Singapore legislation

Regulation 105A

of Goods and Services Tax (General) Regulations

Regulation 105A

Zero-rating of supply of goods to be hand-carried for export

Amended byS 620/2022 wef 31/12/2021S 32/2009 wef 01/04/2009

Subregulation 1

This regulation applies to a supply of goods by a taxable person which are to be exported by being hand-carried by an individual (referred to in this regulation as the carrier) on an aircraft departing from the Changi International Airport.

Subregulation 2

The supply of goods shall be zero-rated if —

(a)

the Comptroller is satisfied that all the conditions under paragraph (3) have been met; or

(b)

the Comptroller —

(i)

has, on an application under paragraph (4), waived compliance with any condition under paragraph (3), and the taxable person has satisfied all requirements imposed under paragraph (4) in respect of such waiver; and

(ii)

is satisfied that all other conditions under paragraph (3) have been satisfied.

Subregulation 3

The conditions referred to in paragraph (2)(a) are —

(a)

the goods are to be supplied to a person who has a business establishment or his usual place of residence outside Singapore;

(b)

the carrier is an individual of 16 years of age or above;

(c)

before the goods are hand-carried on an aircraft, the carrier has submitted the export permit for the export of the goods to a proper officer of customs at the Changi International Airport for his endorsement, together with the goods and supporting invoices or receipts to the proper officer of customs for his inspection;

(d)

the carrier has furnished such information and documents as the proper officer of customs may require for the purpose of ascertaining whether the carrier will depart from Singapore in accordance with sub-paragraph (e);

(e)

the carrier has departed from Singapore, with the goods on board the aircraft, within 12 hours from the time of endorsement of the export permit by the proper officer of customs;

(f)

the goods have not been brought out of the premises of the Changi International Airport Departure Check-in Hall after the export permit has been endorsed by the proper officer of customs except in the circumstances referred to in paragraph (6); and

(g)

the taxable person has produced to the Comptroller, at his request, the export permit and such evidence of export as the Comptroller may reasonably require.

Subregulation 4

The taxable person may make an application to the Comptroller for waiver of compliance with any condition under paragraph (3), and the Comptroller may waive such compliance subject to such requirements for the protection of revenue as he may consider necessary to impose.

Subregulation 5

No person shall —

(a)

being a carrier, transfer any goods to any other person in Singapore after the export permit in respect of such goods has been endorsed by the proper officer of customs at the Changi International Airport;

(b)

receive any goods from the carrier in Singapore after the export permit in respect of such goods has been endorsed by the proper officer of customs at the Changi International Airport; or

(c)

bring any goods out of the premises of the Changi International Airport Departure Check-in Hall after the export permit in respect of such goods has been endorsed by the proper officer of customs.

Subregulation 6

Paragraph (5) shall not apply —

(a)

to the transfer of the goods to, or the receipt of the goods or the bringing of the goods out of the Changi International Airport Departure Check-in Hall by, a ticketing or luggage officer or other employee, who is authorised by the Civil Aviation Authority of Singapore or the airline or air terminal operator concerned to receive the goods for checking in or to handle the goods for loading into the aircraft; or

(b)

to the carrier bringing the goods out of the premises referred to in sub-paragraph (a) for the purpose of boarding the departing aircraft.

Subregulation 7

Amended byS 620/2022 wef 31/12/2021S 32/2009 wef 01/04/2009

In this regulation —

Definition

“export permit” means an export permit granted under the Regulation of Imports and Exports Regulations (Rg 1);

Amended byS 620/2022 wef 31/12/2021

Definition

“hand-carry”, in relation to any goods, means to carry the goods on board an aircraft either personally or by checking them in for the purpose of loading them on the aircraft;

Definition

“proper officer of customs” has the same meaning as in regulation 47.

Amended byS 32/2009 wef 01/04/2009