Income Tax (Land Intensification Allowance) Regulations 2012

No. S 28

Income Tax Act

(CHAPTER 134)

Income Tax
(Land Intensification Allowance)
Regulations 2012

In exercise of the powers conferred by section 18C(2) of the Income Tax Act, the Minister for Finance hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Income Tax (Land Intensification Allowance) Regulations 2012 and shall be deemed to come into operation on 23rd February 2010.

Prescribed intensified use of land for prescribed trade or business for pre‑25 March 2016 applications

2.—(1) The construction or renovation of any building or structure on industrial land, port land or airport land promotes the intensified use of the land for a trade or business for the purposes of section 18C(2) of the Act if, and only if, upon completing the construction or renovation, the building or structure is as follows:

(a)

the gross plot ratio of the building or structure —

(i)	meets the relevant gross plot ratio benchmark for the trade or business specified in the Schedule; or
(ii)	if the gross plot ratio of the building or structure already meets or exceeds the relevant gross plot ratio benchmark mentioned in sub‑paragraph (i) before the start of the construction or renovation, is at least 10% more than its gross plot ratio before the start of the construction or renovation; and

(b)

at least 80% of the total floor area of the building or structure is used by any one person or partnership for the trade or business.

[S 480/2014 wef 22/02/2014]

[S 228/2016 wef 22/02/2014]

(1A) For the purposes of paragraph (1)(a), the relevant gross plot ratio benchmark applicable to a building or structure on industrial land is the ratio set out in —

(a)	Column A of the Schedule where the application for planning permission or conservation permission is made to the competent authority in accordance with the Planning Act (Cap. 232) during the period from 23rd February 2010 to 31st July 2013 (both dates inclusive); and
(b)	Column B of the Schedule where the application for planning permission or conservation permission is made to the competent authority in accordance with the Planning Act on or after 1st August 2013. [S 466/2013 wef 01/08/2013]

[S 228/2016 wef 22/02/2014]

(1B) For the purposes of paragraph (1)(a), the relevant gross plot ratio benchmark applicable to a building or structure on port land or airport land is the ratio set out in Column B of the Schedule.

[S 228/2016 wef 22/02/2014]

(2) A trade or business is prescribed for the purposes of section 18C(2) of the Act in relation to the promotion of the intensified use of industrial land, port land or airport land if —

(a)

the trade or business is a trade or business specified in the Schedule; and

(b)

following the construction or renovation of any building or structure on the land, the trade or business —

(i)	is the principal trade or business of any one person or partnership; and
(ii)	is the principal trade or business that will be carried on at the building or structure by that person or partnership.

[S 228/2016 wef 22/02/2014]

[S 9/2017 wef 25/03/2016]

Prescribed intensified use of land for prescribed trade or business for post-25 March 2016 applications

3.—(1) For the purposes of section 18C(2B)(b) of the Act, the construction or renovation of any building or structure on industrial land, port land or airport land promotes the intensified use of the land for a trade or business if, and only if, the gross plot ratio of the building or structure upon completion of the construction or renovation (called in this regulation as‑built gross plot ratio) —

(a)	meets the gross plot ratio benchmark set out in column B of the Schedule for that trade or business; or
(b)	if the gross plot ratio of the building or structure before the start of the construction or renovation already meets or exceeds the gross plot ratio benchmark mentioned in sub‑paragraph (a), the as‑built gross plot ratio of the building or structure is at least 10% more than the gross plot ratio before the start of the construction or renovation.

(2) Where a post-25 March 2016 application has more than one prescribed trade or business under section 18C(2B)(a)(ii) of the Act, then the trade or business with the highest gross plot ratio benchmark set out in column B of the Schedule among those trades or businesses is designated for the purposes of making the determination under section 18C(2B)(b) of the Act.

(3) For the purposes of section 18C(2B) of the Act, a prescribed trade or business is a trade or business specified in the Schedule.

[S 9/2017 wef 25/03/2016]

Made this 25th day of January 2012.

CHAN LAI FUNG

Permanent Secretary
(Finance) (Performance),
Ministry of Finance,
Singapore.

[MF(R) R32.018.2968 Vol. 12; AG/LLRD/SL/134/2010/18 Vol. 1]

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