Property Tax (Commercial Property) (Remission) Order 2003

No. S 250

Property Tax Act

(Chapter 254)

Property Tax (Commercial Property) (Remission) Order 2003

In exercise of the powers conferred by section 6(5B) of the Property Tax Act, the Minister for Finance hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the Property Tax (Commercial Property) (Remission) Order 2003 and shall be deemed to have come into operation on 1st May 2003.

Definitions

2. In this Order —

“commercial property” means —

(a)

the premises specified in the First Schedule; and

(b)

any premises used as —

(i)	a shop;
(ii)	an office;
(iii)	a commercial school;
(iv)	a restaurant;
(v)	a nightclub, bar or pub;
(vi)	a cinema or theatre;
(vii)	a child care centre;
(viii)	an amusement centre;
(ix)	a health centre;
(x)	a sports and recreation building; or
(xii)	a convention or an exhibition centre,

but does not include any premises used —

(A)	as a business or science park, a petrol station, a serviced apartment or a warehouse; or
(B)	for any industrial purposes;

[S 338/2003 wef 01/05/2003]

Application of Order

3.—(1) This Order shall apply to —

(a)	any commercial property; and
(b)	any hotel room in any hotel. [S 441/2003 wef 01/05/2003]

(2) Where any question arises as to whether any premises are premises referred to in sub-paragraph (1), it shall be determined by the Comptroller whose decision shall be final.

Remission of tax and payments in lieu of tax

4.—(1) Subject to paragraph 6, there shall be a remission of —

(a)

in the case of any premises referred to in paragraph 3(1) owned and let by a statutory board specified in the Second Schedule, 10% of any payment made in lieu of tax under section 6(7) of the Act; and

(b)

in the case of any other premises referred to in paragraph 3(1), the aggregate of —

(i)

the first $2,000 of the tax payable on the annual value attributable to the premises; and

(ii)

in respect of the amount of tax payable which exceeds $2,000 on the annual value attributable to the premises —

(A)	10% of that amount for premises referred to in paragraph 3(1)(a); and
(B)	30% of that amount for premises referred to in paragraph 3(1)(b).

(2) Where there is any material change of use of the premises at any time in the year 2003, the Comptroller may reduce the amount of tax remitted under sub-paragraph (1) as he thinks is proper and reasonable, and the owner shall be liable to repay any tax remitted in excess of this reduced amount.

(3) The amount of tax that the owner is liable to repay under sub-paragraph (2) shall be payable and recoverable in the same manner in which taxes are payable and recoverable under the Act.

(4) In this paragraph, “tax payable” means the tax that is computed to be payable for the year 2003 after taking into account the Property Tax (Non-Residential Buildings) (Remission) Order 2002 (G.N. No. S 683/2002) and the Property Tax (Non-Residential Buildings) (Remission) Order 2003 (G.N. No. S 120/2003).

Refund of tax paid

5. No refund of any tax arising out of the remission granted under paragraph 4 shall be made to any person who is not, on or after 1st May 2003, an owner of the premises in respect of which the remission is granted.

Exceptions

6. This Order shall not apply to —

(a)	any premises owned and occupied by any statutory board for which payment in lieu of tax is made under section 6(7) of the Act;
(b)	any premises owned and let by any statutory board, other than a statutory board specified in the Second Schedule, for which payment in lieu of tax is made under section 6(7) of the Act; or
(c)	any building or part thereof situated or being erected on any land where the annual value of that property has been assessed as if it were vacant land under section 2(3)(b) of the Act.

Made this 7th day of May 2003.

LIM SIONG GUAN

Permanent Secretary,
Ministry of Finance,
Singapore.

[MF(R)R42.1.001 Vol. 10; AG/LEG/SL/254/2002/1 Vol. 1]

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