No. S 64
Goods and Services Tax Act
(CHAPTER 117A)
Goods and Services Tax (General) (Amendment) Regulations 2010
In exercise of the powers conferred by sections 35(1) 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 2010 and shall come into operation on 5th February 2010.
Amendment of regulation 2
2.  Regulation 2 of the Goods and Services Tax (General) Regulations (Rg 1) (referred to in these Regulations as the principal Regulations) is amended by inserting, immediately after the words “regulation 52” in the definition of “prescribed accounting period”, the words “or as is defined in regulation 92 as a prescribed accounting period, as the case may be”.
Amendment of regulation 7
3.  Regulation 7(2) of the principal Regulations is amended —
(a)by inserting, at the end of sub-paragraph (b), the word “and”;
(b)by deleting the word “; and” at the end of sub-paragraph (c) and substituting a full-stop; and
(c)by deleting sub-paragraph (d).
Deletion and substitution of Part XIII
4.  Part XIII of the principal Regulations is deleted and the following Part substituted therefor:
PART XIII
BETTING AND GAMING
Division 1 — General
Consideration of betting and gaming transactions
91.  Subject to regulation 91A, where any person pays an amount in money to participate in any transaction involving betting, sweepstakes, lotteries, fruit machines or games of chance, the amount of money so paid shall, for the purposes of the tax, be treated as the consideration for a supply of services to him.
Value of betting and gaming transactions
91A.—(1)  Notwithstanding section 17 of the Act, the value to be taken as the value of supplies made in the circumstances mentioned in regulation 91 in any period shall be determined as if the consideration for the supplies were reduced by an amount equal to the amount of money (if any) received in that period by persons (other than the person making the supply and persons acting on his behalf) participating successfully in the betting, sweepstakes, lotteries, fruit machines or games of chance, as the case may be.
(2)  The insertion of a token into a machine shall be treated for the purposes of regulation 91 as the payment of an amount equal to that for which the token can be obtained; and the receipt of a token by a person playing successfully shall be treated for the purposes of paragraph (1) —
(a)if the token is of a kind used to play the machine, as the receipt of an amount equal to that for which such a token can be obtained; or
(b)if the token is not of such a kind but can be exchanged for money, as the receipt of an amount equal to that for which it can be exchanged.
Tax chargeable on betting and gaming transactions
91B.  The tax chargeable and payable under the Act on the transactions referred to in regulation 91 shall be the tax fraction of the value of the supplies referred to in regulation 91A.
Division 2 — Casinos
Subdivision 1 — Definitions
Definitions
92.  In this Division —
“casino”, “casino operator”, “chips” and “game” have the same meanings as in section 2(1) of the Casino Control Act (Cap. 33A);
“coupon” has the same meaning as in regulation 2 of the Casino Control (Casino Tax) Regulations 2010 (G.N. No. S 59/2010);
“gaming supply” means a supply referred to in regulation 92C;
“gross gaming revenue” and “net win” have the same meanings as in section 146(6) of the Casino Control Act;
“match play coupon” and “rake” have the same meanings as in regulation 2 of the Casino Control (Casino Tax) Regulations 2010;
“prescribed accounting period” means any reporting period in respect of which a casino operator is required under regulation 4 of the Casino Control (Casino Tax) Regulations 2010 to furnish to the Comptroller of Income Tax a return of the gross gaming revenue of the casino operator for that period.
Subdivision 2 — Registration
Divisional registration
92A.  Notwithstanding anything in regulation 7(2), where a casino operator carries on any other business in addition to the business of operating a casino, the operation of the casino shall be registered as a division separate from the other business.
Subdivision 3 — Tax on gaming supplies
Application
92B.  This sub-division shall, notwithstanding Division 1, apply to gaming supplies made by a casino operator.
Gaming supplies
92C.  A casino operator shall be treated as having made a supply of services for the purpose of section 8 of the Act when a person pays, or agrees to make payment of, an amount in money to a casino operator —
(a)as a bet received and accepted by the casino operator as a wager on any game where the casino operator is a party to a wager; or
(b)to participate in any game where the casino operator is not a party to a wager but the game is conducted by the casino operator, or allowed by the casino operator to be conducted, within the casino premises.
Time of gaming supplies
92D.  Notwithstanding sections 11 and 12 of the Act, a gaming supply shall be treated as having been made at the end of the prescribed accounting period in respect of which the net win from that gaming supply is included in determining the gross gaming revenue of the casino operator for that period.
Computation of tax chargeable on gaming supplies
92E.—(1)  The tax chargeable on the gaming supplies of a casino operator made at the end of a prescribed accounting period shall be the tax fraction of the value of those gaming supplies.
(2)  For the purpose of paragraph (1), the value of the gaming supplies made at the end of a prescribed accounting period shall be the aggregate of the following:
(a)the sum total of the net wins of all gaming supplies made at the end of that period less the amounts specified in paragraph (3);
(b)the amount of any bad debt treated as having been recovered under paragraph (5) in that period;
(c)any negative supply value that may be deducted in accordance with regulation 92F.
(3)  For the purpose of paragraph (2)(a), the specified amounts are as follows:
(a)the amount of —
(i)any bet placed in the prescribed accounting period using complimentary chips or complimentary coupons given by the casino operator;
(ii)the full value of any bet placed in the prescribed accounting period with a match play coupon given by the casino operator; and
(iii)any discount or rebate given by the casino operator in the prescribed accounting period;
(b)the amount of any bad debt treated as having arisen in the prescribed accounting period in accordance with paragraph (4);
(c)in respect of any table game played in the prescribed accounting period, the amount of any rake which is included in the computation of the net win for the game for the prescribed accounting period but which was not collected by the casino operator.
(4)  For the purpose of paragraph (3)(b), a bad debt shall be treated as having arisen in a prescribed accounting period where —
(a)the casino operator has made a gaming supply for a consideration in money and has accounted for and paid tax on the supply;
(b)the whole or any part of the consideration for the supply has been written off in the accounts of the casino operator as a bad debt;
(c)the debtor has become insolvent before the end of the prescribed accounting period or a period of 12 months, beginning with the date of the gaming supply, has elapsed before the end of the prescribed accounting period; and
(d)the Comptroller is satisfied that all reasonable efforts have been taken by the casino operator to recover the debt up to the time the 12 months period referred to in sub-paragraph (c) elapsed or the debtor became insolvent, as the case may be.
(5)  For the purpose of paragraph (2)(b), where a deduction has been made under paragraph (2) in respect of any bad debt referred to in paragraph (3)(b) and —
(a)a payment for the gaming supply that has been written off in the accounts of the casino operator as a bad debt is subsequently received as recovery of the bad debt; or
(b)a payment is attributed to the gaming supply referred to in sub-paragraph (a) as recovery of the bad debt,
the amount of the bad debt shall be treated as having been recovered in the prescribed accounting period in which the payment is received for or attributed to the gaming supply.
(6)  For the purpose of this regulation, the value of any complimentary chip, complimentary coupon, match play coupon, discount, rebate or rake shall be reckoned in the same manner as for the computation of casino tax under the Casino Control (Casino Tax) Regulations 2010 (G.N. No. S 59/2010).
Carry forward of negative gaming supply
92F.  Where the value for any gaming supply determined under regulation 92E is negative for any prescribed accounting period —
(a)the negative supply value shall be disregarded and shall be treated as nil for the prescribed accounting period;
(b)no refund of tax in respect of the gaming supply shall be made for the prescribed accounting period;
(c)the negative supply value may be deducted against the value of the gaming supplies of the prescribed accounting period immediately following the prescribed accounting period in respect of which the negative supply value has arisen and, so far as it cannot be so made, then from the value of the gaming supplies of the next prescribed accounting period, and so on; and
(d)the negative supply value shall not be allowed as a deduction against the value of any supply other than a gaming supply of the casino operator in accordance with paragraph (c).
Disallowance of input tax in respect of non-monetary prize
92G.  There shall be excluded from any credit under sections 19 and 20 of the Act the amount of any input tax on any supply to a casino operator of goods and services which are used by the casino operator as a non-monetary prize for any gaming supply.”.
[G.N. Nos. S 674/2008; S 32/2009; S 118/2009; S 626/2009]
Made this 5th day of February 2010.
PETER ONG
Permanent Secretary,
Ministry of Finance,
Singapore.
[MOF Ref: R60.1.0013 v.34; AG/LLRD/SL/117A/2002/2 Vol. 6]
(To be presented to Parliament under section 86(2) of the Goods and Services Tax Act).