Comparison View

Formal Consolidation |  2006 RevEd
Contracts, etc., to be chargeable as conveyances on sale
22.—(1)  Every contract or agreement for the sale of —
(a)  any equitable estate or interest in any property; or
(b)  any estate or interest in any property except property situated outside Singapore or goods, wares or merchandise, or stock or marketable securities, or any ship or vessel, or part interest, share or property of or in any ship or vessel,
shall be charged with the same ad valorem duty, payable by the purchaser, as if it were an actual conveyance on sale of the estate, interest or property contracted or agreed to be sold.
[26/96]
(2)  Where such ad valorem duty has been paid in accordance with subsection (1) and, before having obtained a conveyance or transfer of the property, the purchaser assigns his equitable estate or interest in that property or enters into any contract or agreement for the sale of that property, the assignment, contract or agreement shall be charged with ad valorem duty in respect of the consideration moving from the sub-purchaser of that estate, interest or property as if it were an actual conveyance on sale to the sub-purchaser.
[26/96]
(3)  Where any purchaser or sub-purchaser has paid ad valorem duty upon any assignment, contract or agreement in accordance with subsection (1) or (2), the conveyance or transfer made to the purchaser or sub-purchaser, as the case may be, shall be chargeable with a duty of $10.
[26/96]
(4)  Where a person, having contracted jointly or otherwise for the purchase of any property but not having obtained a conveyance thereof, directs the vendor of the property in writing to convey or transfer the property or any share therein —
(a)to another person; or
(b)where the person contracted for the purchase of the property jointly with another, to the joint purchasers in shares other than as specified in the contract for the purchase of the property,
the direction shall, for the purpose of this Act, be treated as a contract or an agreement for the sale of that property or share therein for a consideration equal to the value of that property or share therein and shall be chargeable with duty as if it were an actual conveyance on sale of that property or share therein.
[26/96]
(5)  Where more than one contract or agreement for sale is executed by a purchaser in respect of the same sale of the same property, only one such contract or agreement for sale of the property shall be chargeable with ad valorem duty under this section and any other contract or agreement for the same sale of the same property shall be chargeable with a duty of $10.
[26/96]
(6)  Subject to subsection (7), the ad valorem duty paid under this section upon any contract or agreement for the sale of property shall, on application, be refunded by the Commissioner where the contract or agreement is later rescinded or annulled on the ground that —
(a)the vendor is unable to prove his title to the property;
(b)a purchaser, being a foreign person, is unable to obtain approval under the Residential Property Act (Cap. 274) to acquire or purchase the property;
(c)the property is acquired or is proposed for acquisition by any public authority pursuant to the provisions of any written law authorising or empowering the public authority to acquire land compulsorily;
(d)the purchase of the property is conditional upon permission by the competent authority to develop or subdivide the property and such permission is refused;
(e)either vendor or purchaser fails to obtain the approval of any public authority to sell or purchase, as the case may be, the property;
(f)the Commissioner of Building Control made an order under section 24 of the Building Control Act (Cap. 29) in respect of the property; or
(g)a Strata Titles Board refused an application for the sale of the property under section 84A, 84D or 84E of the Land Titles (Strata) Act (Cap. 158).
[26/96; 33/99]
(7)  The refund under subsection (6) shall be made if and only if —
(a)the application for refund is made by the person by whom the instrument was solely or first executed within —
(i)6 months after the date of the stamp, or in the case of an executed instrument, after the date of the instrument;
(ii)if the instrument is not dated, 6 months after the execution thereof;
(iii)in the case of a contract or an agreement that is rescinded or annulled on the ground referred to in subsection (6)(g), 2 months after the refusal of a Strata Titles Board; or
(iv)such further time as the Commissioner may deem reasonable when, in unavoidable circumstances, the instrument cannot be produced within that period; and
(b)in the case of an executed instrument, the instrument is given up to be cancelled.
[26/96; 33/99]
(8)  Subject to the provisions of this Act, this section shall apply to instruments made on or after 15th May 1996.
[26/96]
(9)  In this section —
“Commissioner of Building Control” has the same meaning as in the Building Control Act (Cap. 29);
“competent authority” has the same meaning as in the Planning Act (Cap. 232);
“public authority” means the Housing and Development Board constituted by the Housing and Development Act (Cap. 129) or the Jurong Town Corporation constituted under the Jurong Town Corporation Act (Cap. 150);
“Strata Titles Board” means a Strata Titles Board constituted under Part VI of the Land Titles (Strata) Act (Cap. 158).
[33/99]
Informal Consolidation | Amended Act 40 of 2019
Contracts, etc., to be chargeable as conveyances on sale
22.—(1)  Every contract or agreement for the sale of —
(a)any equitable estate or interest in any property; or
(b)any estate or interest in any property except property situated outside Singapore,
[Act 1 of 2013 wef 22/02/2013]
[Act 13 of 2017 wef 11/03/2017]
shall be charged with the same ad valorem duty, payable by the purchaser, as if it were an actual conveyance on sale of the estate, interest or property contracted or agreed to be sold.
[26/96]
(2)  Where such ad valorem duty has been paid in accordance with subsection (1) and, before having obtained a conveyance or transfer of the property, the purchaser assigns his equitable estate or interest in that property or enters into any contract or agreement for the sale of that property, the assignment, contract or agreement shall be charged with ad valorem duty in respect of the consideration moving from the sub-purchaser of that estate, interest or property as if it were an actual conveyance on sale to the sub-purchaser.
[26/96]
(3)  Where any purchaser or sub-purchaser has paid ad valorem duty upon any assignment, contract or agreement in accordance with subsection (1) or (2), the conveyance or transfer made to the purchaser or sub-purchaser, as the case may be, shall, if executed on or after 19th February 2011, be exempt from duty.
[26/96]
[23/2011 wef 19/02/2011]
(4)  Where a person, having contracted jointly or otherwise for the purchase of any property but not having obtained a conveyance thereof, directs the vendor of the property in writing to convey or transfer the property or any share therein —
(a)to another person; or
(b)where the person contracted for the purchase of the property jointly with another, to the joint purchasers in shares other than as specified in the contract for the purchase of the property,
the direction shall, for the purpose of this Act, be treated as a contract or an agreement for the sale of that property or share therein for a consideration equal to the value of that property or share therein and shall be chargeable with duty as if it were an actual conveyance on sale of that property or share therein.
[26/96]
(5)  Where more than one contract or agreement for sale is executed by a purchaser in respect of the same sale of the same property, only one such contract or agreement for sale of the property shall be chargeable with ad valorem duty under this section and any other contract or agreement for the same sale of the same property shall, if executed on or after 19th February 2011, be exempt from duty.
[26/96]
[23/2011 wef 19/02/2011]
(6)  Subject to subsection (7), the ad valorem duty paid under this section upon any contract or agreement for the sale of property shall, on application, be refunded by the Commissioner where the contract or agreement is later rescinded or annulled on the ground that —
(a)the vendor is unable to prove his title to the property;
(b)a purchaser, being a foreign person, is unable to obtain approval under the Residential Property Act (Cap. 274) to acquire or purchase the property;
(c)the property is acquired or is proposed for acquisition by any public authority pursuant to the provisions of any written law authorising or empowering the public authority to acquire land compulsorily;
(d)the purchase of the property is conditional upon permission by the competent authority to develop or subdivide the property and such permission is refused;
(e)either vendor or purchaser fails to obtain the approval of any public authority to sell or purchase, as the case may be, the property;
(f)the Commissioner of Building Control made an order under section 24 of the Building Control Act (Cap. 29) in respect of the property; or
(g)a Strata Titles Board or the General Division of the High Court, as the case may be, refused an application for an order for the sale of the property under section 84A, 84D, 84E or 84FA of the Land Titles (Strata) Act (Cap. 158).
[26/96; 33/99]
[23/2011 wef 01/01/2012]
[13/2010 wef 15/07/2010]
[Act 40 of 2019 wef 02/01/2021]
(7)  The refund under subsection (6) shall be made if and only if —
(a)the application for refund is made by the person who paid or is liable to pay the duty within —
(i)6 months after the date of the stamp, or in the case of an executed instrument, after the date of the instrument;
(ii)if the instrument is not dated, 6 months after the execution thereof;
(iii)in the case of a contract or an agreement that is rescinded or annulled on the ground referred to in subsection (6)(g), 2 months after the refusal of a Strata Titles Board or the General Division of the High Court, as the case may be; or
[23/2011 wef 01/01/2012]
[Act 40 of 2019 wef 02/01/2021]
(iv)such further time as the Commissioner may deem reasonable when, in unavoidable circumstances, the instrument cannot be produced within that period; and
[23/2011 wef 01/01/2012]
(b)in the case of an executed instrument, the instrument is surrendered to the Commissioner, unless the Commissioner dispenses with such surrender in a particular case.
[26/96; 33/99]
[Act 30 of 2014 wef 01/01/2015]
(8)  Subject to the provisions of this Act, this section shall apply to instruments made on or after 15th May 1996.
[26/96]
(9)  In this section —
“Commissioner of Building Control” has the same meaning as in the Building Control Act (Cap. 29);
“competent authority” has the same meaning as in the Planning Act (Cap. 232);
“public authority” means the Housing and Development Board constituted by the Housing and Development Act (Cap. 129) or the Jurong Town Corporation constituted under the Jurong Town Corporation Act (Cap. 150);
“Strata Titles Board” means a Strata Titles Board constituted under the Building Maintenance and Strata Management Act (Cap. 30C).
[33/99]
[13/2010 wef 15/07/2010]