PART I | 1. This Act may be cited as the Goods and Services Tax Act. |
2.—(1) In this Act, unless the context otherwise requires —| “account with the electronic service”, in relation to any person, means a computer account within the electronic service which is assigned by the Comptroller to that person for the storage and retrieval of electronic records relating to that person; |
| “accountant” means a public accountant within the meaning of the Accountants Act (Cap. 2); [Act 33 of 2019 wef 01/01/2020] |
| “advocate and solicitor” means an advocate and solicitor within the meaning of the Legal Profession Act (Cap. 161); [Act 33 of 2019 wef 01/01/2020] |
| “authentication code”, in relation to any person, means an identification or identifying code, a password or any other authentication method or procedure which is assigned to that person for the purposes of identifying and authenticating the access to and use of the electronic service by that person; |
| “authorised person” means any person acting under the authority of the Comptroller; |
“bare trustee” means a trustee who —| (a) | holds any goods, intellectual property rights or licence to use any intellectual property rights, on trust for the business of —| (i) | persons carrying on the business in partnership; or | | (ii) | a person that is a club, an association, a society or an organisation; |
| | (b) | has no interest in the goods, rights or licence other than that by reason of the office and legal title as trustee; and | | (c) | has no duty to perform in relation to the goods, rights or licence, other than to act in accordance with instructions given by the persons or person, as the case may be, for any supply relating to the goods, rights or licence; [Act 31 of 2014 wef 01/01/2015] |
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| “Board” means the Goods and Services Tax Board of Review established under section 50; |
| “Comptroller” means the Comptroller of Goods and Services Tax appointed under section 4 and includes for all purposes of this Act, except the exercise of the powers conferred upon the Comptroller by section 5(2), a Deputy Comptroller or an Assistant Comptroller; |
| “computer” has the same meaning as in the Computer Misuse Act (Cap. 50A); [Act 3 of 2013 wef 13/03/2013] [Act 9 of 2018 wef 31/08/2018] |
| “computer output” has the same meaning as in the Computer Misuse Act (Cap. 50A); [Act 3 of 2013 wef 13/03/2013] [Act 9 of 2018 wef 31/08/2018] |
| “customs duty” means customs duty imposed on goods imported into Singapore under the Customs Act (Cap. 70); |
| “document” has the same meaning as in the Evidence Act (Cap. 97); |
| “electronic record” has the same meaning as in the Electronic Transactions Act (Cap. 88); |
| “electronic service” means the electronic service provided by the Comptroller under section 42(1); |
| “excise duty” has the same meaning as in the Customs Act; |
| “free trade zone” has the same meaning as in the Free Trade Zones Act (Cap. 114); |
| “import” has the same meaning as in the Customs Act; |
| “invoice” includes any document similar to an invoice; |
| “input tax” has the meaning given to it by section 19; |
| “land” has the same meaning as in the Land Titles Act (Cap. 157); |
| “limited partnership” means a limited partnership referred to in section 3 of the Limited Partnerships Act 2008; [Act 37 of 2008 wef 04/05/2009] |
| “money” and “currency” include currencies whether of Singapore or any other country but does not include a collector’s piece, investment article or item of numismatic interest; |
| “open market value”, in relation to a supply of goods or services, has the meaning given to it by section 17(5); [Act 20 of 2010 wef 01/01/2011] |
| “output tax” has the meaning given to it by section 19; |
| “prescribed accounting periods” means such accounting periods as may be prescribed by regulations made under section 19; |
| “quarter” means a period of 3 months ending at the end of March, June, September or December; |
| “registered person” means a person registered under this Act; [Act 52 of 2018 wef 01/01/2019] |
“registered (Seventh Schedule — full) person” means a taxable person who —| (a) | belongs in a country other than Singapore and is registered under this Act by virtue of —| (i) | paragraph 1A of the First Schedule; or | | (ii) | paragraph 8(1)(c) of the First Schedule; and |
| | (b) | is an approved person under section 28A; [Act 52 of 2018 wef 01/01/2019] |
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“registered (Seventh Schedule — pay only) person” means a taxable person who —| (a) | belongs in a country other than Singapore and is registered under this Act by virtue of —| (i) | paragraph 1A of the First Schedule; or | | (ii) | paragraph 8(1)(c) of the First Schedule; and |
| | (b) | is not an approved person under section 28A; [Act 52 of 2018 wef 01/01/2019] |
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| “reverse charge supply” means a supply of services treated as having been made by the recipient of those services under section 14(2); [Act 52 of 2018 wef 01/01/2019] |
| “Seventh Schedule supply” means any supply of services of a type, and made (whether or not in Singapore) in the circumstances, described in the Seventh Schedule; [Act 52 of 2018 wef 01/01/2019] |
| “specially authorised customs officer” means an officer of customs authorised under section 5(3)(b) to exercise the powers mentioned in that provision; [Act 52 of 2018 wef 01/01/2019] |
| “specially authorised officer” means an officer authorised under section 5(3)(a) to exercise the powers mentioned in that provision; [Act 52 of 2018 wef 01/01/2019] |
| “supply” has the meaning given to it by section 10; |
| “tax” means goods and services tax; |
| “tax invoice” means such an invoice as is required under section 41; |
| “taxable person” has the meaning given to it by section 8(2); |
“taxable (Seventh Schedule) person” means a person who —| (a) | is a taxable person by virtue of paragraph 1A of the First Schedule; or | | (b) | is registered under this Act by virtue of paragraph 8(1)(c) of the First Schedule; [Act 52 of 2018 wef 01/01/2019] |
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| “taxable supply” has the meaning given to it by section 8(2A); |
| “unit trust” means any trust established for the purpose, or having the effect, of providing facilities for the participation by persons as beneficiaries under a trust, in profits or income arising from the acquisition, holding, management or disposal of securities or any other property. [25/96; 43/2002; 50/2004] |
| (2) The question whether, in relation to any supply of services, the supplier or the recipient of the supply belongs in one country or another shall be determined in accordance with section 15. [UK VAT Act 1983, s. 48] |
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2A.—(1) Subject to subsections (2) and (3), a reference in this Act to a digital payment token is a reference to a digital representation of value that has all of the following characteristics:| (a) | it is expressed as a unit; | | (b) | it is designed to be fungible; | | (c) | it is not denominated in any currency, and is not pegged by its issuer to any currency; | | (d) | it can be transferred, stored or traded electronically; | | (e) | it is, or is intended to be, a medium of exchange accepted by the public, or a section of the public, without any substantial restrictions on its use as consideration. |
(2) A reference in this Act to a digital payment token does not include any of the following:| (a) | money; | | (b) | anything which, if supplied, would be an exempt supply under Part I of the Fourth Schedule for a reason other than being a supply of one or more digital representations of value having the characteristics mentioned in subsection (1); | | (c) | anything which —| (i) | gives an entitlement to receive, or an entitlement to direct the supply of, goods or services from a specific person or persons; and | | (ii) | ceases to function as a medium of exchange after the entitlement has been used. |
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(3) The Minister may, by order in the Gazette, do any of the following:| (a) | add to the characteristics, or modify or remove any characteristic, in subsection (1) of digital payment tokens for the purposes of this Act, whether generally or for specific circumstances; | | (b) | add to the exclusions, or modify or remove any exclusion, in subsection (2). [Act 33 of 2019 wef 01/01/2020] |
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| Meaning of “business”, etc. |
3.—(1) In this Act, “business” includes any trade, profession or vocation.(2) Without prejudice to the generality of anything else in this Act, the following are deemed to be the carrying on of a business:| (a) | the provision by any club, association, society, management corporation or organisation (for a subscription or other consideration) of the facilities or advantages available to its members or subsidiary proprietors, as the case may be; and | | (b) | the admission, for a consideration, of persons to any premises. |
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| (3) Where a body has objects which are in the public domain and are of a political, religious, philanthropic or patriotic nature, it is not to be treated as carrying on a business only because its members subscribe to it, if a subscription obtains no facility or advantage for the subscriber other than the right to participate in its management or receive reports on its activities. |
| (4) Where a person, in the course or furtherance of a trade, profession or vocation, accepts any office, services supplied by him as the holder of that office are treated as supplied in the course or furtherance of the trade, profession or vocation. |
| (5) Anything done in connection with the termination or intended termination of a business is treated as being done in the course or furtherance of that business. |
| (6) Subject to any order made under section 10(3), the disposition of a business as a going concern, or of its assets or liabilities (whether or not in connection with its re-organisation or winding up), is a supply made in the course or furtherance of that business. |
| (7) In subsection (2), “management corporation” and “subsidiary proprietors” have the same meanings as in the Land Titles (Strata) Act (Cap. 158). [UK VAT Act 1983, s. 47] |
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| Meaning of partnership and partner |
3A. For the purposes of this Act, except as otherwise provided —| (a) | references to partnerships include references to limited partnerships; and | | (b) | references to partners of a partnership include references to partners of a limited partnership. [37/2008 wef 04/05/2009] |
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