Stamp Duties (Housing Developers) (Remission of ABSD) Rules 2013

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

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

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

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 —

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

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

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.

if the qualifying developer is not a licensed housing developer, he is granted the licence within 2 years starting from the date of execution of the instrument;

the licence which the qualifying developer holds or (if he is not a licensed housing developer) which he is subsequently granted authorises him to undertake housing development on the residential property in respect of which the instrument is executed;

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

the qualifying developer completes the housing development, and sells all the units of housing accommodation that are the subject of the development within 5 years starting from the date of execution of the instrument; (e)the qualifying developer provides to the Commissioner, within 2 years starting from the date of execution of the instrument or by such earlier or later date as the Commissioner may require or permit in any particular case —

a copy of the qualifying developer’s licence;

a copy of the approval of the Controller of Residential Property referred to in section 31 of the Residential Property Act 1976 (if applicable) in respect of the housing development; and

such other documents as the Commissioner may require to satisfy himself that the conditions under sub-paragraphs (a), (b) and (c) have been complied with;

the qualifying developer provides to the Commissioner, within 5 years starting from the date of execution of the instrument or by such earlier or later date as the Commissioner may require or permit in any particular case, a copy of the Temporary Occupation Permit or Certificate of Statutory Completion in respect of the units of housing accommodation, and such other documents as the Commissioner may require to satisfy himself that the condition under sub-paragraph (d) has been complied with;

the qualifying 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 (f).

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

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

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

without regard to this paragraph, the last date by which the qualifying developer must comply with paragraph (2)(d) is on or after 1 February 2020,then —

the reference to 5 years in paragraph (2)(d) is replaced with the following:

in relation to the completion of the housing development — 6 years and 6 months;

in relation to the sale of all the units of housing accommodation that are the subject of the housing development — 5 years and 6 months; and

the reference to 5 years in paragraph (2)(f) is replaced with a reference to 6 years and 6 months.

the reference to 2 years in paragraph (2)(c) and (e) is each replaced with a reference to 2 years and 6 months; and

the reference to 5 years in paragraph (2)(d) (in relation to the completion of the housing development) and (f) is each replaced with a reference to 5 years and 6 months.

the trustee ensures that the qualifying developer complies with paragraph (2)(a) to (g);

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).

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

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

if duty is remitted under rule 4 on a contract or agreement for the sale of the residential property to the company which made the conveyance direction, the date of the execution of that contract or agreement; or

if duty is not remitted under rule 4 on such contract or agreement, the date of the execution of the conveyance direction;

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

if duty is remitted under rule 4 on a contract or agreement for the sale of the residential property to the company which made the conveyance direction, the date of the execution of that contract or agreement; or

if duty is not remitted under rule 4 on such contract or agreement, the date of the execution of the conveyance direction;

in the case of an instrument for the conveyance to a qualifying developer or a trustee for a qualifying developer of residential property that is the subject of a State lease for a definite term —

comprising an extension of the term of the leasehold estate in the State lease of which the same qualifying developer or trustee (as the case may be) is lessee, but not an extension in pursuance of an option contained in the State lease; and

executed before the expiry of that term,where duty is remitted under this rule or rule 4 on the State lease, the date of execution of the State lease.

the conveyance direction for the conveyance or transfer of the property to the subsidiary is made not more than 2 months starting from the date of the execution of the contract or agreement;

no consideration passes between the first‑mentioned company and the subsidiary for the conveyance or transfer;

at all times between the date of the execution of the contract or agreement and the date of issue of the Temporary Occupation Permit or Certificate of Statutory Completion for all units of housing accommodation that are the subject of the housing development (both dates inclusive), the first‑mentioned company —

has beneficial interest in more than 50% of the shares in the subsidiary; and

holds more than 50% of the votes attached to the voting shares in the subsidiary.

a residential property (called in this rule the subject property) is the subject of a transfer instrument (called in this rule the subject instrument) that is executed on or after 6 February 2023;

at the time of execution of the subject instrument, the qualifying developer is the beneficial owner of one or more residential properties (called in this rule the initial property or properties);

either a written permission has been granted under the Planning Act 1998 for a single housing development to be undertaken on the subject property and the initial property or properties, or the qualifying developer intends to apply for such written permission; and

the housing development is or will be undertaken by the qualifying developer.

if the instrument is executed between 6 February 2023 and 26 April 2023 (both dates inclusive) — the full amount;

if the instrument is executed on or after 27 April 2023 — an amount equal to 35% of the 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) for the subject property.

if the qualifying developer is not a licensed housing developer, it is granted the licence within 2 years starting from the date of execution of the subject instrument;

the licence which the qualifying developer holds or (if it is not a licensed housing developer) which it is subsequently granted authorises it to undertake the housing development;

the qualifying developer commences the housing development within X period starting from the date of execution of the subject instrument;

the qualifying developer completes the housing development, and sells the applicable number of units of housing accommodation in paragraph (12) that are the subject of the development, within Y period starting from the date of execution of the subject instrument;

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

a copy of the qualifying developer’s licence;

a copy of the approval of the Controller of Residential Property mentioned in section 31 of the Residential Property Act 1976 (if applicable) in respect of the housing development; (iii)a copy of the written permission mentioned in paragraph (1)(c); and

such other documents as the Commissioner may require to satisfy himself that the conditions under sub-paragraphs (a), (b) and (c) have been complied with;

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

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

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

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

the trustee ensures that the qualifying developer complies with paragraph (3)(a) to (g);

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).

if ABSD is remitted under this rule or rule 3 on the transfer instrument for the initial property or (if there is more than one initial property) for only one of the initial properties, the date of execution of the subject instrument is —

the date of execution of that transfer instrument; or (ii)if another date is treated under this rule or rule 3 as the date of execution of that transfer instrument for the purposes of the remission, that other date; (b)if there is more than one initial property and ABSD is remitted under this rule or rule 3 on the transfer instruments of 2 or more of those initial properties, the date of execution of the subject instrument is the date of execution or (if another date is treated under this rule or rule 3 as its date of execution for the purposes of the remission) the date treated as such, of the transfer instrument on which ABSD is so remitted that is the earlier or earliest date; (c)if ABSD is not remitted under this rule or rule 3 on the transfer instrument or any of those transfer instruments, the date of execution of the subject instrument is —

if the subject instrument is a conveyance, assignment or transfer which is preceded by a contract or agreement for the sale of the residential property to the qualifying developer, the date of execution of the contract or agreement; (ii)if the subject instrument is a conveyance, assignment or transfer which is preceded by a conveyance direction directing the conveyance or transfer of the subject property to the qualifying developer, or if the subject instrument is a conveyance direction —

if duty is remitted under rule 4 on a contract or agreement for the sale of the subject property to the company which made the conveyance direction — the date of execution of that contract or agreement; or

if duty is not remitted under rule 4 on such contract or agreement — the date of execution of the conveyance direction;

if the subject instrument is for the conveyance of the subject property that is the subject of a State lease for a definite term —

comprising an extension of the term of the leasehold estate in the State lease of which the same qualifying developer is lessee, but not an extension in pursuance of an option contained in the State lease; and

executed before the expiry of that term,and where duty is remitted under rule 3 or 4 on the State lease — the date of execution of the State lease; or

in any other case, the date of execution of the subject instrument.

a reference to the subject instrument is to a transfer instrument mentioned in paragraph (4); and

a reference to the qualifying developer is to the trustee,and paragraphs (9) to (12) apply accordingly.

in a case where the date of execution of the transfer instrument for the initial property or an initial property (as the case may be) is treated under paragraph (7) as the date of execution of the subject instrument, and that transfer instrument is an instrument mentioned in rule 3(2A) — 3 years and 6 months;

in a case where the date of execution of the transfer instrument for the initial property or an initial property (as the case may be) is treated under paragraph (7) as the date of execution of the subject instrument, and that transfer instrument is an instrument mentioned in rule 3(2C) — 2 years and 6 months; and

in any other case — 2 years.

in a case where the date of execution of the transfer instrument for the initial property or an initial property (as the case may be) is treated under paragraph (7) as the date of execution of the subject instrument, and that transfer instrument is an instrument mentioned in rule 3(2B) —

in relation to the completion of the housing development — 6 years and 6 months; and

in relation to the sale of the applicable number of units of housing accommodation that are the subject of the housing development — 5 years and 6 months; (b)in a case where the date of execution of the transfer instrument for the initial property or an initial property (as the case may be) is treated under paragraph (7) as the date of execution of the subject instrument, and that transfer instrument is an instrument mentioned in rule 3(2C) —

in relation to the completion of the housing development — 5 years and 6 months; and

in relation to the sale of the applicable number of units of housing accommodation that are the subject of the housing development — 5 years; and

in any other case — 5 years.

in a case where the date of execution of the transfer instrument for the initial property or an initial property (as the case may be) is treated under paragraph (7) as the date of execution of the subject instrument, and that transfer instrument is an instrument mentioned in rule 3(2B) — 6 years and 6 months;

in a case where the date of execution of the transfer instrument for the initial property or an initial property (as the case may be) is treated under paragraph (7) as the date of execution of the subject instrument, and that transfer instrument is an instrument mentioned in rule 3(2C) — 5 years and 6 months; and

in any other case — 5 years.

A is the land area without buildings of the subject property;

B is the total land area without buildings of —

the initial property if the transfer instrument of the initial property is chargeable with ABSD that is remitted under this rule or rule 3; or

if there is more than one initial property, each initial property the transfer instrument of which is chargeable with ABSD that is remitted under this rule or rule 3;

C is the total land area without buildings of any other residential property or properties which the qualifying developer becomes the beneficial owner of, or which a trustee holds on trust for the qualifying developer, after the execution of the subject instrument, and on which the qualifying developer undertakes the same housing development as that undertaken on both the subject property and the initial property or properties, and the transfer instrument or instruments of which is or are chargeable with ABSD that is remitted under this rule;

D is the total land area without buildings of —

the subject property; (ii)the initial property or properties, as the case may be; and (iii)any other residential property or properties which the qualifying developer becomes the beneficial owner of, or which a trustee holds on trust for the qualifying developer, after the execution of the subject instrument, and on which the qualifying developer undertakes the same housing development as that undertaken on both the subject property and the initial property or properties; and

E is the total number of units of housing accommodation that are the subject of the housing development.

an amount of ABSD chargeable on an instrument executed on or after 6 July 2018 was remitted under rule 3;

rule 3(1) of the Stamp Duties (Instruments on or before 5 July 2018) (Remission) Rules 2018 does not apply to the instrument; and

at least 90% but less than 100% of all the units of housing accommodation that are the subject of the development have been sold within 5 years (or its replacement period under rule 3(2B)) starting from the date the instrument is executed or treated as executed under rule 3(3).

A is the percentage (rounded down to the nearest percent) of all the units of housing accommodation of the development sold within the period mentioned in paragraph (1)(c); and

B is 89%.

rule 3(2) (read with rule 3(2A), (2B), (2C) and (3)); or

rule 3(2D) (read with rule 3(2E), (2F) and (3)),as the case may be, except that the condition in rule 3(2)(d) that the qualifying developer sells all the units of housing accommodation that are the subject of the development within 5 years (or its replacement period under rule 3(2B)) starting from the date the instrument is executed or treated as executed under rule 3(3) (including any requirement to ensure compliance with that condition) is to be disregarded.

an amount of ABSD chargeable on an instrument was remitted under rule 5;

the date reckoned as the date of execution of the instrument under rule 5(7) is on or after 6 July 2018;

rule 3(1) of the Stamp Duties (Instruments on or before 5 July 2018) (Remission) Rules 2018 does not apply to the instrument or a transfer instrument (as defined in rule 5(13)) of any of the initial properties (as defined in rule 5(1)(b)); and

at least 90% but less than 100% of the applicable number of units of housing accommodation (as determined by rule 5(12)) that are the subject of the development have been sold within Y period (as defined in rule 5(10)) starting from the date reckoned as the date of execution of the instrument under rule 5(7).

A is the percentage (rounded down to the nearest percent) of the applicable number of units of housing accommodation (as determined by rule 5(12)) that are the subject of the development that have been sold within the period mentioned in paragraph (1)(d); and

B is 89%.

rule 5(3) (read with rule 5(7), (8), (9), (10) and (11)); or

rule 5(4) (read with rule 5(5), (6) and (8)),as the case may be, except that the condition in rule 5(3)(d) that the qualifying developer sells the applicable number of units of housing accommodation (as determined by rule 5(12)) that are the subject of the development within Y period (as defined in rule 5(10)) starting from the date reckoned as the date of execution of the instrument under rule 5(7) (including any requirement to ensure compliance with that condition) is to be disregarded.