/akn/sg/act/sub_leg/1929/SDA-S216-2013

Stamp Duties (Transfer of Interest in Property which Buyer has Interest) (Remission of ABSD) Rules 2013

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Type: Subsidiary Legislation
Status: In force
Enacted: 1929
Sections: 6

Quick answer

About this subsidiary legislation

Stamp Duties (Transfer of Interest in Property which Buyer has Interest) (Remission of ABSD) Rules 2013 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation SDA-S216-2013 1929, currently marked in force and first recorded in 1929.

Regulation 1

Citation and commencement

These Rules may be cited as the Stamp Duties (Transfer of Interest in Property which Buyer has Interest) (Remission of ABSD) Rules 2013 and shall be deemed to have come into operation on 12th January 2013.

Regulation 2

Definitions

Amended byS 945/2021 wef 16/12/2021S 245/2023 wef 27/04/2023S 371/2022 wef 09/05/2022S 245/2023 wef 27/04/2023S 371/2022 wef 09/05/2022S 746/2022 wef 19/09/2022S 245/2023 wef 27/04/2023S 945/2021 wef 16/12/2021S 245/2023 wef 27/04/2023S 371/2022 wef 09/05/2022

Subregulation 1

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 945/2021 wef 16/12/2021S 245/2023 wef 27/04/2023

Definition

“housing developer”, “trustee” and “trustee for a housing developer” have the meanings given by paragraph (1) of Article 3 of the First Schedule to the Act;

Amended byS 371/2022 wef 09/05/2022

Definition

“relevant individual” means a Singapore citizen owning 2 properties or a Singapore permanent resident owning one property and, in relation to an instrument executed on or after 27 April 2023, includes a Singapore permanent resident owning 2 properties;

Amended byS 245/2023 wef 27/04/2023

Definition

“residential property” has the same meaning as in paragraph (b) of the definition of that term in paragraph (1) of Article 3 of the First Schedule to the Act;

Definition

“Singapore citizen not owning property”, “Singapore citizen owning one property”, “Singapore citizen owning 2 properties”, “Singapore citizen owning 2 or more properties”, “Singapore permanent resident not owning property”, “Singapore permanent resident owning one property”, “Singapore permanent resident owning 2 or more properties”, “Singapore permanent resident owning property”, “foreigner” and “entity” —

(a)

have the meanings given to those expressions in paragraph (1) read with paragraphs (2)(a), (aa) and (ab), (3) and (8) of Article 3 of the First Schedule to the Act; but (b)the reference to the instrument to be stamped in each of the definitions of those expressions, and the reference to the instrument in question in paragraph (2)(a) of Article 3 of the First Schedule to the Act, is substituted in each case with a reference to the instrument on which any amount of ABSD chargeable on the instrument is remitted under rule 3 or is so remitted but for the operation of rule 4;

Amended byS 371/2022 wef 09/05/2022S 746/2022 wef 19/09/2022S 245/2023 wef 27/04/2023S 945/2021 wef 16/12/2021

Definition

“Singapore permanent resident owning 2 properties” means a permanent resident of Singapore who, if not for the transaction which is the subject of the instrument on which any amount of ABSD chargeable on the instrument is remitted under rule 3 or is so remitted but for the operation of rule 4, beneficially owns (whether alone or jointly or in common with another) an estate or interest in 2 residential properties situated within Singapore.

Amended byS 245/2023 wef 27/04/2023

Subregulation 2

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

Subregulation 3

Amended byS 371/2022 wef 09/05/2022

In these Rules, in the case of an instrument executed before 9 May 2022, and 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.

Regulation 3

Remission of ABSD

Amended byS 245/2023 wef 27/04/2023S 245/2023 wef 27/04/2023S 245/2023 wef 27/04/2023S 245/2023 wef 27/04/2023S 245/2023 wef 27/04/2023S 245/2023 wef 27/04/2023S 245/2023 wef 27/04/2023S 245/2023 wef 27/04/2023S 245/2023 wef 27/04/2023S 245/2023 wef 27/04/2023S 245/2023 wef 27/04/2023S 945/2021 wef 16/12/2021

Subregulation 1

Subject to rule 4, there shall be remitted the prescribed amount of ABSD that is chargeable on —

(a)

a contract or agreement for the sale of, or a conveyance, assignment or transfer on sale of, an estate or interest in a single residential property; and

(b)

any instrument chargeable in like manner,if —

(i)

the purchaser, grantee, transferee or lessee or any of 2 or more joint purchasers, grantees, transferees or lessees under the instrument is a relevant individual;

(ii)

at the time of execution of the instrument, the relevant individual beneficially owns jointly or in common with one or more other persons any estate or interest in any residential property other than by virtue of the transaction which is the subject of the instrument; and

(iii)

that other or any of those other persons sells, conveys, transfers or assigns his estate or interest (or any part thereof) in that property under the instrument to the purchaser, grantee, transferee or lessee or the joint purchasers, grantees, transferees or lessees.

Subregulation 2

In paragraph (1), the prescribed amount of ABSD chargeable on an instrument is —

(a)

in a case where the relevant individual is a Singapore citizen owning 2 properties or, where there is more than one relevant individual, any one or more of them is or are a Singapore citizen owning 2 properties or Singapore citizens owning 2 properties, and none of them is a Singapore permanent resident owning 2 properties —

(i)

if the instrument is executed before 16 December 2021 or the Stamp Duties (Instruments on or before 15 December 2021) (Remission) Rules 2021 (G.N. No. S 944/2021) apply to the instrument — 3% of the amount or value of the consideration of the estate or interest (or the part of the estate or interest) mentioned in paragraph (1)(iii); (ii)if the instrument is executed between 16 December 2021 and 26 April 2023 (both dates inclusive) and the Stamp Duties (Instruments on or before 15 December 2021) (Remission) Rules 2021 do not apply to the instrument — 8% of the amount or value of the consideration of the estate or interest (or the part of the estate or interest) mentioned in paragraph (1)(iii); (iii)if the instrument is executed on or after 27 April 2023 and the Stamp Duties (Instruments on or before 26 April 2023) (Remission) Rules 2023 (G.N. No. S 244/2023) apply to the instrument — 8% of the amount or value of the consideration of the estate or interest (or the part of the estate or interest) mentioned in paragraph (1)(iii); or

(iv)

if the instrument is executed on or after 27 April 2023 and the Stamp Duties (Instruments on or before 26 April 2023) (Remission) Rules 2023 do not apply to the instrument — 10% of the amount or value of the consideration of the estate or interest (or the part of the estate or interest) mentioned in paragraph (1)(iii);

(b)

in a case where the relevant individual is a Singapore permanent resident owning one property or, where there is more than one relevant individual, all of them are Singapore permanent residents owning one property —

(i)

if the instrument is executed before 6 July 2018 or the Stamp Duties (Instruments on or before 5 July 2018) (Remission) Rules 2018 (G.N. No. S 453/2018) apply to the instrument — 5% of the amount or value of the consideration of the estate or interest (or the part of the estate or interest) mentioned in paragraph (1)(iii);

(ii)

if the instrument is executed between 6 July 2018 and 15 December 2021 (both dates inclusive) and the Stamp Duties (Instruments on or before 5 July 2018) (Remission) Rules 2018 do not apply to the instrument —10% of the amount or value of the consideration of the estate or interest (or the part of the estate or interest) mentioned in paragraph (1)(iii); (iii)if the instrument is executed between 16 December 2021 and 26 April 2023 (both dates inclusive) and the Stamp Duties (Instruments on or before 15 December 2021) (Remission) Rules 2021 apply to the instrument — 10% of the amount or value of the consideration of the estate or interest (or the part of the estate or interest) mentioned in paragraph (1)(iii); (iv)if the instrument is executed between 16 December 2021 and 26 April 2023 (both dates inclusive) and the Stamp Duties (Instruments on or before 15 December 2021) (Remission) Rules 2021 do not apply to the instrument — 20% of the amount or value of the consideration of the estate or interest (or the part of the estate or interest) mentioned in paragraph (1)(iii);

(v)

if the instrument is executed on or after 27 April 2023 and the Stamp Duties (Instruments on or before 26 April 2023) (Remission) Rules 2023 apply to the instrument — 20% of the amount or value of the consideration of the estate or interest (or the part of the estate or interest) mentioned in paragraph (1)(iii); or

(vi)

if the instrument is executed on or after 27 April 2023 and the Stamp Duties (Instruments on or before 26 April 2023) (Remission) Rules 2023 do not apply to the instrument — 25% of the amount or value of the consideration of the estate or interest (or the part of the estate or interest) mentioned in paragraph (1)(iii); and

(c)

in any other case, 5% of the amount or value of the consideration of the estate or interest (or the part of the estate or interest) mentioned in paragraph (1)(iii).

Regulation 4

Circumstances where rule 3 is inapplicable

Amended byS 301/2014 wef 23/04/2014S 454/2018 wef 06/07/2018S 301/2014 wef 23/04/2014S 454/2018 wef 06/07/2018S 454/2018 wef 06/07/2018S 454/2018 wef 06/07/2018S 454/2018 wef 06/07/2018S 945/2021 wef 16/12/2021S 371/2022 wef 09/05/2022S 371/2022 wef 09/05/2022S 945/2021 wef 16/12/2021S 245/2023 wef 27/04/2023S 245/2023 wef 27/04/2023S 371/2022 wef 09/05/2022

Subregulation 1

Rule 3 does not apply in relation to an instrument executed before 16 December 2021 or an instrument to which the Stamp Duties (Instruments on or before 15 December 2021) (Remission) Rules 2021 apply if —

(a)

the relevant individual or individuals (as the case may be), together with one or more other persons, are joint purchasers, grantees, transferees or lessees under the instrument; and

(b)

without considering the status of the relevant individual or individuals, sub-paragraph (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix) or (x) of paragraph (bf) of Article 3 of the First Schedule to the Act (referred to in this rule as the Article) applies to the instrument by virtue of the fact that the other person or any of the other persons is —

(i)

in the case of sub-paragraph (i) of paragraph (bf) of the Article, a Singapore citizen owning one property;

(ii)

in the case of sub-paragraph (ii) of paragraph (bf) of the Article, a Singapore permanent resident not owning property;

(iii)

in the case of sub-paragraph (iii) of paragraph (bf) of the Article, a Singapore citizen owning 2 or more properties, or a Singapore permanent resident owning property;

(iv)

in the case of sub-paragraph (iv) or (v) of paragraph (bf) of the Article, a Singapore citizen not owning property;

(v)

in the case of sub-paragraph (vi) of paragraph (bf) of the Article, a Singapore citizen owning one property;

(vi)

in the case of sub-paragraph (vii) of paragraph (bf) of the Article, a Singapore permanent resident not owning property; (vii)in the case of sub-paragraph (viii) of paragraph (bf) of the Article, a foreigner;

(viii)

in the case of sub-paragraph (ix) of paragraph (bf) of the Article, an entity other than a housing developer; and

(ix)

in the case of sub-paragraph (x) of paragraph (bf) of the Article, a housing developer.

Subregulation 1A

Amended byS 371/2022 wef 09/05/2022S 371/2022 wef 09/05/2022S 945/2021 wef 16/12/2021S 245/2023 wef 27/04/2023

Rule 3 does not apply in relation to an instrument executed between 16 December 2021 and 26 April 2023 (both dates inclusive) (that is not an instrument to which the Stamp Duties (Instruments on or before 15 December 2021) (Remission) Rules 2021 apply), and in relation to an instrument to which the Stamp Duties (Instruments on or before 26 April 2023) (Remission) Rules 2023 apply, if —

(a)

the relevant individual or individuals (as the case may be), together with one or more other persons, are joint purchasers, grantees, transferees or lessees under the instrument; and

(b)

without considering the status of the relevant individual or individuals —

(i)

sub-paragraph (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (x), (xi), (xii), (xiv), (xv), (xvi), (xvii), (xviii) or (xix) of paragraph (bh) of the Article applies to the instrument by virtue of the fact that the other person or any of the other persons is —

(A)

in the case of sub-paragraph (i), (iv) or (xiv) of paragraph (bh) of the Article — a Singapore permanent resident not owning property;

(B)

in the case of sub-paragraph (ii) or (vi) of paragraph (bh) of the Article — a Singapore citizen not owning property;

(C)

in the case of sub-paragraph (iii), (vii) or (viii) of paragraph (bh) of the Article — a Singapore citizen owning one property;

(D)

in the case of sub-paragraph (v) or (xv) of paragraph (bh) of the Article — a Singapore permanent resident owning one property;

(E)

in the case of sub-paragraph (x), (xi) or (xii) of paragraph (bh) of the Article — a Singapore citizen owning 2 or more properties;

(F)

in the case of sub-paragraph (xvi) of paragraph (bh) of the Article — a Singapore permanent resident owning 2 or more properties;

(G)

in the case of sub-paragraph (xvii) of paragraph (bh) of the Article — a foreigner;

(H)

in the case of sub-paragraph (xviii) of paragraph (bh) of the Article — an entity other than a housing developer, or a trustee other than a trustee for a housing developer (but only if the instrument is executed on or after 9 May 2022); and

(I)

in the case of sub-paragraph (xix) of paragraph (bh) of the Article — a housing developer, or a trustee for a housing developer (but only if the instrument is executed on or after 9 May 2022); or

(ii)

sub-paragraph (ix) or (xiii) of paragraph (bh) of the Article applies to the instrument by virtue of the fact that —

(A)

in the case of sub-paragraph (ix) of paragraph (bh) of the Article — any of the other persons is a Singapore citizen owning one property and another is a Singapore permanent resident not owning property; and

(B)

in the case of sub-paragraph (xiii) of paragraph (bh) of the Article — any of the other persons is a Singapore citizen owning 2 or more properties and another is a Singapore permanent resident not owning property.

Subregulation 1B

Amended byS 245/2023 wef 27/04/2023

Rule 3 does not apply in relation to an instrument executed on or after 27 April 2023 (that is not an instrument to which the Stamp Duties (Instruments on or before 26 April 2023) (Remission) Rules 2023 apply) if —

(a)

the relevant individual or individuals (as the case may be), together with one or more other persons, are joint purchasers, grantees, transferees or lessees under the instrument; and

(b)

without considering the status of the relevant individual or individuals —

(i)

sub-paragraph (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (x), (xi), (xii), (xiv), (xv), (xvi), (xvii), (xviii) or (xix) of paragraph (bi) of Article 3 of the First Schedule to the Act applies to the instrument by virtue of the fact that the other person or any of the other persons is —

(A)

in the case of sub-paragraph (i), (iv) or (xiv) of paragraph (bi) of the Article — a Singapore permanent resident not owning property;

(B)

in the case of sub-paragraph (ii) or (vi) of paragraph (bi) of the Article — a Singapore citizen not owning property;

(C)

in the case of sub-paragraph (iii), (vii) or (viii) of paragraph (bi) of the Article — a Singapore citizen owning one property;

(D)

in the case of sub-paragraph (v) or (xv) of paragraph (bi) of the Article — a Singapore permanent resident owning one property;

(E)

in the case of sub-paragraph (x), (xi) or (xii) of paragraph (bi) of the Article — a Singapore citizen owning 2 or more properties;

(F)

in the case of sub-paragraph (xvi) of paragraph (bi) of the Article — a Singapore permanent resident owning 2 or more properties;

(G)

in the case of sub-paragraph (xvii) of paragraph (bi) of the Article — a housing developer, or a trustee for a housing developer;

(H)

in the case of sub-paragraph (xviii) of paragraph (bi) of the Article — a foreigner; and

(I)

in the case of sub-paragraph (xix) of paragraph (bi) of the Article — an entity other than a housing developer, or a trustee other than a trustee for a housing developer; or

(ii)

sub-paragraph (ix) or (xiii) of paragraph (bi) of the Article applies to the instrument by virtue of the fact that —

(A)

in the case of sub-paragraph (ix) of paragraph (bi) of the Article — any of the other persons is a Singapore citizen owning one property and another is a Singapore permanent resident not owning property; and

(B)

in the case of sub-paragraph (xiii) of paragraph (bi) of the Article — any of the other persons is a Singapore citizen owning 2 or more properties and another is a Singapore permanent resident not owning property.

Subregulation 2

For the avoidance of doubt, rule 3 does not apply if the property purchased, conveyed, transferred or assigned is to be held as partnership property.

Subregulation 3

Amended byS 371/2022 wef 09/05/2022

Rule 3 does not apply in relation to an instrument (being one executed on or after 9 May 2022) if the relevant individual or (if there is more than one relevant individual) one or more of them, is or are to hold the estate or interest (or part thereof) in the property purchased, conveyed, transferred or assigned under the instrument on trust.

Regulation 5

Rules subject to other Rules

In a case where only a part of the full amount of ABSD chargeable on an instrument is remitted under rule 3, but the full amount of ABSD chargeable on the instrument is remitted by an application of a provision of any other Rules made under section 74 of the Act, then the provision of those other Rules shall apply notwithstanding anything in these Rules.

Regulation 6

ABSD amount remitted in addition to ABSD amount remitted under certain other Rules

Amended byS 454/2018 wef 06/07/2018S 945/2021 wef 16/12/2021S 245/2023 wef 27/04/2023

The amount of ABSD remitted on an instrument under rule 3 is in addition to any amount of ABSD remitted on the same instrument under the Stamp Duties (Instruments on or before 5 July 2018) (Remission) Rules 2018, the Stamp Duties (Instruments on or before 15 December 2021) (Remission) Rules 2021 or the Stamp Duties (Instruments on or before 26 April 2023) (Remission) Rules 2023, whichever is applicable.

Common questions

What is Stamp Duties (Transfer of Interest in Property which Buyer has Interest) (Remission of ABSD) Rules 2013?: Stamp Duties (Transfer of Interest in Property which Buyer has Interest) (Remission of ABSD) Rules 2013 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation SDA-S216-2013 1929, currently marked in force and first recorded in 1929.
Is Stamp Duties (Transfer of Interest in Property which Buyer has Interest) (Remission of ABSD) Rules 2013 still in force?: Yes — Stamp Duties (Transfer of Interest in Property which Buyer has Interest) (Remission of ABSD) Rules 2013 is currently in force.
When did Stamp Duties (Transfer of Interest in Property which Buyer has Interest) (Remission of ABSD) Rules 2013 take effect?: Stamp Duties (Transfer of Interest in Property which Buyer has Interest) (Remission of ABSD) Rules 2013 was first recorded in 1929.
How many regulations does Stamp Duties (Transfer of Interest in Property which Buyer has Interest) (Remission of ABSD) Rules 2013 have?: Stamp Duties (Transfer of Interest in Property which Buyer has Interest) (Remission of ABSD) Rules 2013 contains 6 regulations.
Where can I read the official version of Stamp Duties (Transfer of Interest in Property which Buyer has Interest) (Remission of ABSD) Rules 2013?: The official text of Stamp Duties (Transfer of Interest in Property which Buyer has Interest) (Remission of ABSD) Rules 2013 is published at sso.agc.gov.sg.