Singapore legislation
Regulation 45
Regulation 45
Major exporter scheme
Subregulation 1
A taxable person who is eligible under paragraph (2) may make an application to the Comptroller for goods outside Singapore which —
enter Singapore under customs control; and
are removed from customs control into the customs territory by the taxable person (and accordingly imported by the taxable person) in the course or furtherance of any business carried on by him,not being goods which are subject to a duty (whether customs duty or excise duty or both), to be so removed without payment of the tax chargeable on the importation.
Subregulation 1A
The reference in paragraph (1) to goods that are imported by the taxable person in the course or furtherance of any business carried on by him shall include goods which are consigned to the taxable person as recipient in order for the taxable person to make supplies (other than supplies referred to in section 22 of the Act) using or in relation to those goods, if the conditions referred to in regulation 42A(1)(a), (b) and (c) are satisfied, with —
the reference to the owner in that regulation read as a reference to the person who consigned the goods to the taxable person; and
the reference to the importer in that regulation read as a reference to the taxable person.
Subregulation 1B
The reference in paragraph (1) to goods that are imported by a taxable person in the course or furtherance of any business carried on by the taxable person includes goods in respect of which that taxable person would be entitled to claim the tax paid or payable on the importation of the goods as input tax under regulation 42B.
Subregulation 2
A taxable person is eligible to make an application under paragraph (1) if he satisfies the Comptroller that —
the amount or proportion of goods exported or to be exported by him or the value of supplies of international services made or to be made by him within the meaning of section 21(3) of the Act satisfies such requirement as the Comptroller may determine;
his accounting and internal control systems are able to meet such accounting and auditing standards as the Comptroller may require;
he has faithfully observed and complied with all duties and obligations relating to his liability to pay customs and excise duties, income tax, property tax and goods and services tax; and
he is able to comply with such other conditions as the Comptroller may impose for the protection of the revenue.
Subregulation 2A
A taxable person shall not provide the Comptroller with any false, misleading or inaccurate declaration or information in his application under paragraph (1).
Subregulation 3
The Comptroller may, on an application made under paragraph (1), approve the application on such conditions as he may in his discretion impose and may require the applicant to furnish security in such form and amount and to make arrangements for the payment of tax as he may determine.
Subregulation 3A
The applicant shall comply with all conditions imposed by the Comptroller under paragraph (3).
Subregulation 4
The Comptroller may, at any time, by notice in writing vary or revoke any approval granted under this regulation if he is satisfied that the taxable person —
has failed to comply with any condition or requirement imposed by the Comptroller under paragraph (3);
has at any time ceased to satisfy any of the requirements for eligibility under paragraph (2); or
has provided any false, misleading or inaccurate declaration or information in his application under paragraph (1).
Subregulation 4A
A taxable person to whom approval has been granted under this regulation shall not use the approval, and shall take all steps to ensure that no other person uses the approval (whether on behalf of the taxable person or otherwise), except for the purposes for which the approval was granted.
Subregulation 5
A taxable person to whom approval has been granted under this regulation shall immediately notify the Comptroller of any change in particulars furnished, the security given or the arrangements for the payment of tax.
Subregulation 6
Subject to paragraph (4), an approval granted under paragraph (3) shall have effect for a period of 3 years beginning on the date on which the approval is to take effect and the Comptroller may, in his discretion, extend the period to which the approval relates.
Subregulation 7
Unless the Comptroller otherwise allows or directs, notwithstanding that no tax is payable, a taxable person to whom approval has been granted under this regulation in relation to paragraph (1) shall account for the tax chargeable on his importation of goods.
Subregulation 8
Where the taxable person approved by the Comptroller —
fails to comply with any condition or requirement imposed by the Comptroller under paragraph (3); or
in relation to the goods referred to in paragraph (1B), fails to satisfy any condition specified in regulation 42B(2)(a) to (e) and (g),the taxable person must, unless otherwise allowed by the Comptroller —
pay to the Comptroller without demand the amount of tax chargeable on the importation to which the failure to comply relates; and
include the amount of tax referred to in sub‑paragraph (i) as output tax in his return.