Singapore legislation
Regulation 39
Regulation 39
Adjustment of input tax incurred
Subregulation 1
This regulation applies where a taxable person has incurred an amount of input tax which has not been attributed to taxable supplies because the taxable person intended to use the goods or services in making either —
exempt supplies; or
both non-specified taxable supplies and exempt supplies,and during the relevant period and before that intention is fulfilled, he uses or forms an intention to use the goods or services concerned —
in making non-specified taxable supplies or both non-specified taxable supplies and exempt supplies, instead of exempt supplies only;
in making non-specified taxable supplies, instead of both non-specified taxable supplies and exempt supplies; or
in continuing to make both non-specified taxable supplies and exempt supplies, but increasing the proportion of non-specified taxable supplies to exempt supplies.
Subregulation 2
Where this regulation applies, the Comptroller shall, on receipt of an application made by the taxable person in such form and manner and containing such particulars as he may direct, pay to him an amount equal to the input tax which has become attributable to taxable supplies in accordance with the method he was required to use when the input tax was first attributed.
Subregulation 3
For the purposes of this regulation, any question as to the nature of any supply shall be determined in accordance with the provisions of the Act and any regulations or orders made thereunder in force at the time when the input tax was first attributed.
Subregulation 4
In this regulation, “relevant period” means —
where the prescribed accounting period during which the attribution of input tax referred to in paragraph (1) was determined ends before 1st January 2007, a period of 6 years commencing on the first day of that prescribed accounting period; or
where the prescribed accounting period during which the attribution of input tax referred to in paragraph (1) was determined ends on or after 1st January 2007, a period of 5 years commencing on the first day of that prescribed accounting period.