PART 1 | Citation and commencement |
| 1. These Regulations are the COVID-19 (Temporary Measures) (Transfer of Benefit of Property Tax Remission) Regulations 2020 and come into operation on 13 May 2020. |
2.—(1) In these Regulations —| “additional rental relief”, in relation to a tenant of any property, means the rent, interest and other charge under the lease agreement between the tenant and the owner of the property that are waived under section 19J(1) of the Act as of the crystallisation date, after it is reduced under section 19O(3) of the Act, if applicable; [S 1019/2020 wef 31/07/2020] |
| “Authority” means the Inland Revenue Authority of Singapore established under the Inland Revenue Authority of Singapore Act (Cap. 138A); [S 1019/2020 wef 31/07/2020] |
| “benefit”, in relation to any property, means the reduction in property tax on the property under one or more prescribed remissions relating to the property; |
| “Comptroller” means the Comptroller of Property Tax appointed under section 3(1) of the Property Tax Act (Cap. 254); |
“crystallisation date”, in relation to a property, means —| (a) | the day after the last day on which a section 19M application may be made for the property; or | | (b) | where a section 19M application is made for the property — the day after the day on which the owner of the property is informed of the rental relief assessor’s determination of the application or is served with the determination under regulation 27(8) of the Rental Relief Regulations; [S 1019/2020 wef 31/07/2020] |
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| “notice of cash grant” means the notice of cash grant issued by the Authority under section 19F(1) of the Act for any property; [S 1019/2020 wef 31/07/2020] |
| “owner”, in relation to any property, has the meaning given by section 2(1) of the Property Tax Act and includes a person that is deemed to be an owner of the property under any provision of that Act; |
| “prescribed property” has the meaning given by section 19B(1) of the Act; [S 1019/2020 wef 31/07/2020] |
| “prescribed remission” means any remission of property tax prescribed in regulation 3; |
| “PTO” and “PTO chain” have the meanings given by section 19B(1) of the Act; [S 1019/2020 wef 31/07/2020] |
| “rebate amount”, in relation to any property, means the quantum of the benefit for the property; |
| “rental relief”, in relation to a tenant of any property, means the rent, interest and other charge under the lease agreement between the tenant and the owner of the property that are waived under section 19H(1) of the Act, as of the crystallisation date; [S 1019/2020 wef 31/07/2020] |
| “Rental Relief Regulations” means the COVID-19 (Temporary Measures) (Rental and Related Measures) Regulations 2020 (G.N. No. S 664/2020); [S 1019/2020 wef 31/07/2020] |
| “section 19M application”, in relation to a property, means an application made under section 19M(2) of the Act to appoint a rental relief assessor to make a determination in relation to the property or a landlord or tenant of the property; [S 1019/2020 wef 31/07/2020] |
| “specified lessee”, in relation to an owner of property, means a lessee who enters into a lease agreement with the owner for the whole or any part of the property for a purpose other than accommodation at the property or part of the property; |
“specified licensee”, in relation to an owner of property, means a licensee who enters into a licence agreement with the owner for the whole or any part of the property —| (a) | for an initial period of at least 12 months, not including any period of extension or renewal that may be provided under the licence; and | | (b) | for a purpose other than accommodation at the property or part of the property, |
| but excludes any of the following: |
| (c) | an invitee or a casual visitor at the property or part of the property, such as a diner at a restaurant or a shopper in a shopping mall or shop; | | (d) | a person carrying out any employment or providing any service at the property or part of the property; |
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| “tenant” means a lessee or licensee prescribed in regulation 4. |
(2) In these Regulations, the net rent of any property or part of any property is the rent, licence fee or similar payment payable by a lessee or licensee of the property or part of the property to the owner of the property under the lease or licence agreement (as the case may be) between the lessee or licensee and the owner —| (a) | including the following amounts payable under the agreement:| (i) | subject to paragraph (3), any amount determined by the gross turnover of any business carried on by the lessee or licensee at the property or part of the property; | | (ii) | fees for repair, insurance, maintenance and upkeep of the property or part of the property, and any amount in respect of property tax on the property or part of the property; but |
| | (b) | excluding the following amounts payable under the agreement:| (i) | any amount in respect of the provision of services by the owner to the lessee or licensee; | | (ii) | any goods and services tax. |
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| (3) For the purpose of paragraph (2)(a)(i), if any amount in that provision for any month cannot be determined by the time the benefit for the property is required to be passed to the tenant in accordance with regulation 11, the amount in that provision determined for the month immediately prior to that month is treated as the amount for that month. |
(4) In these Regulations, an owner of property has begun to pass the benefit or a part of the benefit for the property to a tenant of the owner —| (a) | where the manner of passing is a method in regulation 10(1)(b) or (d) — when the first instalment is passed to the tenant; and | | (b) | where the manner of passing is a combination of 2 or more methods in regulation 10(1) — when the first amount under any of those methods is passed or (for a method under regulation 10(1)(b) or (d)) begun to be passed to the tenant. |
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(5) In these Regulations, a change in circumstances resulting in a change in the rebate amount for any property, is a change in circumstances —| (a) | that affects the annual value for the property (including any change in use of the property and the completion of any development of the property); and | | (b) | in respect of which the Comptroller notifies the owner of the change in the rebate amount. |
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| (6) In these Regulations, a reference to a portion of a rebate amount for any property in relation to any part of a year, is the portion of the rebate amount attributed by the Comptroller to that part of the year. |
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