Goods and Services Tax (General) Regulations

Goods and Services Tax Act

(CHAPTER 117A, Sections 12(8), 19, 20(3), (4) and (5), 21(7), 23(1), 25(1), 27, 30(1), (3) and (4), 32(1) and (2), 35, 37(3), 38(5), 39(3) and (4), 41(1), (2), (4), (5) and (6), 78(5) and 86(1))

Rg 1

G.N. No. S 509/1983

REVISED EDITION 2008

(2nd June 2008)

[20th December 1993]

PART I

PRELIMINARY

Citation

1. These Regulations may be cited as the Goods and Services Tax (General) Regulations.

Definitions

2.—(1) In these Regulations, unless the context otherwise requires —

“customs territory” has the same meaning as in section 3(1) of the Customs Act 1960;

[S 566/2010 wef 01/10/2010]

[S 620/2022 wef 31/12/2021]

“non-specified taxable supply” means a taxable supply other than a specified supply;

[S 875/2019 wef 01/01/2020]

“prescribed accounting period” means such period as is prescribed in regulation 52 or as is defined in regulation 92 as a prescribed accounting period, as the case may be;

[S 64/2010 wef 05/02/2010]

“registered person” means a person registered by the Comptroller under the First Schedule to the Act;

“registered taxable person” means such a person while he is also a taxable person;

“registration number” means the number allocated by the Comptroller to a person in relation to the registration of that person;

“specified supply” means any of the following:

(a)

a reverse charge supply;

(b)

a supply of remote services (as defined in paragraph 2A of the Seventh Schedule to the Act) that is treated —

(i)	under paragraph 4(1) of that Schedule as being made by an operator of an electronic marketplace to a customer, instead of by the overseas underlying supplier making the supply through the electronic marketplace of the operator;
(ii)	under paragraph 5(3)(b) of that Schedule as being made by an operator of an electronic marketplace to a customer; or
(iii)	under paragraph 6(2)(b) of that Schedule as being made by an operator of an electronic marketplace to a registered person; [S 875/2019 wef 01/01/2020] [S 1003/2021 wef 01/01/2022]

(c)

a supply of distantly taxable goods that is treated —

(i)	under paragraph 4(1) of the Seventh Schedule to the Act as being made by an operator of an electronic marketplace to a customer, instead of by the underlying supplier making the supply through the electronic marketplace of the operator; or
(ii)	under paragraph 4B of the Seventh Schedule to the Act as being made by a redeliverer to a customer; [S 1003/2021 wef 01/01/2022]

“tax fraction” means the fraction calculated in accordance with the following formula:

where A is 3 or such other rate of tax as may later be specified in section 16 of the Act;

[S 566/2010 wef 01/10/2010]

[S 1003/2021 wef 01/01/2022]

“transitional date”, in relation to a supply, means —

(a)

where section 92(2) or (5) of the Act applies to the supply, the later of —

(i)	1 January 2020; and
(ii)	the day on which the person making the supply is registered in accordance with the First Schedule;

(b)

where section 92A(12) of the Act applies to the supply, the later of —

(i)	1 January 2023; and
(ii)	the day on which the person making the supply is registered in accordance with the First Schedule;

(c)

where section 92A(13) of the Act applies to the supply, the earlier of —

(i)	the date on which the invoice for the supply is issued; and
(ii)	the date on which the consideration for the amount of the invoice is received by the supplier; and

(d)

where section 92A(14) of the Act applies to the supply — the date on which the consideration for the amount of the invoice for the supply is received on or after the day on which the person making the supply is registered in accordance with the First Schedule;

[S 1003/2021 wef 01/01/2022]

“transitional (reverse charge) date”, in relation to a reverse charge supply, means —

(a)

where section 93(3) of the Act applies to the supply, the later of —

(i)	1 January 2020; and
(ii)	the day on which the recipient is registered in accordance with the First Schedule;

(b)

where section 94(6) of the Act applies to the supply, the later of —

(i)	1 January 2023; and
(ii)	the day on which the recipient is registered in accordance with the First Schedule;

(c)

where section 94(7) of the Act applies to the supply, the earlier of —

(i)	the date on which the invoice for the reverse charge supply is issued; and
(ii)	the date on which the consideration for the amount of the invoice is paid by the recipient; and

(d)

where section 94(8) of the Act applies to the supply, the date on which the consideration for the amount of the invoice is paid on or after the day on which the person receiving the supply is registered in accordance with the First Schedule.

[S 1003/2021 wef 01/01/2022]

(2) In the application of the Customs Act 1960, by virtue of section 26 of the Act, to any goods which are not subject to either customs duty or excise duty, such goods shall be construed as being under “customs control” within the meaning of section 3(2) of the Customs Act 1960 —

(a)	as if they are dutiable goods; and
(b)	as if the reference to a licensed warehouse in section 3(2) of the Customs Act 1960 includes a warehouse or other premises licensed under section 37(5)(b) of the Act. [S 566/2010 wef 01/10/2010] [S 827/2010 wef 01/01/2011] [S 620/2022 wef 31/12/2021]

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