Singapore legislation

Regulation 90B

of Goods and Services Tax (General) Regulations

Regulation 90B

Adjustment for reverse charge supply

Amended byS 1003/2021 wef 01/01/2022S 1003/2021 wef 01/01/2022S 895/2018 wef 01/01/2019S 1003/2021 wef 01/01/2022

Subject to these Regulations, a claimant is entitled, on making a claim to the Comptroller, to a refund of the difference between the amount of output tax chargeable, and the amount of input tax claimable by him, on a reverse charge supply by reference to the outstanding consideration, where —

(a)

the claimant has accounted for and paid tax on the reverse charge supply;

(b)

the whole or any part of the consideration has not been paid by the claimant to the supplier for the supply made by the supplier to the claimant, for a period of more than 12 months since the date the reverse charge supply was treated as taking place;

(c)

the value of the reverse charge supply is equal to or less than its open market value;

(d)

the claim is made within a period of 5 years commencing on —

(i)

the day on the reverse charge supply was treated as taking place; or

(ii)

where section 93 or 94 of the Act applies to the reverse charge supply, the transitional (reverse charge) date for the supply,or such longer period as the Comptroller may allow; and

(e)

the Comptroller is satisfied that there is a genuine commercial reason for the failure of the claimant to make payment of the whole or part of the consideration to the supplier for the reverse charge supply.