2.—(1) In these Rules —| “additional buyer’s stamp duty” or “ABSD” means the duty mentioned in paragraph (bi) of Article 3 of the First Schedule to the Act; |
| “buyer”, in relation to an instrument, means a purchaser, grantee, transferee or lessee (as the case may be) under the instrument; |
| “CSC” means a certificate of statutory completion issued by the Commissioner of Building Control under section 12 of the Building Control Act 1989; |
| “exempt instrument” means an instrument for which ABSD chargeable thereon is remitted under these Rules; |
| “immediate family member”, in relation to any person, means any sibling, parent or child of the person, whether related by blood or in accordance with any written law relating to adoption, or any stepsibling, step‑parent or stepchild of the person; |
| “joint buyers”, in relation to an instrument, means joint purchasers, grantees, transferees or lessees (as the case may be) under the instrument; |
| “married” means married under written law or under the law of another country in circumstances where the marriage would be recognised as valid under that law, but not if the marriage is void under the Women’s Charter 1961; |
“qualifying person” means a person who is —| (a) | 55 years of age or above; and | | (b) | not married; |
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| “residential property” has the meaning given by paragraph (b) of the definition of “residential property” in paragraph (1) of Article 3 of the First Schedule to the Act; |
| “Singapore citizen not owning property” means a citizen of Singapore who, if not for the transaction which is the subject of the exempt instrument, does not beneficially own (whether alone or jointly or in common with another) an estate or interest in any residential property situated within Singapore; |
| “Singapore citizen owning one property” means a citizen of Singapore who, if not for the transaction which is the subject of the exempt instrument, beneficially owns (whether alone or jointly or in common with another) an estate or interest in one residential property situated within Singapore; |
| “TOP” means a temporary occupation permit granted by the Commissioner of Building Control under section 12 of the Building Control Act 1989. |
| (2) In these Rules, a reference to joint purchasers, grantees, transferees or lessees is a reference to persons to whom the estate or interest in the residential property in question is sold, conveyed, transferred or assigned as joint tenants or as tenants in common. |
(3) In these Rules, the date on which any estate or interest in residential property is acquired or disposed of is —| (a) | where the estate or interest is acquired or disposed of under contract — the date the contract is made or, if the contract is conditional on the exercise of an option, the date when the option is exercised; | | (b) | where the estate or interest is acquired or disposed of by way of gift, release or settlement or under a declaration of trust — the date when the estate or interest passes; or | | (c) | where the estate or interest is acquired or disposed of by any other means — the date when the estate or interest is vested or divested (as the case may be) by operation of law or otherwise. |
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| (4) In these Rules, a reference to the acquisition or disposal of any estate or interest in property does not include a conveyance or transfer by way of security of any estate or interest in property, including a re‑transfer on redemption of the security. |
| (5) To avoid doubt, in determining if a person beneficially owns (whether alone or jointly or in common with another) an estate or interest in any number of residential properties situated within Singapore, any ownership of partnership property or property held on trust by him or her (other than for himself or herself) is disregarded. |
| (6) Where any estate or interest in any residential property is held on trust for an identifiable individual beneficiary (X) as defined in paragraph (1A) (read with paragraph (1B)) of Article 3 of the First Schedule to the Act, X is, for the purposes of the definitions of “Singapore citizen not owning property” and “Singapore citizen owning one property”, treated as one who beneficially owns the estate or interest. |
| (7) To avoid doubt, for the purposes of the definitions of “Singapore citizen not owning property” and “Singapore citizen owning one property”, a person who is a settlor of a trust under section 22C of the Act does not beneficially own the estate or interest in residential property being disclaimed or renounced by reason only of the section 22C notice being treated as a conveyance or transfer of the estate or interest under that section (but without affecting the settlor being so treated because of the resulting trust). |
| (8) In determining if a person beneficially owns (whether alone or jointly or in common with another) an estate or interest in any number of residential properties situated within Singapore, any ownership of property that is the subject of a notification under section 5 of the Land Acquisition Act 1966 is disregarded. |
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