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Amendments are not highlighted in legislation amended before 2012. We are working on it.
Formal Consolidation |  1995 RevEd
Value of imported goods other than motor spirit
22.—(1)  For the purposes of this Act, the value of any imported goods other than motor spirit shall be taken to be the normal price, that is to say, the price which they would fetch at the time when the duty becomes payable on a sale in the open market between the buyer and the seller independent of each other.
(2)  The normal price of any imported goods shall be determined on the following assumptions:
(a)that the goods are treated as having been delivered to the buyer at the place of importation; and
(b)that the seller will bear the freight, insurance, commission and all other costs, charges and expenses incidental to the sale and the delivery of the goods at that place; but
(c)that the buyer will bear any duty or tax chargeable in Singapore.
(3)  A sale in the open market between the buyer and the seller independent of each other presupposes —
(a)that price is the sole consideration;
(b)that the price made is not influenced by any commercial, financial or other relationship, whether by contract or otherwise, between the seller or any person associated in business with him and the buyer or any person associated in business with him other than the relationship created by the sale of the goods in question; and
(c)that no part of the proceeds of the subsequent resale, use or disposal of the goods will accrue, directly or indirectly, to the seller or any person associated in business with him.
(4)  Where the goods to be valued —
(a)are manufactured in accordance with any patented invention or are goods to which any registered design has been applied; or
(b)are imported under a foreign trade mark or trade name, or are imported for sale (whether or not after further manufacture) under a foreign trade mark or trade name,
the price shall be determined on the assumption that the price covers the right to use the patent, design, trade mark or trade name in respect of the goods.
(5)  For the purposes of subsection (4), “foreign trade mark” means a trade mark used for the purpose of indicating that goods in relation to which it is used are those of —
(a)a person by whom the goods to be valued have been grown, produced, manufactured, selected, offered for sale or otherwise dealt with outside Singapore;
(b)a person associated in business with any such person as is referred to in paragraph (a); or
(c)a person to whom any such person as is mentioned in paragraph (a) or (b) has assigned the goodwill of the business in connection with which the trade mark is used.
(6)  Two persons shall be deemed to be associated in business with one another if, directly or indirectly, either of them has any interest in any business or property of the other, or both have a common interest in any business or property, or some third person has an interest in the business or property of both of them.
(7)  In the case of goods imported under a contract of sale and about to be removed from customs control for use in Singapore, duty shall be deemed to have been paid on their value, if, before the goods are delivered from a Government warehouse, licensed factory warehouse or licensed warehouse for home use, duty is tendered, accepted and paid on a declared value based on the contract price.
(8)  For the purpose of subsection (7) —
(a)the declared value of any goods shall be their value as declared by or on behalf of the importer in making the goods available for home use;
(b)that value shall be deemed to be based on the contract price if, but only if, it represents the price properly adjusted to take account of circumstances differentiating the contract from such a contract of sale as is contemplated by subsections (1) to (6); and
(c)the rate of exchange to be used for determining the equivalent in Singapore currency of any foreign currency shall be the current selling rate in Singapore at the time when customs duty is paid.
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Informal Consolidation | Amended Act 11 of 1997
Value of imported goods other than motor spirit
22.—(1)  For the purposes of levying excise duty under this Act, the value of any imported goods other than motor spirit shall be taken to be the normal price, that is to say, the price which they would fetch at the time when the duty becomes payable on a sale in the open market between the buyer and the seller independent of each other.
(2)  The normal price of any imported goods shall be determined on the following assumptions:
(a)that the goods are treated as having been delivered to the buyer at the place of importation; and
(b)that the seller will bear the freight, insurance, commission and all other costs, charges and expenses incidental to the sale and the delivery of the goods at that place; but
(c)that the buyer will bear any duty or tax chargeable in Singapore.
(3)  A sale in the open market between the buyer and the seller independent of each other presupposes —
(a)that price is the sole consideration;
(b)that the price made is not influenced by any commercial, financial or other relationship, whether by contract or otherwise, between the seller or any person associated in business with him and the buyer or any person associated in business with him other than the relationship created by the sale of the goods in question; and
(c)that no part of the proceeds of the subsequent resale, use or disposal of the goods will accrue, directly or indirectly, to the seller or any person associated in business with him.
(4)  Where the goods to be valued —
(a)are manufactured in accordance with any patented invention or are goods to which any registered design has been applied; or
(b)are imported under a foreign trade mark or trade name, or are imported for sale (whether or not after further manufacture) under a foreign trade mark or trade name,
the price shall be determined on the assumption that the price covers the right to use the patent, design, trade mark or trade name in respect of the goods.
(5)  For the purposes of subsection (4), “foreign trade mark” means a trade mark used for the purpose of indicating that goods in relation to which it is used are those of —
(a)a person by whom the goods to be valued have been grown, produced, manufactured, selected, offered for sale or otherwise dealt with outside Singapore;
(b)a person associated in business with any such person as is referred to in paragraph (a); or
(c)a person to whom any such person as is mentioned in paragraph (a) or (b) has assigned the goodwill of the business in connection with which the trade mark is used.
(6)  Two persons shall be deemed to be associated in business with one another if, directly or indirectly, either of them has any interest in any business or property of the other, or both have a common interest in any business or property, or some third person has an interest in the business or property of both of them.
(7)  In the case of goods imported under a contract of sale and about to be removed from customs control for use in Singapore, excise duty shall be deemed to have been paid on their value, if, before the goods are delivered from a Government warehouse, licensed factory warehouse or licensed warehouse for home use, excise duty is tendered, accepted and paid on a declared value based on the contract price.
(8)  For the purpose of subsection (7) —
(a)the declared value of any goods shall be their value as declared by or on behalf of the importer in making the goods available for home use;
(b)that value shall be deemed to be based on the contract price if, but only if, it represents the price properly adjusted to take account of circumstances differentiating the contract from such a contract of sale as is contemplated by subsections (1) to (6); and
(c)the rate of exchange to be used for determining the equivalent in Singapore currency of any foreign currency shall be the current selling rate in Singapore at the time when excise duty is paid.
[24/81]