Stamp Duties (Instruments on or before 26 April 2023) (Remission) Rules 2023

No. S 244

Stamp Duties Act 1929

Stamp Duties
(Instruments on or before 26 April 2023)
(Remission) Rules 2023

In exercise of the powers conferred by section 74 of the Stamp Duties Act 1929, the Minister for Finance makes the following Regulations:

Citation and commencement

1.  These Regulations are the Stamp Duties (Instruments on or before 26 April 2023) (Remission) Rules 2023 and come into operation on 27 April 2023.

Definition

2.  In these Rules, “additional buyer’s stamp duty” means the duty under paragraph (bi) of Article 3 of the First Schedule to the Act.

Remission of duty for option granted on or before 26 April 2023 and subsequent conveyance

3.—(1)  The prescribed amount of additional buyer’s stamp duty chargeable on any of the following instruments is remitted:

(a) any contract or agreement for the sale of residential property to a purchaser that is executed on or after 27 April 2023 and is conditional on the exercise of an antecedent option;

(b) any conveyance or transfer of that property to the purchaser that is executed on or after 27 April 2023.

(2)  For the purposes of paragraph (1) —

(a) the prescribed amount of additional buyer’s stamp duty chargeable on an instrument is the difference between —

(i) the amount of additional buyer’s stamp duty chargeable on that instrument; and

(ii) the amount of stamp duty under paragraph (bh) of Article 3 of the First Schedule to the Act that would have been chargeable on that instrument if that Schedule had not been amended by the Stamp Duties Act 1929 (Amendment of First Schedule) (No. 2) Notification 2023 (G.N. No. S 243/2023); and

(b) an antecedent option is an option that —

(i) is granted on or before 26 April 2023;

(ii) is exercised on or before the earlier of the following:

(A) 17 May 2023;

(B) the date of expiry of the validity period of the option; and

(iii) has not been varied at any time on or after 27 April 2023.

(3)  In paragraph (2)(b)(ii)(B), the date of expiry of the validity period of the option includes any extension of the period if the extension is granted on or before 26 April 2023, but not otherwise.

(4)  To avoid doubt, there is no remission of additional buyer’s stamp duty on any instrument mentioned in paragraph (1) if the amount in relation to that instrument under paragraph (2)(a)(ii) is the same as or more than the amount under paragraph (2)(a)(i).

(5)  The amount of additional buyer’s stamp duty remitted on an instrument under these Rules is in addition to any amount of that duty remitted on the same instrument under the Stamp Duties (Transfer of Interest in Property which Buyer has Interest) (Remission of ABSD) Rules 2013 (G.N. No. S 216/2013).

Made on 25 April 2023.

LAI WEI LIN

Second Permanent Secretary,
Ministry of Finance,
Singapore.

[R54.1.2. V9; AG/LEGIS/SL/312/2020/19 Vol. 1]