Goods and Services Tax (General) (Amendment No. 3) Regulations 2003

Status:

Published in Subsidiary Legislation Supplement
on 29 Dec 2003

No. S 627

Goods and Services Tax Act

(Chapter 117A)

Goods and Services Tax (General) (Amendment No. 3) Regulations 2003

In exercise of the powers conferred by sections 27 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 No. 3) Regulations 2003 and shall come into operation on 1st January 2004.

New regulation 45A

2. The Goods and Services Tax (General) Regulations (Rg 1) are amended by inserting, immediately after regulation 45, the following regulation:

“Approved Third Party Logistics Company Scheme

45A.—(1) A taxable person who is eligible under paragraph (3) may make an application to the Comptroller for goods, not being goods subject to a duty (whether customs or excise duty or both), imported by that person in the course or furtherance of any business carried on by him to be —

(a)	delivered or removed without payment of the tax chargeable on the importation; and
(b)	supplied to such other taxable person as may be approved under this regulation or regulation 45 (referred to in this regulation as a specified person) without payment of the tax chargeable on such supply.

(2) Every application under paragraph (1) shall —

(a)	be made on such form as the Comptroller may determine; and
(b)	give a full and true account of the particulars or information for which the provision is made in the form.

(3) A taxable person is eligible to make an application under paragraph (1) if he satisfies the Comptroller that —

(a)	the amount or proportion of goods exported by him and the value of supplies of international services made by him within the meaning of section 21(3) of the Act satisfies such requirements as the Comptroller may determine;
(b)	his business is substantially with a specified person;
(c)	his accounting and internal control systems are able to meet such accounting standards as the Comptroller may require; and
(d)	he is able to comply with such other conditions as the Comptroller may impose for the protection of revenue.

(4) The Comptroller may, on an application made under paragraph (1), approve the application on such conditions or requirements as he may, in his discretion, impose.

(5) The Comptroller may, in granting approval under paragraph (4), require the applicant to furnish security in such form and amount and to make arrangements for the payment of tax as the Comptroller may determine.

(6) Subject to paragraph (12), an approval granted under paragraph (4) shall have effect for a period of 3 years from the date on which the approval is to take effect and the Comptroller may, in his discretion, vary the period to which the approval relates.

(7) A taxable person to whom approval has been granted under this regulation shall immediately notify the Comptroller of any change in particulars furnished, the security given, or the arrangements for the payment of tax.

(8) Unless the Comptroller otherwise allows or directs, notwithstanding that no tax is payable, a taxable person to whom approval has been granted under this regulation shall account for the tax chargeable on his import of goods together with the tax chargeable on his supply of those goods referred to in paragraph (1)(b).

(9) For the purposes of paragraph (8), the supply of goods under paragraph (1)(b) shall be treated as taking place at the earliest of the following times:

(a)	whenever a payment in respect of the supply is made;
(b)	whenever the goods are made available to or received by the specified person; or
(c)	whenever the specified person receives an invoice relating to the supply.

(10) Unless the Comptroller otherwise allows or directs, a specified person who receives goods under paragraph (1)(b) shall account for tax as if he had himself imported the goods in the course or furtherance of his business, together with the tax chargeable on the supply of those goods by the specified person to some other person.

(11) For the purposes of this regulation, the enforcement of any obligation to account for tax shall apply to any person who is required under paragraph (8) or (10) to account for tax.

(12) The Comptroller may, at any time, by notice in writing vary or revoke any approval granted under this regulation if he is satisfied that the taxable person —

(a)	has failed to comply with any condition or requirement imposed by the Comptroller under paragraph (4);
(b)	has at any time ceased to satisfy any of the requirements for eligibility under paragraph (3); or
(c)	has provided any false, misleading or inaccurate declaration or information in his application under paragraph (2).

(13) Where the taxable person approved by the Comptroller fails to comply with any condition or requirement imposed by the Comptroller, he shall —

(a)	repay to the Comptroller without demand the amount of tax on the value of the supply to which the failure to comply relates; and
(b)	include the amount of tax on the value of the supply which he is required to repay under sub-paragraph (a) as output tax in his return.”.

Amendment of regulation 108

3. Regulation 108 of the Goods and Services Tax (General) Regulations is amended by inserting, immediately after “44,”, “45A,”.

[G.N. Nos. S 261/2002; S427/2002; S 648/2002; S 182/2003; S 316/2003]

Made this 19th day of December 2003.

LIM SIONG GUAN

Permanent Secretary,
Ministry of Finance,
Singapore.

[MF(R) 60.1.0013 V. 20; AG/LEG/SL/117A/2002/2 Vol. 1]

(To be presented to Parliament under section 86(2) of the Goods and Services Tax Act).

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