Property Tax (Vacant Port Land) (Remission) Order 2006

No. S 509

Property Tax Act

(Chapter 254)

Property Tax (Vacant Port Land) (Remission) Order 2006

In exercise of the powers conferred by section 6(8) of the Property Tax Act, the Minister for Finance hereby makes the following Order:

Citation

1. This Order may be cited as the Property Tax (Vacant Port Land) (Remission) Order 2006.

Definitions

2. In this Order —

“port land” means land used or intended to be used for port operations;

“port operations” means the operations carried out in relation to a port, including the handling of containers and cargo, stevedorage, dockage, pilotage, berthing, unberthing, transshipment, the provision of reefer services, the transportation of passengers by vessel and the rental of equipment for such purposes;

“PSA Corporation Ltd” means PSA Corporation Limited, a company incorporated under the Companies Act (Cap. 50) and its successors and assigns, by whatever name called;

“vacant port land” means port land which is unoccupied or under development, prior to the commencement of port operations.

Remission of tax on vacant port land

3. Subject to the provisions of this Order, where the tax payable in respect of any vacant port land owned by PSA Corporation Ltd is assessed in accordance with section 2(3) of the Act, there shall, on an application made under paragraph 6, be remitted the full amount of the tax payable in respect of the vacant port land for the period of remission referred to in paragraph 5.

Condition for remission of tax

4. The remission of tax under paragraph 3 in respect of any vacant port land shall be granted subject to the condition that during the period of the remission ––

(a)	PSA Corporation Ltd remains the owner of the vacant port land; and
(b)	the vacant port land is not occupied by any person other than PSA Corporation Ltd or persons engaged by PSA Corporation Ltd to develop the land for port operations.

Period of remission of tax

5.—(1) Subject to paragraph 7, the remission of tax in respect of any vacant port land under paragraph 3 shall be for the period commencing on ––

(a)	the date on which PSA Corporation Ltd acquires ownership of the vacant port land, if such acquisition is after 1st January 2005; or
(b)	1st January 2005, if PSA Corporation Ltd acquired ownership of the vacant port land before 1st January 2005,

and, unless earlier revoked under this Order, ending on the date that port operations commence on that vacant port land.

(2) No remission of tax under paragraph 3 shall be granted in respect of any vacant port land for any period before 1st January 2005.

Application for remission of tax

6. PSA Corporation Ltd may apply in writing to the Comptroller for remission of tax in respect of any vacant port land under this Order not later than 30 days after the date of service of the notice by the Chief Assessor under section 20 of the Act in respect of the vacant port land, in such form as the Comptroller may determine.

Delay in application for remission

7.—(1) Where an application for remission of tax in respect of any vacant port land under paragraph 6 is not made within the specified time, the period of remission of tax in respect of the vacant port land shall not include a period equivalent to the period of delay, unless the Comptroller has allowed an extension of time for the application under sub-paragraph (2).

(2) The Comptroller may, in his discretion, allow an extension of time within which the application for remission is to be made, in which case the remission shall have effect for the period referred to in paragraph 5.

(3) In this paragraph, “period of delay” means the period commencing on the day immediately after the expiry of the specified period for an application to be made under paragraph 6, and ending on the day on which the Comptroller receives the application.

Remission of tax for vacant port land developed in phases

8. Where any vacant port land is developed in phases, the remission of tax in respect of the vacant port land under paragraph 3 may, at the discretion of the Comptroller, be granted in respect of such part of the land on which port operations have not commenced, and the Comptroller may apportion the annual value of the land for that purpose.

Change of circumstances

9.—(1) PSA Corporation Ltd shall notify the Comptroller in writing of the commencement of any port operations on any vacant port land in respect of which remission of tax has been granted under paragraph 3 not later than 30 days after the commencement of such port operations.

(2) Where PSA Corporation Ltd contravenes sub-paragraph (1), it shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Revocation of remission of tax

10. The remission of tax in respect of any vacant port land under paragraph 3 shall not be granted, or if granted shall be revoked, if the condition under paragraph 4 or any of the provisions of this Order is contravened in relation to the vacant port land.

Made this 28th day of August 2006.

LIM SIONG GUAN

Permanent Secretary,
Ministry of Finance,
Singapore.

[R42.03 V3; AG/LEG/SL/254/2002/1 Vol. 2]

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