time of execution of the instrument, then there shall be remitted the amount of ABSD chargeable on the instrument that is the difference between —

(a)

the amount of ABSD that is chargeable on the instrument; and

(b)

the amount of ABSD (if any) that would have been chargeable on the instrument if the qualifying foreigner were a citizen of Singapore at the time of execution of the instrument, less any amount that would have been remitted under any other Rules made under section 74 of the Act if the qualifying foreigner were a citizen of Singapore at that time, all other circumstances and parties to the instrument being the same.

Subregulation 1A

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Amended byS 368/2022 wef 09/05/2022

However, where —

(a)

payment of an amount of ABSD had earlier been made on an instrument less a remitted amount under this rule; and

(b)

the amount in paragraph (1)(b) (called in this rule a paragraph (1)(b) amount) has become smaller than the paragraph (1)(b) amount used in computing the remitted amount as, due to a subsequent disposal of an interest or estate in residential property, an additional amount of ABSD would have been remitted under rule 4 of the Stamp Duties (Spouses) (Remission of ABSD) Rules 2013 (G.N. No. S 217/2013) had the purchaser, grantee, transferee or lessee, or any of the joint purchasers, grantees, transferees or lessees (as the case may be), been a citizen of Singapore at the time of execution of the instrument,then a claim for a refund of the difference between the 2 paragraph (1)(b) amounts mentioned in sub-paragraph (b) may be made to the Commissioner within 6 months after the date of the disposal, or such longer period as the Commissioner may allow in a particular case.

Subregulation 2

Suggest a correction

For the avoidance of doubt, there is no remission of ABSD on the instrument if the amount referred to in paragraph (1)(b) is the same or more than the amount referred to in paragraph (1)(a).

Subregulation 3

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For the avoidance of doubt, paragraph (1) does not apply if the property purchased, conveyed, transferred or assigned is to be held as partnership property.

Subregulation 4

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Amended byS 368/2022 wef 09/05/2022

Paragraph (1) also does not apply to a case to which rule 3A(1) applies.

Regulation 3A

Remission of ABSD where identifiable individual beneficiary is qualifying foreigner

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Amended byS 245/2023 wef 27/04/2023S 368/2022 wef 09/05/2022

Subregulation 1

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Amended byS 245/2023 wef 27/04/2023

Subject to paragraph (4), there is remitted the prescribed amount of ABSD chargeable at the rate in paragraph (bh)(xviii) or (bi)(xix) of Article 3 of the First Schedule to the Act on —

(a)

a conveyance, transfer or assignment on sale of residential property or an estate or interest therein to a person to hold on trust for one or more identifiable individual beneficiaries only, whether or not the conveyance, assignment or transfer is also made to another person (called in this rule X); and

(b)

any instrument chargeable in like manner,if the identifiable individual beneficiary, or any of the identifiable individual beneficiaries, is a qualifying foreigner at the time of execution of the instrument.

Subregulation 2

Suggest a correction

The prescribed amount is the difference between —

(a)

the amount of ABSD chargeable on the instrument; and

(b)

the amount of ABSD that would have been chargeable —

(i)

had the identifiable individual beneficiary been the purchaser, grantee, transferee or lessee of the property, estate or interest and also, at the time of execution of the instrument, a citizen of Singapore;

(ii)

had the identifiable individual beneficiaries been joint purchasers, grantees, transferees or lessees of the property, estate or interest, and any of them had, at the time of execution of the instrument, been a citizen of Singapore; or

(iii)

had the identifiable individual beneficiary or beneficiaries been joint purchasers, grantees, transferees or lessees of the property, estate or interest with X, and the identifiable individual beneficiary or any of the identifiable individual beneficiaries had, at the time of execution of the instrument, been a citizen of Singapore, (as the case may be), less any amount that would have been remitted under any section 74 Rules if sub-paragraph (i), (ii) or (iii) (as the case may be) had been satisfied.

Subregulation 3

Suggest a correction

To avoid doubt, in paragraph (2), an amount of ABSD is one that would have been remitted under any section 74 Rules only if all other circumstances and conditions for the application of the remission are present and satisfied in the case in question.

Subregulation 4

Suggest a correction

Paragraph (1) applies only if —

(a)

the ABSD chargeable on the instrument has been paid to the Commissioner; (b)a claim for refund of the ABSD is made to the Commissioner within 6 months after the date of execution of the instrument or such longer period as the Commissioner may allow in a particular case; and

(c)

the Commissioner is satisfied that the instrument satisfies all the requirements under this rule for the remission.

Subregulation 5

Suggest a correction

However, where —

(a)

a refund of an amount of ABSD had earlier been given in relation to an instrument under this rule; and

(b)

the amount in paragraph (2)(b) (called in this rule a paragraph (2)(b) amount) has become smaller than the paragraph (2)(b) amount used in computing the refund as, due to a subsequent disposal of an interest or estate in residential property, an additional amount of ABSD would have been remitted under rule 4 of the Stamp Duties (Spouses) (Remission of ABSD) Rules 2013 had the identifiable individual beneficiary or any of the identifiable individual beneficiaries (as the case may be) been a citizen of Singapore at the time of execution of the instrument,then a claim for a refund of the difference between the 2 paragraph (2)(b) amounts mentioned in sub-paragraph (b) may be made to the Commissioner within 6 months after the date of the disposal, or such longer period as the Commissioner may allow in a particular case.

Regulation 4

Rules subject to other Rules

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Amended byS 368/2022 wef 09/05/2022

In a case where only a part of the full amount of ABSD chargeable on an instrument is remitted under rule 3 or 3A, but the full amount of ABSD chargeable on the instrument is remitted by an application of a provision of any section 74 Rules, then the provision of those section 74 Rules applies despite anything in these Rules.

Common questions

What is Stamp Duties (Free Trade Agreements) (Remission of ABSD) Rules 2013?
Stamp Duties (Free Trade Agreements) (Remission of ABSD) Rules 2013 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation SDA-S214-2013 1929, currently marked in force and first recorded in 1929.
Is Stamp Duties (Free Trade Agreements) (Remission of ABSD) Rules 2013 still in force?
Yes — Stamp Duties (Free Trade Agreements) (Remission of ABSD) Rules 2013 is currently in force.
When did Stamp Duties (Free Trade Agreements) (Remission of ABSD) Rules 2013 take effect?
Stamp Duties (Free Trade Agreements) (Remission of ABSD) Rules 2013 was first recorded in 1929.
How many regulations does Stamp Duties (Free Trade Agreements) (Remission of ABSD) Rules 2013 have?
Stamp Duties (Free Trade Agreements) (Remission of ABSD) Rules 2013 contains 5 regulations.
Where can I read the official version of Stamp Duties (Free Trade Agreements) (Remission of ABSD) Rules 2013?
The official text of Stamp Duties (Free Trade Agreements) (Remission of ABSD) Rules 2013 is published at sso.agc.gov.sg.