GST Guide For Property Developer (2nd Edition)

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GST: Guide for Property Developer
IRAS e-Tax Guide
GST: Guide for Property Developer
(Second Edition)
GST: Guide for Property Developer
Published by
Inland Revenue Authority of Singapore
Published on 1 Jan 2018
First edition on 6 Feb 2015
Disclaimers: IRAS shall not be responsible or held accountable in any way for any damage, loss or
expense whatsoever, arising directly or indirectly from any inaccuracy or incompleteness in the
Contents of this e-Tax Guide, or errors or omissions in the transmission of the Contents. IRAS shall not
be responsible or held accountable in any way for any decision made or action taken by you or any
third party in reliance upon the Contents in this e-Tax Guide. This information aims to provide a better
general understanding of taxpayers’ tax obligations and is not intended to comprehensively address
all possible tax issues that may arise. While every effort has been made to ensure that this information
is consistent with existing law and practice, should there be any changes, IRAS reserves the right to
vary its position accordingly.
© Inland Revenue Authority of Singapore
All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any
means, including photocopying and recording without the written permission of the copyright holder,
application for which should be addressed to the publisher. Such written permission must also be
obtained before any part of this publication is stored in a retrieval system of any nature.
GST: Guide for Property Developer
Table of Contents Page
1 Aim ........................................................................................................... 1
2 At a glance ............................................................................................... 1
3 Glossary ................................................................................................... 2
4 Basic GST Concepts on property transactions .................................... 4
5 Liability to register for GST .................................................................... 6
6 Supplies made in the course of property development ....................... 7
7 Input tax claims relating to property development ............................ 10
8 Input tax claims relating to construction of mixed development ...... 11
9 De-registration for GST ......................................................................... 15
10 Contact Information .............................................................................. 16
11 Updates and Amendments ................................................................... 17
Annex A Illustration of the application of DC formula ........................... 18
Annex B Illustration of the application of Longer Period Adjustment .. 20
GST: Guide for Property Developer
1
1 Aim
1.1 This guide explains the GST treatment on the supplies made in relation to
the sale of properties by you as a developer and the claiming of GST on the
construction of properties.
1.2 For the GST treatment on the lease of properties, please refer to our e-Tax
guide on "GST: Guide for Property Owners and Property Holding
Companies".
2 At a glance
2.1 The sale of a non-residential property is subject to GST while that of a
residential property is exempt from GST. If you are registered for GST, you
have to charge GST on the sale of non-residential properties and account for
the GST as output tax in your GST returns. Where the sale relates to a
property approved for mixed-use (i.e. residential and non-residential use),
GST is chargeable on that part of the property that is approved for non-
residential use while the part of the property that is approved for residential
use is exempt from GST.
2.2 You may claim the GST incurred on the construction of non-residential
properties. Input tax incurred on the construction of residential properties is
not claimable. Where input tax is incurred on the construction of a mixed
development comprising both non-residential and residential properties, you
can claim only the portion of input tax relating to the construction of the non-
residential properties.
GST: Guide for Property Developer
2
3 Glossary
3.1 Completed properties
For the purpose of this guide, completed properties refer to properties that
have obtained the Temporary Occupation Permit (“TOP”).
3.2 Developer
The developer refers to the person who owns the land on which the property
is constructed.
3.3 GST
GST is a tax on the supply of goods or services made in Singapore by a
taxable person in the course or furtherance of any business carried on by
him and on the importation of goods into Singapore.
3.4 Input tax
Input tax refers to the GST paid/payable on:-
(i) supplies of goods and/or services; and
(ii) importation of any goods into Singapore
where the goods or services are used or to be used by a taxable person for
the purpose of his business.
3.5 Invoice
Invoice includes any document that serves as a bill for payment for supplies
made by a GST-registered supplier. An example would be a debit note.
3.6 Output tax
Output tax refers to the GST charged on taxable supplies of goods and/or
services made in Singapore.
3.7 Properties under development
For the purpose of this guide, properties under development refer to
properties that have not obtained the Temporary Occupation Permit (“TOP”).
3.8 Tax invoice
Tax invoice refers to an invoice that is required under section 41 of the GST
Act. For more information on tax invoice, please refer to our e-Tax guide on
“GST: General Guide for Businesses”.
3.9 Time of supply
Time of supply will determine when a taxable person is required to charge
and account for GST on the supply of goods and/or services made.
GST: Guide for Property Developer
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3.10 Temporary Occupation Permit (“TOP”)
When the building works are completed, the applicant and the Qualified
Person shall apply to the Commissioner of Building Control for a Certificate
of Statutory Completion (“CSC”) or a Temporary Occupation Permit (“TOP”).
The building can only be occupied when a CSC or TOP is granted.
GST: Guide for Property Developer
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4 Basic GST Concepts on property transactions
4.1 All transactions involving the sale and lease of non-residential properties are
subject to GST. If you are registered for GST, you have to charge GST on
the sale and lease of such properties and account for the GST as output tax
in your GST returns.
4.2 For the sale of a completed non-residential property, you would normally
receive an option fee, followed by a deposit when the option is exercised.
You will have to account for GST on both the option fee and the deposit at
the earlier of when payment is received or when an invoice is issued. When
the property is transferred to the buyer, you have to account for GST on the
remaining sum at the earliest of the following events:
(i) when payment is received;
(ii) when an invoice is issued;
(iii) when the title of the property is transferred upon legal completion; or
(iv) when the property is made available to the buyer for occupation.
4.3 The issuance of any type of invoice will be an event that triggers the time of
supply. This includes a tax invoice as well as any document that serves as a
bill for payment for supplies made by a GST-registered supplier. An example
of such a document would be a debit note.
4.4 In general, documents such as sales order, pro-forma invoice, statement of
accounts and letter/statement of claims are not considered as invoices for
GST time of supply purposes. This is because these documents are often
not billing for payments and would therefore not be treated as invoices based
on normal commercial practices.
4.5 For more details, please refer to the e-Tax Guide on GST: Time of Supply
Rules.
4.6 For the sale of a property under development, you would normally collect
progressive payments from time to time according to the schedule of
payments specified in the agreement. The property is usually made available
to the buyer for occupation after the issuance of Temporary Occupation
Permit (“TOP”). You have to account for GST on each progressive payment
at the earlier of the following events:
(i) when payment is received for each progressive payment; or
(ii) when an invoice is issued for each progressive payment.
4.7 Once the property is made available or transferred to the buyer, you have to
account for GST on the remaining sale proceeds (regardless of whether the
remaining sum for the property has been received in full) at the earliest of
events (i) to (iv) in paragraph 4.2.
GST: Guide for Property Developer
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4.8 On the other hand, if you are selling or leasing residential properties, you
cannot charge nor collect GST on the sale or lease because they are exempt
from GST. If you are registered for GST, you have to report this supply as an
exempt supply in your GST return.
4.9 For GST purposes, a residential property refers to:
(a) a vacant land which is zoned “Residential” in the Master Plan under
the Planning Act (Cap. 232) and the land is approved for residential
or condominium development; or
(b) a vacant land or land with existing building (which is required by the
Government or such relevant public authority
1
to be demolished)
which is supplied by the Government or such relevant public authority
and approved exclusively for residential or condominium development;
or
(c) any land or part of any land with any building on the land or part, being
a building which is used or to be used principally for residential
purposes, but not if the land or part is one supplied by the Government
or such relevant public authority and is not approved exclusively for
residential or condominium development and the building on the land
or part is required to be demolished
4.10 All other types of properties that do not fall within the definition of residential
properties above are non-residential properties.
4.11 If your transaction involves land with a building or structure on it, whether this
property is a residential or non-residential property depends on the approved
use
2
of the building or structure during the relevant period in which the supply
occurs. The zoning of land is disregarded in this instance. If the building or
structure is not used or to be used principally for residential purposes, you
should charge GST on the sale of this property.
4.12 More information on the types of residential and non-residential properties
can be found in our e-Tax guide on "GST: Guide for Property Owners and
Property Holding Companies".
4.13 If you are registered for GST, you can claim GST incurred on the purchase
of land and development of non-residential properties as your input tax if the
properties are:-
(a) used for the conduct of your business;
(b) let out for the purpose of business; or
1
Relevant authority refers to any public authority as approved by the Minister or such other person
as the Minister may appoint.
2
As shown in the ‘Written Permission”, “Temporary Permission” or “Provisional Permission” issued
by the Urban Redevelopment Authority (“URA”) or letters issued by the Housing & Development
Board (HDB), Singapore Land Authority (SLA) or Jurong Town Corporation (JTC).
GST: Guide for Property Developer
6
(c) developed into non-residential properties for the purpose of sale or
lease.
4.14 Your business must be making wholly taxable supplies upon which you
charge and account for GST. The input tax claimable includes the GST
incurred on the purchase of property, conveyance expenses, construction
and development costs, professional fees, etc.
5 Liability to register for GST
5.1 You have to be registered for GST if your taxable supplies exceed S$1 million
in the past four quarters ending March, June, September or December. If you
are currently making taxable supplies and expect to make taxable supplies
exceeding S$1 million in the next 12 months, you are also required to register.
More information on when to register for GST and when the GST registration
liability arises can be found in our e-Tax guide on "GST: Do I need to
register?".
5.2 The sale and lease of a residential property is an exempt supply. If you are
not registered for GST and are selling or leasing a residential property, you
do not need to register even if the price exceeds $1 million.
5.3 The sale and lease of a non-residential property is a taxable supply. If you
are not registered for GST and are developing a non-residential or a mixed
(residential and non-residential) development for sale or lease, you will need
to monitor your liability for registration.
5.4 Generally, when you enter into a contract to sell a non-residential property
which is your business asset, you will expect to make a taxable supply of the
property within the next 12 months. Hence, if the property’s sale price and
the value of any other taxable supplies derived from other business activities
that you will be conducting in the next 12-month period are expected to
exceed $1 million, you have to register for GST. You have to come forward
to apply for registration within 30 days from the date you confirm the supplies
will be made.
5.5 The provision of estate management and maintenance services is a taxable
supply regardless of whether the properties are residential. Therefore, if you
are involved in managing the maintenance fund and in the running of the
completed development as required under the Building Maintenance and
Strata Management Act before a management corporation is formed, you
have to register for GST if the value of the maintenance or service charges
and sinking funds that you expect to collect exceed $1 million per year. The
maintenance fund account is not a legal entity and hence, it cannot be
considered separately for GST registration purposes.
GST: Guide for Property Developer
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6 Supplies made in the course of property development
6.1 Do I have to charge GST on reimbursements of expenses?
6.1.1 Sometimes you may claim reimbursements from your main contractor for
clerk-of-works' overtime, loan of workers, use of utilities on site, etc. As these
are supplies made by you to your main contractor, you have to charge and
account for GST on these reimbursements.
6.2 Do I have to charge GST on “counter-supplies”?
6.2.1 To enjoy the advantage of bulk purchase, you may buy some materials such
as cement and steel and supply them to your main contractor for use on the
project. The supply made by you to your main contractor is commonly
referred to as a “counter-supply”. For GST purpose, you cannot deduct the
value of these materials from the amount of progressive payments due to
your main contractor. These supplies are made by you to your contractor.
They are separate from the construction work that your main contractor
supplies to you under the contract. Hence, you have to issue tax invoices on
these supplies and charge your contractor GST on these supplies
accordingly.
6.3 Do I have to charge GST on rectification of defects?
6.3.1 When the purchasers take possession of the properties after the issuance of
TOP, there may be defects in the new units that need rectification. Under the
contract, the main contractor is required to carry out such rectification works
during the defect liability period. However, if the main contractor does not
perform the rectification works, you may engage another contractor to do the
job and subsequently deduct such costs from any payment due to the main
contractor. At times, the purchaser may engage his own contractor to do the
rectification and claim compensation for the costs or deduct the amount from
any payment due to you. You in turn deduct such amount from any payment
due to the main contractor. In either situation, you are making a supply of
rectification works to the main contractor. You have to charge and account
for GST on the amount you have claimed or deducted from the main
contractor.
GST: Guide for Property Developer
8
Example 1
A main-contractor, MC1 Pte Ltd, was engaged by a GST-registered developer, D1
Pte Ltd, to construct a two-storey residential property at Hillview. Under the
agreement, MC1 Pte Ltd was required to rectify any defects in the property during
the defect liability period.
D1 Pte Ltd subsequently sold the property to a purchaser, P1 Pte Ltd.
Upon the issuance of TOP, P1 Pte Ltd took over the possession of the property and
notified D1 Pte Ltd of the defective works in the property within one week from the
date of TOP.
Scenario (a)
D1 Pte Ltd hired a GST-registered sub-contractor, SC1 Pte Ltd, to rectify the defects
in the property and deducted the amount charged by SC1 Pte Ltd from the payment
due to MC1 Pte Ltd.
In this case, D1 Pte Ltd is making good the defects that should have been done by
MC1 Pte Ltd. Therefore, D1 Pte Ltd has to charge GST on the payment deducted
from MC1 Pte Ltd, which is the consideration for the supply of rectification works.
Supply of
construction services
Supply of property
Onward supply the
rectification works to
MC1
MC1 Pte Ltd
(Main
contractor)
D1 Pte Ltd
(Developer)
P1 Pte Ltd
(Purchaser)
SC1 Pte Ltd
(Sub-contractor)
GST: Guide for Property Developer
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Scenario (b)
P1 Pte Ltd hired a GST-registered sub-contractor, SC1 Pte Ltd to rectify the defects
in the property and deducted the amount charged by SC1 Pte Ltd from the balance
payment due to D1 Pte Ltd. D1 Pte Ltd in turn deducted the amount from the balance
payment due to MC1 Pte Ltd.
In this case, P1 Pte Ltd is making good the defects that should have been done by
D1 Pte Ltd. Therefore, P1 Pte Ltd has to charge GST on the amount deducted from
the payment due to D1 Pte Ltd, which is the consideration for the supply of
rectification works.
Similarly, D1 Pte Ltd is making good the defects that should have been done by
MC1 Pte Ltd. Therefore, D1 Pte Ltd will have to charge GST on the amount
deducted from the payment due to MC1 Pte Ltd, which is the consideration for the
supply of rectification works.
Scenario (c)
P1 Pte Ltd claimed compensation from D1 Pte Ltd for the defective works in the
property.
As there is no actual work done by P1 Pte Ltd to receive the compensation, P1 Pte
Ltd does not have to charge GST on the compensation received from D1 Pte Ltd.
6.4 Do I have to charge GST on maintenance funds?
6.4.1 Before the formation of the management corporation (“MC”), you may collect
maintenance charges from the purchasers of the units that have been sold
(“sold units”) and put them into the maintenance funds. The maintenance
Supply of
construction services
Supply of property
Compensation sum $X
MC1 Pte Ltd
(Main contractor)
D1 Pte Ltd
(Developer)
P1 Pte Ltd
(Purchaser)
Supply of
construction services
Supply of property
Onward supply the
rectification works to
MC1
Supply of rectification works to P1
MC1 Pte Ltd
(Main
contractor)
D1 Pte Ltd
(Developer)
P1 Pte Ltd
(Purchaser)
SC1 Pte Ltd
(Sub-contractor)
Onward supply the
rectification works to
D1
GST: Guide for Property Developer
10
charges in respect of the units that have not been sold (“unsold units”) will
be borne by you as a developer. As a GST-registered developer, you have
to charge and account for GST on the maintenance charges payable by the
purchasers of the sold units as well as that payable by yourself in respect of
the unsold units.
6.4.2 After the formation of the MC, you will transfer the balance money in the
maintenance funds to the MC. This transfer of balance money in the
maintenance funds to the MC will not attract GST since GST has already
been accounted for by you.
7 Input tax claims relating to property development
7.1 Can I claim input tax on maintenance charges and marketing fees incurred
on the unsold non-residential units?
7.1.1 You may claim the GST incurred on the maintenance charges payable
to the maintenance funds for the unsold units if it is directly attributable
to taxable supplies made or to be made and if all the other conditions
for claiming input tax are satisfied.
7.1.2 Similarly, if you have incurred GST on the fees charged by property
agents for marketing the sale or lease of unsold non-residential units,
you may claim the GST incurred if it is directly attributable to taxable
supplies made or to be made and if all the other conditions for claiming
input tax are satisfied.
7.2 Can I claim input tax on the purchase of land?
7.2.1 Where the land is purchased for non-residential development, you are
allowed to claim the GST incurred on the purchase of the land for the making
of taxable supplies.
7.2.2 If the land is purchased for residential development, you are not allowed to
claim the GST as it is incurred for the making of exempt supplies. However,
an exceptional relief is granted for you to claim the GST incurred on land
purchased for residential development under regulation 41(1) of the GST
(General) Regulations.
7.2.3 For more details, please refer to our e-Tax guide on "GST Incurred on
Purchase of Land for Residential Development".
7.3 Can I claim input tax if a non-residential building is converted to residential
use?
7.3.1 You may buy a non-residential building and decide to convert it to residential
use. If the building is not demolished, you can claim the GST incurred on only
GST: Guide for Property Developer
11
the land cost. This relief is provided for under regulation 41(2) of the GST
(General) Regulations.
7.4 Do I have to return the input tax previously allowed to me?
7.4.1 You have previously been allowed input tax on the purchase of a non-
residential building. If you plan to demolish the building for a residential
development because the land has been rezoned as "Residential", you do
not have to repay to the Comptroller the input tax previously allowed to you.
7.4.2 However, if you plan to only convert the existing building to residential use,
you are required to repay to the Comptroller the input tax which you have
previously claimed.
8 Input tax claims relating to construction of mixed development
8.1 How do I claim input tax on purchases incurred in a mixed development?
8.1.1 If you are constructing a mixed development of residential and non-
residential properties, you can only claim the GST incurred attributable to the
non-residential part of the building. You have to segregate your purchases
into the following categories:-
(a) those directly for the construction of the non-residential part of the
development;
(b) those directly for the construction of the residential part of the
development;
(c) those for both the residential and non-residential parts of the
development. Such costs are termed as common costs.
The GST incurred in category (a) is claimable in full. The GST incurred in
category (b) cannot be claimed at all. The GST incurred in category (c) is
termed as residual input tax. You can claim only a portion of it based on the
apportionment formulae as shown in paragraph 8.3 below.
8.1.2 However, if your quantity surveyor is able to identify every cost item in the
development and allocate each item to the ultimate supply (i.e. either
residential or non-residential), there will be no common cost. Hence, you do
not have to apply the apportionment formulae for residual input tax.
8.2 What are the common costs incurred for the residential and non-residential
part of the development?
8.2.1 Examples of common development cost items are site clearance, temporary
site offices, driveway and piling for a mixed-use building, as well as
professional fees payable to the architect and quantity surveyor. Common
overheads for the mixed development include the site office running costs,
costs of show units and marketing costs.
GST: Guide for Property Developer
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8.3 How to apportion residual input tax?
8.3.1 During the development stage, all residual input tax shall be apportioned by
the development charge (DC) formula as shown below:
DC
Formula:
GFA3 (Non-residential4) x DC Rate5 (Non-residential)
X
Residual Input Tax
[GFA (Non-residential) x DC Rate (non-residential)] +
[GFA (Residential) x DC Rate (Residential)]
8.3.2 Where there are more than 2 components in different use groups with
different DC rates in a mixed development, the DC formula has to be modified
to take into account all use groups. Please refer to the working example of
input tax apportionment in Annex A.
8.3.3 After TOP has been issued, if you have any remaining progressive billings
from the main contractor and professionals, you will continue to use the DC
formula to apportion the residual input tax for construction costs.
8.3.4 If you undertake a mixed development jointly with other developers, you may
also apply the DC formula (based on the GFA for the entire development) to
apportion the residual input tax to determine the recoverable residual input
tax.
8.3.5 As for administrative overheads and marketing costs incurred after TOP, the
residual input tax shall be apportioned based on the ratio of taxable supplies
to total supplies (referred to as the “ratio formula”) as shown below. You have
to apply the ratio formula from the accounting period in which TOP is
obtained.
Ratio Formula:
Value of taxable supplies6
X
Residual input tax
Value of total supplies7
3
GFA the current Gross Floor Area approved by the URA.
4
For common areas, apportionment has to be performed to allocate these common areas into non-
residential and residential portions.
5
DC Rate the rate for the time being specified in Part II of the First Schedule to the Planning
(Development Charges) Rules corresponding to the appropriate geographical sector of the building
and the use group as specified in Part I of the First Schedule to the Planning (Development
Charges) Rules within which such purpose falls.
6
You may add Regulation 33 exempt supplies to the numerator if you are not a Regulation 34 trader
and you satisfy Regulation 35 of the GST (General) Regulations. Please refer to our e-Tax guide
on GST: Partial Exemption and Input Tax Recoveryfor more information on Regulations 33, 34
and 35. For a mixed property developer, the value of your exempt supplies from the sale/lease of
the residential units in each accounting period would most likely exceed the limit under Regulation
35. If so, you cannot claim input tax incurred on your Regulation 33 exempt supplies (if any) and
you cannot add your Regulation 33 exempt supplies (if any) to the numerator of the ratio formula.
7
Total supplies = Standard-rated supplies + Zero-rated supplies + Exempt supplies. You may deduct
from the denominator the value of exempt supplies approved by the Comptroller as incidental
exempt supplies.
GST: Guide for Property Developer
13
8.3.6 The residual input tax recovery rate computed using either the DC formula
or ratio formula must be rounded off to the nearest whole number.
8.3.7 In situations where there will be more than one TOP issued for the
development, you can apply the ratio formula to apportion the residual input
tax after you have obtained all the TOPs for the development.
8.4 Which GFA shall I use?
8.4.1 You should adopt the latest gross floor area ("GFA") approved by Urban
Redevelopment Authority to compute the portion of residual input tax
claimable. However, as a concession, if there are subsequent changes in the
GFA, you do not have to make retrospective adjustments for input tax claims
already made.
8.4.2 If you receive a new written permission (“WP”) during your prescribed
accounting period, the GFA to be used for that period will be based on the
approved GFA in the new WP.
8.4.3 If there is more than one building in a development, you can aggregate the
GFA of all the buildings to compute the portion of residual input tax claimable.
8.4.4 If you undertake more than one development at the same time, you will have
to attribute the residual input tax incurred. If the residual input tax can be
attributed to a single development, you will have to apply the GFA of that
development to compute the portion of recoverable residual input tax. If the
residual input tax cannot be attributed to a specific development and is
incurred for the purpose of the business, you can aggregate the GFA of all
your developments to compute the recoverable residual input tax.
8.5 How do I claim the input tax on construction costs relating to the carparks?
8.5.1 If the GFA submitted to URA does not include the carpark areas, you can
apportion the construction costs of carparks by the number of carpark lots.
8.5.2 You can claim the portion of input tax incurred on the number of carpark lots
reserved for the office and shop tenants, but not those specifically reserved
for residents.
8.5.3 As for the unreserved carpark lots, you should treat the cost as common
costs and claim a portion of the cost based on the DC formula.
8.5.4 The following example illustrates how you can claim input tax relating to the
construction of basement carparks.
GST: Guide for Property Developer
14
Example 2
A GST-registered developer, D2 Pte Ltd has incurred GST on the construction of
carparks in respect of a mixed development comprising office, retail outlets and
residences.
Based on the development plan, 40 carpark lots are reserved for the office tenants
and the remaining 60 lots at Basement 1 are to be used by shoppers, office/retail
tenants, residents and visitors of the residents.
100 carpark lots at Basement 2 are reserved for the residents. When determining
the amount of input tax to be claimed in respect of the non-residential
development, apportionment should be performed using the number of carpark
lots. As the 60 lots at Basement 1 are unreserved carpark lots, D2 Pte Ltd should
treat the costs to construct Basement 1 as common and claim a portion of the input
tax on the construction costs based on the DC formula.
Basement 1 40 lots reserved for office tenants
60 lots for shoppers / office & retail tenants / residents / visitors to
residents
Basement 2 100 lots reserved for residents
Construction costs relating to the 2 basement carparks
(e.g. excavation, concrete works, waterproofing, sawn formwork)
$1.6 million
Total number of carpark lots on basements 1 and 2
200
Input Tax directly attributable to
the making of taxable supplies
(Office tenants)
=
$1.6 million
X
40
X
7% GST
200
=
$22,400
Residual Input Tax
=
$1.6 million
X
60
X
7% GST
200
=
$33,600 (to be apportioned using DC formula)
8.6 Can I defer residual input tax claims until when I make taxable supplies?
8.6.1 If you do not make any taxable supply in any prescribed accounting period
after TOP has been granted, you can claim input tax incurred in relation to
the non-residential properties only. You cannot claim any portion of residual
input tax incurred on common administrative overheads and marketing costs
because there is no taxable supply made and the recovery rate derived from
the ratio formula is zero. You cannot defer the claims to the next accounting
period.
GST: Guide for Property Developer
15
8.7 Do I need to make a longer period adjustment?
8.7.1 Before TOP is granted, you will apply the DC formula to apportion all the
residual input tax. If the DC rate or GFA changes, as a concession, you do
not have to perform longer period adjustment to re-compute the input tax
claimable.
8.7.2 However, after TOP has been granted, you will apply the ratio formula to
apportion the residual input tax incurred on common administrative
overheads and marketing costs. As your supplies fluctuate from quarter to
quarter, the residual input tax recovery rate varies. Hence, you are required
to make a longer period adjustment on the residual input tax after the end of
every longer period to make adjustments to the input tax provisionally
allowed (please refer to paragraph 8.8 for the definition of longer period).
8.7.3 You will use the ratio formula to re-compute the residual input tax claimable
for each longer period. The difference in the amount claimable for the longer
period and the amount previously claimed during the longer period (whether
an over-claim or under-claim) should be adjusted in the first GST return
immediately after the longer period.
8.7.4 Please refer to Annex B for an illustration of a longer period adjustment.
8.8 How to determine longer period?
8.8.1 For the purpose of adjusting the residual input tax relating to a mixed
development, the first longer period shall be taken to commence from the
accounting period in which TOP was obtained to the end of your tax year. All
subsequent longer periods shall correspond to your tax years. Your tax year
commences from 1 Apr, 1 May or 1 Jun, depending on the prescribed
accounting period allocated to the company.
For example:
Your Prescribed Accounting Periods:
Your Tax Year covers:
Jan-Mar, Apr-Jun, Jul-Sep & Oct-Dec
1 Apr to 31 Mar of subsequent year
Feb-Apr, May-Jul, Aug-Oct & Nov-Jan
1 May to 30 Apr of subsequent year
Mar-May, Jun-Aug, Sep-Nov & Dec-Feb
1 Jun to 31 May of subsequent year
9 De-registration for GST
9.1 If you have a non-residential property on which input tax has been allowed
and claimed on its purchase, you have to deem a supply on this property
when you de-register from GST. You have to account for output tax at the
prevailing GST rate based on the open market value of the property. The
deemed supply must be accounted in your final GST return, GST F8.
GST: Guide for Property Developer
16
10 Contact Information
For enquiries on this e-Tax guide, please contact:
Goods & Services Tax Division
Inland Revenue Authority of Singapore
55 Newton Road
Singapore 307987
Tel: 1800 356 8633
Fax: (+65) 6351 3553
Email: gst@iras.gov.sg
GST: Guide for Property Developer
17
11 Updates and Amendments
Date of
amendment
Amendments made
1
1 Jan 2018
Amended paragraphs 4.2, 4.3 and 4.6 to reflect
the amendments to the time of supply rules with
effect from 1 Jan 2011.
Amended paragraphs 4.9 and 7.4.1 on the
definition of residential properties.
Inserted paragraph 7.1 on eligibility of input tax
claims incurred on maintenance charges and
marketing fees.
Updated examples in Annexes A and B.
Editorial amendments.
GST: Guide for Property Developer
18
Annex A Illustration of the application of DC formula
ABC Development Pte Ltd
8
is developing a mixed-use building consisting of both
residential and non-residential units. The details of the development are as follows:
(a) Proposed Development: Erection of a 10-storey building comprising hotel,
shops, offices and residential units
(b) Master Plan: Land Zoning - Commercial and Residential
DC Sector - 113
(c) Applicable DC Rates
9
:
Period
(w.e.f.)
Non-residential DC Rate
Residential DC Rate10
Shops and offices
(Use Group A)
Hotel
(Use Group C)
Residential units
(Use Group B2)
1 Mar 2016
7560
4060
3570
1 Sep 2016
7560
4060
3920
(d) Approved Gross Floor Area: Non-residential (hotel) = 4500m2
Non-residential (shops, offices) = 5500m2
Residential = 8500m2
Total = 18500m2
(e) Input Tax Incurred on Construction Costs:
Quarter ended
Input Tax Attributable to
Residual
Input Tax
($)
Taxable Supply
($)
Exempt Supply
($)
31 Mar 2016
600,000
400,000
50,000
30 Sep 2016
800,000
500,000
15,000
Calculation of the Recovery Rate
11
for Residual Input Tax
(Application of DC Formula per paragraph 8.3.1)
(i) For prescribed accounting periods from 1 Jan 2016 to 30 Jun 2016
(4500 X 4060) + (5500 X 7560)
X 100%
(4500 X 4060) + (5500 X 7560) + (8500 X 3570)
= 66% (rounded off to nearest whole number)
8
Assume that ABC Development Pte Ltd’s GST filing cycle begins on 1 Jan, 1 Apr, 1 Jul and 1 Oct.
9
DC rates are updated every 1 Mar and 1 Sep of the year. The DC table that is operative at the end
of each prescribed accounting period must be used.
10
Assume it is a non-landed residential building. Thus, the DC rate for use group B2 is used.
11
The computed residual input tax recovery rate must be rounded off to the nearest whole number
as provided for under regulation 29(4) of the GST (General) Regulations.
GST: Guide for Property Developer
19
(ii) For prescribed accounting periods from 1 Jul 2016 to 31 Dec 2016
(4500 X 4060) + (5500 X 7560)
X 100%
(4500 X 4060) + (5500 X 7560) + (8500 X 3920)
= 64% (rounded off to nearest whole number)
Based on the above, ABC Development Pte Ltd is allowed to claim 66% of the residual
input tax incurred in the periods from 1 Jan 2016 to 30 Jun 2016 and 64% of the residual
input tax incurred in the periods from 1 Jul 2016 to 31 Dec 2016.
Calculation of Total Input Tax Recoverable
(i) For prescribed accounting period from 1 Jan 2016 to 31 Mar 2016
Residual Input Tax Recoverable
=
66% X $50,000
=
$33,000
Total Input Tax Recoverable
=
$600,000 + $33,000
=
$633,000
(ii) For prescribed accounting period from 1 Jul 2016 to 30 Sep 2016
Residual Input Tax Recoverable
=
64% X $15,000
=
$9,600
Total Input Tax Recoverable
=
$800,000 + $9,600
=
$809,600
GST: Guide for Property Developer
20
Annex B Illustration of the application of Longer Period Adjustment
ABC Development Pte Ltd
12
has developed a mixed-use building consisting of both
residential and non-residential units and obtained TOP for the building on 15 Aug
2016. The company only makes taxable supplies from the sales of the commercial
units and its exempt supplies relate only to the sales of the residential units. The tax
year of ABC Development Pte Ltd is 1 Apr 2016 to 31 Mar 2017. The first longer
period after TOP is 1 Jul 2016 to 31 Mar 2017.
Supplies made in the Tax Year
Period ending
30 Jun 2016
30 Sep 2016
31 Dec 2016
31 Mar 2017
Total
(For Longer Period)
Standard-rated supplies
$ 250,000
-
$ 400,000
$ 550,000
$ 950,000
Zero-rated supplies
-
-
-
-
-
Exempt supplies
-
$ 650,000
$ 800,000
$ 750,000
$2,200,000
Total Supplies
$ 250,000
$ 650,000
$1,200,000
$1,300,000
$3,150,000
Residual Input Tax
Period ending
30 Jun 2016
30 Sep 2016
31 Dec 2016
31 Mar 2017
Total
(For Longer Period)
(A) Construction Costs
(i) Before apportionment
$20,000
$15,000
-
$25,000
$40,000
Residual Input Tax Recovery Rate
computed based on DC Formula
under regulation 29(2)(d)(ii) 13
66%
64%
64%
66%
(ii) Residual Input Tax claimable
(After apportionment)
$13,200
$9,60014
-
$16,500
$26,100
(B) Non-Construction Costs
(i) Before apportionment
$5,000
$3,500
$7,000
$4,500
$15,000
Residual Input Tax Recovery Rate
computed based on Ratio Formula
under regulation 29(2)(d)(i) 15
N.A. *
0%
33%
42%
30%
(ii) Residual Input Tax
provisionally allowed
(After apportionment)
$3,300 *
016
$2,310
$1,890
$ 4,200
Total Residual Input Tax
provisionally claimed
in GST returns: (Aii) + (Bii)
$16,500
$9,600
$2,310
$18,390
$30,300
12
Assume that ABC Development Pte Ltd’s GST filing cycle begins on 1 Jan, 1 Apr, 1 Jul and 1 Oct.
13
Refer to Annex A for computation of recovery rates for periods ending 30 Jun 2016, 30 Sep 2016
and 31 Dec 2016.
14
Allowable Residual Input Tax on construction costs after TOP continues to be apportioned using
the DC formula.
15
Application of Ratio Formula per paragraph 8.3.5 whereby the recovery rate is calculated using:
(standard-rated supplies + zero-rated supplies) / total supplies.
16
Allowable Residual Input Tax on non-construction costs have to be apportioned using the ratio
formula for the period in which TOP is obtained, and for subsequent periods.
TOP 15 Aug 2016
First longer period after TOP
GST: Guide for Property Developer
21
* Before obtaining TOP, all residual input tax (including those incurred on general
overheads) must be apportioned using the DC formula, provided that there are no other
types of supplies in addition to the construction of the mixed development. Hence, the
residual input tax claimable in the period ending 30 Jun 2016 is $3,300 (being $5,000 X
66%).
Application of Longer Period Adjustment on Non-Construction Costs
(1)
Taxable Supplies
=
$ 950,000
= 30% (rounded off to nearest whole number)
Total Supplies
$3,150,000
(2)
Allowable Residual Input Tax
on Non-Construction Costs
= 30% x ($3,500 + $7,000 + $4,500) = $4,500
(3)
Additional input tax to be claimed in
the GST return immediately
following the end of the longer period
i.e. in the period ending 30 Jun 2017
=
$4,500 ($2,310 + $1,890)
=
$300 (Under-claimed)

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