No. S 32
Goods and Services Tax Act
(Chapter 117A)
Goods and Services Tax (General) (Amendment) Regulations 2009
In exercise of the powers conferred by sections 21(7) and 86(1) of the Goods and Services Tax Act, the Minister for Finance hereby makes the following Regulations:
Citation and commencement
1.  These Regulations may be cited as the Goods and Services Tax (General) (Amendment) Regulations 2009 and shall come into operation on 1st April 2009.
Amendment of regulation 105
2.  The Goods and Services Tax (General) Regulations (Rg 1) (referred to in these Regulations as the principal Regulations) are amended by renumbering regulation 105 as paragraph (1) of that regulation, and by inserting immediately thereafter the following paragraph:
(2)  This regulation does not apply to a supply of goods to which regulation 105A applies.”.
New regulation 105A
3.  The principal Regulations are amended by inserting, immediately after regulation 105, the following regulation:
Zero-rating of supply of goods to be hand-carried for export
105A.—(1)  This regulation applies to a supply of goods by a taxable person which are to be exported by being hand-carried by an individual (referred to in this regulation as the carrier) on an aircraft departing from the Changi International Airport.
(2)  The supply of goods shall be zero-rated if —
(a)the Comptroller is satisfied that all the conditions under paragraph (3) have been met; or
(b)the Comptroller —
(i)has, on an application under paragraph (4), waived compliance with any condition under paragraph (3), and the taxable person has satisfied all requirements imposed under paragraph (4) in respect of such waiver; and
(ii)is satisfied that all other conditions under paragraph (3) have been satisfied.
(3)  The conditions referred to in paragraph (2)(a) are —
(a)the goods are to be supplied to a person who has a business establishment or his usual place of residence outside Singapore;
(b)the carrier is an individual of 16 years of age or above;
(c)before the goods are hand-carried on an aircraft, the carrier has submitted the export permit for the export of the goods to a proper officer of customs at the Changi International Airport for his endorsement, together with the goods and supporting invoices or receipts to the proper officer of customs for his inspection;
(d)the carrier has furnished such information and documents as the proper officer of customs may require for the purpose of ascertaining whether the carrier will depart from Singapore in accordance with sub-paragraph (e);
(e)the carrier has departed from Singapore, with the goods on board the aircraft, within 12 hours from the time of endorsement of the export permit by the proper officer of customs;
(f)the goods have not been brought out of the premises of the Changi International Airport Departure Check-in Hall after the export permit has been endorsed by the proper officer of customs except in the circumstances referred to in paragraph (6); and
(g)the taxable person has produced to the Comptroller, at his request, the export permit and such evidence of export as the Comptroller may reasonably require.
(4)  The taxable person may make an application to the Comptroller for waiver of compliance with any condition under paragraph (3), and the Comptroller may waive such compliance subject to such requirements for the protection of revenue as he may consider necessary to impose.
(5)  No person shall —
(a)being a carrier, transfer any goods to any other person in Singapore after the export permit in respect of such goods has been endorsed by the proper officer of customs at the Changi International Airport;
(b)receive any goods from the carrier in Singapore after the export permit in respect of such goods has been endorsed by the proper officer of customs at the Changi International Airport; or
(c)bring any goods out of the premises of the Changi International Airport Departure Check-in Hall after the export permit in respect of such goods has been endorsed by the proper officer of customs.
(6)  Paragraph (5) shall not apply —
(a)to the transfer of the goods to, or the receipt of the goods or the bringing of the goods out of the Changi International Airport Departure Check-in Hall by, a ticketing or luggage officer or other employee, who is authorised by the Civil Aviation Authority of Singapore or the airline or air terminal operator concerned to receive the goods for checking in or to handle the goods for loading into the aircraft; or
(b)to the carrier bringing the goods out of the premises referred to in sub-paragraph (a) for the purpose of boarding the departing aircraft.
(7)  In this regulation —
“export permit” means an export permit granted under the Regulation of Imports and Exports Regulations (Cap. 272A, Rg 1);
“hand-carry”, in relation to any goods, means to carry the goods on board an aircraft either personally or by checking them in for the purpose of loading them on the aircraft;
“proper officer of customs” has the same meaning as in regulation 47.”.
Amendment of regulation 108
4.  Regulation 108 of the principal Regulations is amended by inserting, immediately after “103I”, “, 105A(5)”.
[G.N. No. S 674/2008]

Made this 28th day of January 2009.

TEO MING KIAN
Permanent Secretary,
Ministry of Finance,
Singapore.
[MF R60.001.0013 Vol. 32; AG/LEG/SL/117A/2002/2 Vol. 4]
(To be presented to Parliament under section 86(2) of the Goods and Services Tax Act).