# legal_provisions

document_id: ecdca-2017
provision_ref: s17
chapter: PART 2 - LICENSING OF EARLY CHILDHOOD
section: 17
title: Directions concerning safety, wellbeing, etc., of children
content:
17. —(1) The Chief Licensing Officer may (without compensation) give a direction to a licensee if the Chief Licensing Officer has reasonable grounds to believe that there are circumstances that may endanger, or are likely to endanger, the safety, wellbeing and welfare of children or other individuals at an early childhood development centre. (2) Any direction given under subsection (1) — ( a ) may require the licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified in the direction or are of a description as specified in the direction; ( b ) takes effect at the time (being the earliest practicable time) determined by or under that direction; and ( c ) may be varied or revoked at any time by the Chief Licensing Officer. (3) To avoid doubt, the direction may require a licensee to stop the operation of an early childhood development centre, or any part of an early childhood development centre, until the Chief Licensing Officer is satisfied that the circumstances mentioned in subsection (1) no longer exist. (4) Before giving a direction under subsection (1) to a licensee, the Chief Licensing Officer must, unless the Chief Licensing Officer in respect of any particular direction considers that it is not practicable or desirable, give notice to the licensee — ( a ) stating that the Chief Licensing Officer proposes to give the direction and the effect of the proposed direction; and ( b ) specifying the time within which written representations to the proposed direction may be made, and the Chief Licensing Officer must consider the written representations which are duly made. (5) A direction given under subsection (1) need not be published in the Gazette . (6) Every licensee must comply with a direction given to the licensee under this section. (7) A licensee who fails to comply with a direction given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: ecdca-2017
provision_ref: s18
chapter: PART 2 - LICENSING OF EARLY CHILDHOOD
section: 18
title: Directions when licence expires, etc.
content:
18. —(1) This section applies where — ( a ) a licence expires, or is expiring but no application to renew the licence is made before the renewal deadline mentioned in section 7(4)( a ); ( b ) a licence is transferred under section 13; ( c ) a licensee ceases to operate the early childhood development centre specified in the licence or surrenders the licence, or gives notice under section 14 of the cessation of the operation of the centre or surrender of the licence; ( d ) a licence lapses under section 15(1)( b ) or ( c ); ( e ) a licensee is given notice under section 16 of the revocation, or shortening of the term, of the licence; or ( f ) a licensee is given a direction under section 17 to cease the operation of an early childhood development centre, or any part of an early childhood development centre. (2) The purpose of this section is to secure the orderly cessation by a licensee of the operation of an early childhood development centre with minimal disruption to the children attending the centre. (3) The Chief Licensing Officer may (without compensation), for the purpose of this section, give directions to one or more of the following persons: ( a ) the licensee; ( b ) a key appointment holder of the licensee; ( c ) if there is no key appointment holder of the licensee who is able to comply with the directions, any person who was a key appointment holder of the licensee in the period of 6 months immediately preceding the date of the relevant event in subsection (1). (4) Without limiting subsection (3), the Chief Licensing Officer may (without compensation) give all or any of the following directions under that subsection: ( a ) the licensee must inform, in writing, the parents or guardian of every child who attends the affected centre, and every employee of the licensee or other person deployed at the affected centre, of the relevant event in subsection (1); ( b ) the licensee must not enrol any more children in the affected centre; ( c ) the licensee must not collect any deposit or fee in respect of any child attending the affected centre; ( d ) the licensee must refund to the parents or guardian any deposit or fee due to them before the affected centre ceases operations; ( e ) the licensee must return the licence to the Chief Licensing Officer; ( f ) the licensee must submit, within the prescribed period after the cessation of the affected centre’s operation, such audited statement of subsidy as may be required by the Chief Licensing Officer; ( g ) the licensee must provide the Chief Licensing Officer with such assistance as may be specified by the Chief Licensing Officer in respect of alternative care or education arrangements for the children who attend the affected centre; ( h ) any other direction that the Chief Licensing Officer thinks is necessary to ensure the orderly cessation by the licensee of the operation of the affected centre so as to cause minimal disruption to the children who attend the affected centre, which may include a direction for the continued operation of the affected centre for such period after the expiry or revocation of the licence as the Chief Licensing Officer may specify. (5) In giving a direction under subsection (3), the Chief Licensing Officer may specify the period within which the direction must be complied with. (6) A person who, without reasonable excuse — ( a ) fails to comply with a direction given under subsection (3); or ( b ) fails to comply with a direction given under subsection (3) within the period specified by the Chief Licensing Officer, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (7) In this section, “licensee” includes a person who has ceased to hold a licence.


document_id: ecdca-2017
provision_ref: s19
chapter: PART 2 - LICENSING OF EARLY CHILDHOOD
section: 19
title: Disqualification of key appointment holders
content:
19. —(1) Despite the provisions of any other written law, a person must not, without the written consent of the Chief Licensing Officer, act or continue to act as a key appointment holder for any licensee of an early childhood development centre if — ( a ) the person is convicted of an offence under this Act; ( b ) the person is convicted, whether in Singapore or elsewhere, of an offence involving dishonesty or the conviction for which involved a finding that the person had acted dishonestly; ( c ) the person is convicted of a prescribed offence, whether the offence was committed before, on or after the date the offence is prescribed; ( d ) the person is or has been a director of, or directly concerned in the management of — (i) an early childhood development centre for which a licence has been refused or is revoked; (ii) a child care centre for which a licence under the repealed Act was, under that Act, refused or revoked; or (iii) a kindergarten for which registration under the Education Act 1957 has been refused or cancelled; ( e ) the person is a teacher whose registration under the Education Act 1957 has been cancelled; ( f ) the person was prohibited under the repealed Act from being employed at a child care centre; ( g ) the person has, under this Act, been refused approval to be deployed at an early childhood development centre or has had his or her approval cancelled (except where the cancellation is due to the centre ceasing to exist); or ( h ) the person does not satisfy any of the prescribed criteria for a key appointment holder of a licensee. (2) Where the Chief Licensing Officer’s consent under this section is sought, the Chief Licensing Officer or an authorised officer may — ( a ) carry out such inquiries and investigations into the person who is to act or continue to act as a key appointment holder, as are necessary for a proper consideration by the Chief Licensing Officer of the matter; and ( b ) request that the person provide, within a specified time, any additional information that the Chief Licensing Officer requires for a proper consideration of the matter. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (4) Any licensee who knowingly allows a person to act or continue to act as a key appointment holder of the licensee in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: ecdca-2017
provision_ref: s20
chapter: PART 2 - LICENSING OF EARLY CHILDHOOD
section: 20
title: Use of premises for other purpose
content:
20. —(1) Subject to subsection (2), the licensee of an early childhood development centre must not, during that centre’s operating hours as specified in the licensee’s licence, use that centre for any purpose other than for the ordinary conduct and business of an early childhood development centre. (2) The Chief Licensing Officer may, subject to such conditions as the Chief Licensing Officer may impose, permit the licensee of an early childhood development centre to receive children who are 7 years of age or older but below 14 years of age at that centre for the purpose of providing them with care or education, or care and education, during that centre’s operating hours.


document_id: ecdca-2017
provision_ref: s21
chapter: PART 2 - LICENSING OF EARLY CHILDHOOD
section: 21
title: Register of licensees
content:
21. The Chief Licensing Officer must cause to be kept and maintained a register of licensees, in the form and manner and containing the information the Chief Licensing Officer thinks fit.


document_id: ecdca-2017
provision_ref: s22
chapter: PART 3 - APPROVAL FOR PERSONS PERFORMING DUTIES AT
section: 22
title: Prescribed duties or classes of duties
content:
22. For the purposes of this Part, the Minister may prescribe the duties or classes of duties that require approval under section 23.


document_id: ecdca-2017
provision_ref: s23
chapter: PART 3 - APPROVAL FOR PERSONS PERFORMING DUTIES AT
section: 23
title: Approval for performance of, and deployment of individuals to perform, prescribed duties
content:
23. A licensee of an early childhood development centre must not perform, and must not deploy an individual to perform, at that centre any prescribed duty or prescribed class of duties relating to — ( a ) the provision of care or education to children at that centre; or ( b ) the operation of that centre, unless the performance by that licensee of, or deployment of that individual to perform (as the case may be), the prescribed duty or prescribed class of duties at that centre is with the approval of the Chief Licensing Officer.


document_id: ecdca-2017
provision_ref: s24
chapter: PART 3 - APPROVAL FOR PERSONS PERFORMING DUTIES AT
section: 24
title: Application for approval
content:
24. —(1) An application for approval to perform, or to deploy an individual to perform, any prescribed duty or prescribed class of duties at an early childhood development centre must be made by the licensee of that centre to the Chief Licensing Officer in accordance with this section. (2) An application under subsection (1) must state the prescribed duty or duties, or the prescribed class or classes of duties, for which approval is sought and — ( a ) be in the form and manner required by the Chief Licensing Officer; ( b ) be accompanied by a non‑refundable application fee (if prescribed) paid in the manner required by the Chief Licensing Officer; and ( c ) be accompanied by any information the Chief Licensing Officer requires to determine the application. (3) The Chief Licensing Officer or an authorised officer may — ( a ) carry out such inquiries and investigations in relation to an application under subsection (1) as are necessary for a proper consideration by the Chief Licensing Officer of the application; and ( b ) request that the applicant provide, within a specified time, any additional information that the Chief Licensing Officer requires for a proper consideration of the application. (4) The Chief Licensing Officer may refuse an application — ( a ) that is incomplete or otherwise not made in accordance with this section; or ( b ) if the applicant fails to provide the additional information requested under subsection (3)( b ).


document_id: ecdca-2017
provision_ref: s25
chapter: PART 3 - APPROVAL FOR PERSONS PERFORMING DUTIES AT
section: 25
title: Grant of approval
content:
25. —(1) In determining whether to grant approval for a licensee to perform, or for an individual to be deployed to perform, any prescribed duty or prescribed class of duties at an early childhood development centre, the Chief Licensing Officer must have regard to, and give such weight as the Chief Licensing Officer considers appropriate to, all of the following matters: ( a ) whether the licensee or individual has the requisite professional expertise and qualifications to perform the prescribed duty or duties or prescribed class or classes of duties for which approval is sought; ( b ) whether the licensee or individual has the appropriate character and fitness; ( c ) whether the licensee or individual has been — (i) convicted of an offence under this Act; (ii) convicted, whether in Singapore or elsewhere, of an offence involving dishonesty or the conviction for which involved a finding that the licensee or individual (as the case may be) had acted dishonestly; or (iii) convicted of a prescribed offence, whether the offence was committed before, on or after the date the offence is prescribed; ( d ) whether there is any other relevant matter that makes it contrary to the public interest to grant approval. (2) For the purpose of determining whether a licensee or an individual has the requisite professional expertise and qualifications under subsection (1)( a ), the Chief Licensing Officer must have regard to, and give such weight as the Chief Licensing Officer considers appropriate to, all of the following matters: ( a ) whether the licensee or individual possesses such academic and language qualifications as the Chief Licensing Officer may specify; ( b ) whether the licensee or individual has completed such training, or passed such course or courses, as the Chief Licensing Officer may specify; ( c ) whether the licensee or individual has such working experience as the Chief Licensing Officer may specify. (3) For the purpose of determining whether a licensee or an individual has the appropriate character and fitness under subsection (1)( b ), the Chief Licensing Officer must take into account the prescribed considerations (if prescribed). (4) To avoid doubt, the Chief Licensing Officer is not confined to consideration of the matters in subsection (1) or prescribed under subsection (3) and may take into account such other matters and evidence as may be relevant. (5) An approval granted under this section for a licensee to perform, or for an individual to be deployed to perform, any prescribed duty or prescribed class of duties at an early childhood development centre — ( a ) is for the prescribed duty or duties or the prescribed class or classes of duties for which the approval is sought; and ( b ) ceases when the licensee or individual (as the case may be) ceases to perform at that centre the prescribed duty or duties or the prescribed class or classes of duties for which the approval is granted. (6) To avoid doubt, if — ( a ) the licensee intends to perform a duty or a class of duties; or ( b ) the licensee intends to deploy an individual to perform a duty or a class of duties, that is different from that for which approval is granted, a fresh application for approval must be made to the Chief Licensing Officer.


document_id: ecdca-2017
provision_ref: s26
chapter: PART 3 - APPROVAL FOR PERSONS PERFORMING DUTIES AT
section: 26
title: Conditions of approval
content:
26. —(1) In granting any approval under section 25 to any licensee, the Chief Licensing Officer may impose such conditions as the Chief Licensing Officer considers requisite or expedient having regard to the purpose of this Act. (2) The Chief Licensing Officer may impose — ( a ) conditions generally applicable in relation to all prescribed duties; ( b ) conditions specifically applicable in relation to a class of prescribed duties; or ( c ) conditions specifically applicable in relation to a particular prescribed duty. (3) In particular, an approval granted under section 25 may include conditions — ( a ) relating to the training of, and the passing of examinations or tests and obtaining of qualifications by, the licensee or individual (as the case may be) for whom the approval is granted; and ( b ) relating to the updating of the particulars of the licensee or individual (as the case may be) for whom the approval is granted. (4) Subject to subsections (5), (6) and (7), it is lawful for the Chief Licensing Officer to modify the conditions of an approval without compensating the licensee to whom and the individual for whom the approval is granted. (5) Before modifying any conditions of an approval, the Chief Licensing Officer must give notice to the licensee to whom the approval is granted — ( a ) stating that the Chief Licensing Officer proposes to make the modification in the manner specified in the notice; and ( b ) specifying the time (being at least 14 days after the date of service of the notice on the licensee) within which the licensee may make written representations to the Chief Licensing Officer with respect to the proposed modification. (6) Upon receiving any written representation mentioned in subsection (5), the Chief Licensing Officer must consider that representation and may — ( a ) reject the representation; ( b ) amend the proposed modification in such manner as the Chief Licensing Officer thinks fit having regard to the representation; or ( c ) withdraw the proposed modification. (7) Where — ( a ) the Chief Licensing Officer rejects any written representation under subsection (6)( a ); ( b ) the Chief Licensing Officer amends any proposed modification to the conditions of the approval under subsection (6)( b ); or ( c ) no written representation is received by the Chief Licensing Officer within the time specified in subsection (5)( b ), or any written representation made under that subsection is subsequently withdrawn, and the licensee has not given immediate effect to the modification, the Chief Licensing Officer must issue a direction in writing to the licensee in question requiring the licensee, within the time specified by the Chief Licensing Officer, to give effect to the modification as specified in the notice under subsection (5) or as amended by the Chief Licensing Officer, as the case may be.


document_id: ecdca-2017
provision_ref: s27
chapter: PART 3 - APPROVAL FOR PERSONS PERFORMING DUTIES AT
section: 27
title: Cancellation and suspension of approval
content:
27. —(1) Subject to subsection (3), the Chief Licensing Officer may (without compensation) cancel any approval granted under section 25, in respect of one or more or all of the prescribed duties or prescribed classes of duties on any of the following grounds: ( a ) any ground that would have entitled the Chief Licensing Officer to refuse an application for approval in respect of the licensee or individual; ( b ) the Chief Licensing Officer is not satisfied as to the character or fitness of the licensee or individual; ( c ) the licensee has, in connection with the application for approval, made a statement or provided any information or document which is false or misleading in a material particular; ( d ) the licensee or individual has contravened any of the provisions of this Act, or has been — (i) convicted of an offence under this Act; (ii) convicted, whether in Singapore or elsewhere, of an offence involving dishonesty or the conviction for which involved a finding that the licensee or individual (as the case may be) had acted dishonestly; or (iii) convicted of a prescribed offence, whether the offence was committed before, on or after the date the offence is prescribed; ( e ) the licensee fails to comply with any direction under subsection (4); ( f ) the early childhood development centre where the licensee or individual (as the case may be) performs the prescribed duty or duties or prescribed class or classes of duties ceases operations. (2) Subject to subsection (3), where — ( a ) the Chief Licensing Officer considers that one or more events mentioned in subsection (1) have occurred, but the event or events are not of sufficient gravity to cancel the approval; or ( b ) the licensee or individual (as the case may be), to whom the approval relates, has been charged with an offence under this Act or a prescribed offence, whether the offence was committed before, on or after the date the offence is prescribed, the Chief Licensing Officer may (without compensation) suspend the approval, in respect of one or more or all of the prescribed duties or prescribed classes of duties, for such period as the Chief Licensing Officer thinks fit. (3) If the Chief Licensing Officer cancels or suspends the approval under subsection (1) or (2), the Chief Licensing Officer must, without delay, serve on the licensee a notice of the cancellation or suspension, as the case may be. (4) In the case of the suspension of any approval, the Chief Licensing Officer may (without compensation), in addition to the notice under subsection (3), issue such directions to the licensee as the Chief Licensing Officer thinks fit, including but not limited to the following: ( a ) the licensee must attend, or ensure the individual who is the subject of the approval attends, such training during the period of suspension as the Chief Licensing Officer may specify; ( b ) the licensee must attend, or ensure the individual who is the subject of the approval attends, such medical or health assessment or treatment during the period of suspension as the Chief Licensing Officer may specify.


document_id: ecdca-2017
provision_ref: s28
chapter: PART 3 - APPROVAL FOR PERSONS PERFORMING DUTIES AT
section: 28
title: Notification of cessation of performance of, or deployment to perform, duty
content:
28. —(1) A licensee must notify the Chief Licensing Officer of the cessation of the performance by the licensee of any prescribed duty or prescribed class of duties, and of the deployment of any individual to perform any prescribed duty or prescribed class of duties, at the licensee’s early childhood development centre. (2) A notification under subsection (1) must be made to the Chief Licensing Officer not later than the prescribed time after the cessation of the performance or deployment (as the case may be).


document_id: ecdca-2017
provision_ref: s29
chapter: PART 4 - THIRD-PARTY EDUCATION SERVICE PROVIDERS AT
section: 29
title: Approval to engage individuals to provide educational service
content:
29. A licensee of an early childhood development centre must not engage any individual to provide, for a fee or reward, any educational service for children at that centre, unless the provision of such service by the individual is with the approval of the Chief Licensing Officer.


document_id: ecdca-2017
provision_ref: s30
chapter: PART 4 - THIRD-PARTY EDUCATION SERVICE PROVIDERS AT
section: 30
title: Application for approval
content:
30. —(1) An application for approval to engage an individual to provide, for a fee or reward, any educational service for children at an early childhood development centre must be made by the licensee of that centre to the Chief Licensing Officer in accordance with this section. (2) An application under subsection (1) must — ( a ) be in the form and manner required by the Chief Licensing Officer; ( b ) be accompanied by a non‑refundable application fee (if prescribed) paid in the manner required by the Chief Licensing Officer; and ( c ) be accompanied by any information the Chief Licensing Officer requires to determine the application. (3) The Chief Licensing Officer or an authorised officer may — ( a ) carry out such inquiries and investigations in relation to an application under subsection (1) as are necessary for a proper consideration by the Chief Licensing Officer of the application; and ( b ) request that the applicant provide, within a specified time, any additional information that the Chief Licensing Officer requires for a proper consideration of the application. (4) The Chief Licensing Officer may refuse an application — ( a ) that is incomplete or otherwise not made in accordance with this section; or ( b ) if the applicant fails to provide the additional information requested under subsection (3)( b ).


document_id: ecdca-2017
provision_ref: s31
chapter: PART 4 - THIRD-PARTY EDUCATION SERVICE PROVIDERS AT
section: 31
title: Grant of approval
content:
31. —(1) In determining whether to grant approval in relation to an application under section 30, the Chief Licensing Officer must have regard to, and give such weight as the Chief Licensing Officer considers appropriate to, all of the following matters: ( a ) whether the individual has the appropriate character and fitness; ( b ) whether the individual has been — (i) convicted of an offence under this Act; (ii) convicted, whether in Singapore or elsewhere, of an offence involving dishonesty or the conviction for which involved a finding that the individual had acted dishonestly; or (iii) convicted of a prescribed offence, whether the offence was committed before, on or after the date the offence is prescribed; ( c ) whether there is any other relevant matter that makes it contrary to the public interest to grant approval. (2) For the purpose of determining whether an individual has the appropriate character and fitness under subsection (1)( a ), the Chief Licensing Officer must take into account the prescribed considerations (if prescribed). (3) To avoid doubt, the Chief Licensing Officer is not confined to consideration of the matters in subsection (1) or prescribed under subsection (2) and may take into account such other matters and evidence as may be relevant. (4) An approval granted under this section for an individual to provide an educational service at an early childhood development centre operated by a licensee ceases when the individual ceases to be engaged by the licensee to provide the educational service.


document_id: ecdca-2017
provision_ref: s32
chapter: PART 4 - THIRD-PARTY EDUCATION SERVICE PROVIDERS AT
section: 32
title: Conditions of approval
content:
32. —(1) In granting any approval under section 31 to any licensee, the Chief Licensing Officer may impose such conditions as the Chief Licensing Officer considers requisite or expedient having regard to the purpose of this Act. (2) In particular, an approval granted under section 31 may include conditions — ( a ) relating to the training of, and the passing of examinations or tests and obtaining of qualifications by, the individual for whom the approval is granted; and ( b ) relating to the updating of the particulars of the individual for whom the approval is granted. (3) Subject to subsections (4), (5) and (6), it is lawful for the Chief Licensing Officer to modify the conditions of an approval without compensating the licensee to whom and the individual for whom the approval is granted. (4) Before modifying any conditions of an approval, the Chief Licensing Officer must give notice to the licensee to whom the approval is granted — ( a ) stating that the Chief Licensing Officer proposes to make the modification in the manner specified in the notice; and ( b ) specifying the time (being at least 14 days after the date of service of the notice on the licensee) within which the licensee may make written representations to the Chief Licensing Officer with respect to the proposed modification. (5) Upon receiving any written representation mentioned in subsection (4), the Chief Licensing Officer must consider that representation and may — ( a ) reject the representation; ( b ) amend the proposed modification in such manner as the Chief Licensing Officer thinks fit having regard to the representation; or ( c ) withdraw the proposed modification. (6) Where — ( a ) the Chief Licensing Officer rejects any written representation under subsection (5)( a ); ( b ) the Chief Licensing Officer amends any proposed modification to the conditions of the approval under subsection (5)( b ); or ( c ) no written representation is received by the Chief Licensing Officer within the time specified in subsection (4)( b ), or any written representation made under that subsection is subsequently withdrawn, and the licensee has not given immediate effect to the modification, the Chief Licensing Officer must issue a direction in writing to the licensee in question requiring the licensee, within the time specified by the Chief Licensing Officer, to give effect to the modification as specified in the notice under subsection (4) or as amended by the Chief Licensing Officer, as the case may be.


document_id: ecdca-2017
provision_ref: s33
chapter: PART 4 - THIRD-PARTY EDUCATION SERVICE PROVIDERS AT
section: 33
title: Cancellation of approval
content:
33. —(1) Subject to subsection (2), the Chief Licensing Officer may (without compensation) cancel any approval granted under section 31 on any of the following grounds: ( a ) any ground that would have entitled the Chief Licensing Officer to refuse an application for approval; ( b ) the Chief Licensing Officer is not satisfied as to the character or fitness of the individual for whom approval is granted to provide the educational service for children; ( c ) the licensee has, in connection with the application for approval, made a statement or provided any information or document which is false or misleading in a material particular; ( d ) the individual for whom approval is granted has contravened any of the provisions of this Act, or has been — (i) convicted of an offence under this Act; (ii) convicted, whether in Singapore or elsewhere, of an offence involving dishonesty or the conviction for which involved a finding that the individual had acted dishonestly; or (iii) convicted of a prescribed offence, whether the offence was committed before, on or after the date the offence is prescribed; ( e ) the early childhood development centre for which the approval is granted ceases operations. (2) If the Chief Licensing Officer cancels the approval under subsection (1), the Chief Licensing Officer must, without delay, serve on the licensee a notice of the cancellation.


document_id: ecdca-2017
provision_ref: s34
chapter: PART 4 - THIRD-PARTY EDUCATION SERVICE PROVIDERS AT
section: 34
title: Notice of cessation of engagement
content:
34. —(1) A licensee must notify the Chief Licensing Officer of the cessation of the engagement of any individual to provide any educational service at the licensee’s early childhood development centre. (2) A notification under subsection (1) must be made to the Chief Licensing Officer not later than the prescribed time after the cessation of the engagement of the individual.


document_id: ecdca-2017
provision_ref: s35
chapter: PART 5 - ENFORCEMENT AND MONITORING COMPLIANCE
section: 35
title: Record-keeping and giving information on quality of service
content:
35. —(1) A licensee must — ( a ) keep and retain, for such period as may be prescribed, such records that are relevant for monitoring or evaluating under this Part the quality of an aspect of early childhood development services as may be prescribed; and ( b ) give to the Chief Licensing Officer, within such period and in such manner as may be prescribed, such information that is relevant for monitoring or evaluating under this Part the quality of an aspect of early childhood development services as may be prescribed. (2) A licensee must not in purported compliance with a requirement under subsection (1) make a record of any matter or thing in a way that does not correctly record the matter or thing. (3) Any licensee who — ( a ) contravenes subsection (1)( a ) or (2); or ( b ) without reasonable excuse, contravenes subsection (1)( b ), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: ecdca-2017
provision_ref: s36
chapter: PART 5 - ENFORCEMENT AND MONITORING COMPLIANCE
section: 36
title: Codes of practice
content:
36. —(1) The Chief Licensing Officer may — ( a ) issue one or more codes of practice applicable to all licensees or the licensees of specified classes of licences; ( b ) approve as a code of practice applicable to all licensees or the licensees of specified classes of licences any document prepared by a person other than the Chief Licensing Officer, as in force at a particular time or as amended from time to time, if the Chief Licensing Officer considers the document suitable for this purpose; or ( c ) amend or revoke any code of practice issued under paragraph ( a ) or approved under paragraph ( b ), with respect to all or any of the matters in subsection (2). (2) The matters for the purposes of subsection (1) are — ( a ) the conduct of licensees; ( b ) the measures necessary for licensees to deal with any outbreak of infectious diseases, plague, epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any other public emergency; and ( c ) for licensees — (i) the management, administration and operations of early childhood development centres; (ii) the provision of early childhood development services; and (iii) the quality of any aspect of early childhood development services provided at early childhood development centres. (3) A code of practice may, in particular, specify the duties and obligations of any licensee in relation to the operation of any early childhood development centre to which the licence relates. (4) If any provision in any code of practice is inconsistent with any provision of this Act, the provision, to the extent of the inconsistency — ( a ) has effect subject to this Act; or ( b ) having regard to this Act, does not have effect. (5) Where any code of practice is issued, approved, amended or revoked by the Chief Licensing Officer under subsection (1), the Chief Licensing Officer must — ( a ) publish a notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice to every licensee to whom the code of practice applies; ( b ) specify in the notice mentioned in paragraph ( a ), the date of issue, approval, amendment or revocation, as the case may be; and ( c ) ensure that, so long as the code of practice remains in force, copies of that code of practice are available for inspection, free of charge, by licensees to whom the code of practice applies. (6) No code of practice, no amendment to any issued or approved code of practice, and no revocation of any issued or approved code of practice, has any force or effect until the notice mentioned in subsection (5) is published in accordance with that subsection. (7) A code of practice issued or approved under this section does not have any legislative effect. (8) Subject to subsection (9), every licensee must comply with the relevant codes of practice applicable to the licensee. (9) The Chief Licensing Officer may, either generally or for such time as the Chief Licensing Officer may specify, waive the application of any code of practice or any part of a code of practice issued or approved under this section to any licensee. (10) Any contravention or failure to comply by a licensee with any code of practice applicable to the licensee does not of itself render the licensee liable to criminal proceedings, but any such contravention may, in any proceedings (criminal or otherwise under this Act) in connection with an offence under this Act, be relied on by any party to those proceedings as tending to establish or negate any liability which is in question in those proceedings.


document_id: ecdca-2017
provision_ref: s37
chapter: PART 5 - ENFORCEMENT AND MONITORING COMPLIANCE
section: 37
title: Powers of entry, etc., for enforcement purpose
content:
37. —(1) The Chief Licensing Officer or an authorised officer may, for an enforcement purpose, do all or any of the following in relation to an early childhood development centre (whether or not it is the subject of a licence): ( a ) enter and inspect the centre, and inspect any equipment or other thing at the centre; ( b ) enter and search the centre, if the Chief Licensing Officer or authorised officer reasonably believes that evidence of the commission of an offence under this Act can be found at the centre; ( c ) inspect and make copies of, or take extracts from, any document or material kept at the centre; ( d ) take any document or other thing at the centre, if the Chief Licensing Officer or authorised officer considers it necessary to do so for the purpose of obtaining evidence of an offence under this Act, and for this purpose may ask an individual who is able to operate any equipment at the centre to do so for the purpose of enabling the Chief Licensing Officer or authorised officer to ascertain whether the equipment, or a disk, tape or storage device that can be used or associated with the equipment, contains information that is relevant to the enforcement purpose; ( e ) require any person whom the Chief Licensing Officer or authorised officer reasonably believes has committed an offence under this Act to provide evidence of that person’s identity; ( f ) require any person whom the Chief Licensing Officer or authorised officer reasonably believes is in possession of a document or information relevant to the enforcement purpose to take reasonable steps to produce the document or provide the information; ( g ) require any person whom the Chief Licensing Officer or authorised officer reasonably believes is acquainted with any facts or circumstances relevant to the enforcement purpose — (i) to answer any question to the best of the person’s knowledge, information and belief, immediately or at a place and time specified in writing; or (ii) to take reasonable steps to provide information or produce a document, immediately or at a place and time specified in writing; ( h ) photograph or film, or make audio recordings or make sketches, of any part of the centre or anything at the centre or of any person whom the Chief Licensing Officer or authorised officer reasonably believes is acquainted with any facts or circumstances relevant to the enforcement purpose. (2) In this section, “enforcement purpose” means — ( a ) ensuring that the provisions of this Act, the conditions imposed on a licence or for an approval granted under this Act, the provisions of any code of practice and any direction issued by the Chief Licensing Officer under this Act are being complied with; or ( b ) investigating an offence under this Act or a contravention of a provision under this Act.


document_id: ecdca-2017
provision_ref: s38
chapter: PART 5 - ENFORCEMENT AND MONITORING COMPLIANCE
section: 38
title:
Offence of obstructing, etc., Chief Licensing Officer or authorised officer in exercise of powers, etc.

content:
38. A person who, without reasonable excuse — ( a ) obstructs, hinders or delays the Chief Licensing Officer or an authorised officer in the exercise of any power under section 37; ( b ) neglects or refuses to produce a document, material or thing or to provide any information as required under section 37; or ( c ) neglects or refuses to attend before the Chief Licensing Officer or authorised officer as required under section 37, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: ecdca-2017
provision_ref: s39
chapter: PART 5 - ENFORCEMENT AND MONITORING COMPLIANCE
section: 39
title: Providing false information
content:
39. A person who makes a statement or provides any information to the Chief Licensing Officer or an authorised officer under this Act which the person knows or ought reasonably to know to be false in a material particular or misleading by reason of the omission of a material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: ecdca-2017
provision_ref: s40
chapter: PART 5 - ENFORCEMENT AND MONITORING COMPLIANCE
section: 40
title: Offences by corporations
content:
40. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation, or a member of a corporation (in the case where the affairs of the corporation are managed by its members); or (ii) an individual who is involved in the management of the corporation and is in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member was a director of the corporation; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: ecdca-2017
provision_ref: s41
chapter: PART 5 - ENFORCEMENT AND MONITORING COMPLIANCE
section: 41
title: Offences by unincorporated associations or partnerships
content:
41. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual who is involved in the management of the unincorporated association or partnership and who is in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: ecdca-2017
provision_ref: s42
chapter: PART 5 - ENFORCEMENT AND MONITORING COMPLIANCE
section: 42
title: Composition of offences
content:
42. —(1) The Chief Licensing Officer, or any authorised officer authorised in writing by the Chief Licensing Officer for the purpose of this provision, may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.


document_id: ecdca-2017
provision_ref: s43
chapter: PART 6 - APPEALS
section: 43
title: Appeal to Minister
content:
43. —(1) The former holder of a licence revoked under section 16 (called the appellant) may appeal to the Minister against the decision of the Chief Licensing Officer under that section to revoke the licence. (2) A licensee (called the appellant) who is aggrieved by any of the following decisions of the Chief Licensing Officer may appeal to the Minister against the decision: ( a ) any refusal by the Chief Licensing Officer under section 8 to renew the licensee’s licence; ( b ) any condition imposed by the Chief Licensing Officer on the licensee’s licence under section 10; ( c ) any modification of any condition of the licensee’s licence under section 11; ( d ) any provision contained in a code of practice applicable to the licensee that is issued, approved or amended by the Chief Licensing Officer under section 36; ( e ) any refusal by the Chief Licensing Officer to transfer the licensee’s licence under section 13; ( f ) any regulatory action taken against the licensee under section 16; ( g ) any direction given by the Chief Licensing Officer under section 17 or 18; ( h ) any refusal by the Chief Licensing Officer under section 25 to grant approval for the licensee to perform, or for the deployment of an individual to perform, any of the prescribed duties or prescribed classes of duties at the licensee’s early childhood development centre; ( i ) any cancellation or suspension of the Chief Licensing Officer’s approval under section 27 for the licensee to perform, or for the deployment of an individual to perform, any of the prescribed duties or prescribed classes of duties at the licensee’s early childhood development centre; ( j ) any refusal by the Chief Licensing Officer under section 31 to grant approval for the licensee to engage an individual to provide any educational service at the licensee’s early childhood development centre; ( k ) any cancellation of the Chief Licensing Officer’s approval under section 33 for the licensee to engage an individual to provide any educational service at the licensee’s early childhood development centre. (3) An applicant for a licence (called the appellant) may appeal to the Minister against any refusal by the Chief Licensing Officer under section 8 to grant the applicant the licence. (4) A person (called the appellant) who is aggrieved by any refusal by the Chief Licensing Officer under section 19 to give written consent for that person to act or continue to act as a key appointment holder for any licensee of an early childhood development centre may appeal to the Minister against the refusal. (5) An appeal under this section must be in writing and specify the grounds on which it is made, and be made within a prescribed period after the date of receipt of the decision that is appealed against. (6) The Minister may reject the appeal of an appellant who fails to comply with subsection (5). (7) The Minister may require — ( a ) a party to the appeal; or ( b ) a person who is not a party to the appeal but appears to the Minister to have any information or document that is relevant to the appeal, to provide the Minister with the information or document the Minister requires for the purpose of considering and determining the appeal. (8) A person who is required to provide any information or document under subsection (7) must provide it in such manner and within such period as the Minister may specify. (9) After consideration of an appeal, the Minister may — ( a ) reject the appeal and confirm the Chief Licensing Officer’s decision; or ( b ) allow the appeal and substitute or vary the Chief Licensing Officer’s decision. (10) The Minister’s decision on an appeal is final. (11) Every appellant must be notified of the Minister’s decision under subsection (9). (12) An appeal against the Chief Licensing Officer’s decision does not affect the operation of the decision appealed against or prevent the taking of action to implement the decision, and unless otherwise directed by the Minister, the decision appealed against must be complied with until the determination of the appeal.


document_id: ecdca-2017
provision_ref: s44
chapter: PART 6 - APPEALS
section: 44
title: Designation of others to hear appeals
content:
44. The Minister may designate the following persons to hear and determine in the Minister’s place, any appeal under section 43: ( a ) any Minister of State or Senior Minister of State, for his or her Ministry; ( b ) any Parliamentary Secretary or Senior Parliamentary Secretary, for his or her Ministry, and any reference in section 43 to the Minister includes a reference to the Minister of State or Senior Minister of State, or Parliamentary Secretary or Senior Parliamentary Secretary, so designated for that appeal.


document_id: ecdca-2017
provision_ref: s45
chapter: PART 7 - MISCELLANEOUS
section: 45
title: Preservation of secrecy
content:
45. —(1) An individual who is or has been the Chief Licensing Officer, an Assistant Chief Licensing Officer or an authorised officer must not disclose any information relating to any early childhood development centre which has been obtained by the individual in the performance of his or her duties, or in the exercise of his or her functions, under this Act, except — ( a ) with the consent of the person to whom the information relates, and if the person is a child below 7 years of age, the consent of a parent or guardian of the child; ( b ) for the purpose of the performance of his or her duties or the exercise of his or her functions under this Act; ( c ) for the purpose of assisting a law enforcement agency in the investigation of any offence under any written law; ( d ) when lawfully required to do so by any court or under the provisions of any written law; ( e ) where the disclosure is made to a public agency for the purpose of policy formulation or review; or ( f ) where the disclosure is made to a public agency and is necessary in the public interest. (2) For the purposes of this section, a reference to an individual disclosing any information includes the giving of permission by that individual for another individual to have any access to a record, document or other thing which is in that individual’s possession or under that individual’s control by virtue of that individual being or having been involved in the administration or enforcement of this Act. (3) An individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (4) In this section — “law enforcement agency” means any authority or person charged with the duty of investigating offences or charging offenders under any written law; “public agency” means the Government, including any ministry, department, agency or Organ of State.


document_id: ecdca-2017
provision_ref: s46
chapter: PART 7 - MISCELLANEOUS
section: 46
title: Protection from personal liability
content:
46. No liability shall lie personally against the Chief Licensing Officer, any Assistant Chief Licensing Officer or any authorised officer acting under the direction of the Chief Licensing Officer who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.


document_id: ecdca-2017
provision_ref: s47
chapter: PART 7 - MISCELLANEOUS
section: 47
title: Service of documents
content:
47. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other like officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other like officer of the body corporate or unincorporated association or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; or ( d ) by sending it by email to the body corporate’s or unincorporated association’s last email address. (5) Service of a document under this section takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) A document may be served on a person under this Act by email only with that person’s prior written consent. (7) This section does not apply to documents to be served in proceedings in court. (8) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes a notice permitted or required by this Act to be served; “last email address” means — ( a ) the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; or ( b ) the last email address of the addressee concerned known to the person giving or serving the document; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: ecdca-2017
provision_ref: s48
chapter: PART 7 - MISCELLANEOUS
section: 48
title: Jurisdiction of courts
content:
48. Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.


document_id: ecdca-2017
provision_ref: s49
chapter: PART 7 - MISCELLANEOUS
section: 49
title: General exemption
content:
49. —(1) The Minister may, by order in the Gazette , exempt any person or any class of persons from all or any of the provisions of this Act, subject to such terms or conditions as may be specified in the order. (2) An order under subsection (1) may provide for the exemption of any person in respect of any early childhood development centre or any class of early childhood development centres.


document_id: ecdca-2017
provision_ref: s50
chapter: PART 7 - MISCELLANEOUS
section: 50
title: Amendment of Schedule
content:
50. —(1) The Minister may, by order in the Gazette , amend the Schedule. (2) The Minister may, in an order under subsection (1), make such provisions of a saving or transitional nature consequent on the enactment of the order as the Minister considers necessary or expedient. (3) All orders made under subsection (1) are to be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ecdca-2017
provision_ref: s51
chapter: PART 7 - MISCELLANEOUS
section: 51
title: Regulations
content:
51. —(1) The Minister may make regulations for carrying out or giving effect to this Act. (2) In particular, the Minister may make regulations for any of the following: ( a ) the classes of licences and early childhood development centres; ( b ) the form and manner in which, and the time within which, an application for or in relation to a licence may be made, and the information and evidence required to be provided in connection with that application; ( c ) the form and manner in which, and the time within which, an application for the Chief Licensing Officer’s approval under this Act may be made, and the information and evidence required to be provided in connection with that application; ( d ) the carrying out of inquiries and investigations of applicants; ( e ) for early childhood development centres — (i) the duties and responsibilities of licensees; (ii) the qualifications, experience, appointment, duties, responsibilities, training and discipline of persons for the purposes of the operation, management and supervision of the centres; (iii) the admission of children to the centres, enrolment capacity, and the minimum or maximum age of children who may be admitted to any class or type of centres; (iv) the medical examination of children cared for or receiving education, and employees and other persons approved to perform duties or provide educational services at the centres; (v) the exclusion from the centres of any child, employee or other person, and measures to preserve the health and wellbeing of children, employees or other persons; (vi) the control and supervision of activities in the centres; (vii) the types and content of the curriculum and programme carried out in the centres; (viii) the adequacy, suitability and use of equipment, facilities and space in the centres; (ix) the food to be provided in the centres; (x) the keeping and maintenance of registers, records, timetables, menus and books of account, and the periods of retention; (xi) the returns, reports and other information to be submitted to the Chief Licensing Officer, the publication of the returns, reports or other information by the Chief Licensing Officer, and the periods of publication; (xii) the publication, by licensees in the form and manner determined by the Chief Licensing Officer, of information relating to the provision of care or education at the centres, including but not limited to fees, schedules, programmes, premises, and employees and persons approved to perform duties or provide educational services at the centres; (xiii) the building structure, layout, hygiene and sanitation of the centres; (xiv) the precautions to be taken against fire or other peril likely to endanger the lives or health of children cared for in the centres; (xv) service standards or other requirements, restrictions or conditions which are to apply in the provision of care or education by a licensee, employees and persons approved to perform duties or provide educational services at the centres; (xvi) the fees and other charges to be paid in respect of the services provided in the centres or otherwise on account of the attendance of children at the centres and the restriction or prohibition of any further fees and charges or of any specified fees and charges; (xvii) the methods of payment or collection of fees and charges and the restriction or prohibition of collections or subscriptions of moneys by the centres; and (xviii) the administration and computation of any Government subsidy for eligible parents of children attending the centres, the submission of applications for subsidy and the refund or recovery of any subsidy that is wrongly given; ( f ) the fees to be paid in respect of applications for and the grant, renewal or late renewal and transfer of any licence, and applications for approval, and otherwise in connection with the administration of this Act, and the waiver, reduction or refund of those fees; ( g ) the procedure for appeals under this Act; ( h ) all matters and things required or permitted to be prescribed under or for the purposes of this Act. (3) The regulations made under this section may — ( a ) allow the Chief Licensing Officer to waive any requirement of the regulations in respect of any licensee or early childhood development centre, subject to such conditions as the Chief Licensing Officer may determine; ( b ) prescribe the offences under this Act that may be compounded; and ( c ) provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both and, in the case of a continuing offence, with a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.


document_id: ecdca-2017
provision_ref: s52
chapter: PART 7 - MISCELLANEOUS
section: 52
title: Saving and transitional provision
content:
52. This Act does not affect the continued operation or force of any order or decision of the Director‑General of Social Welfare made under the repealed Act before 2 January 2019. [54


document_id: echsa-1996
provision_ref: s2
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Board” means the Housing and Development Board established under section 3 of the Housing and Development Act 1959; “commercial property” means any, or a part of any, flat, house or tenement which is permitted to be used under the Planning Act 1998 or any other written law for the purpose of carrying on any business or which is lawfully so used; “develop” means to construct or cause to be constructed any housing accommodation, including any building operations in, on, over or under any land for the purpose of erecting any housing accommodation; “developer” means a developer appointed by the Minister under section 4(1); [Act 5 of 2025 wef 09/03/2025] “executive condominium scheme” means the housing scheme established by the Minister under section 3(1); “housing accommodation” means a horizontal stratum of the whole or part of a building, whether such stratum is on one or more levels or is partially or wholly below the surface of the ground, which is wholly constructed, adapted or intended for human habitation; “minimum occupation period”, in relation to any housing accommodation under the executive condominium scheme, means a period of 5 years starting from the date of issue of the temporary occupation permit in respect of the housing accommodation; “permanent resident” means a permanent resident of Singapore as defined by section 2 of the Immigration Act 1959; [Act 31 of 2023 wef 01/12/2025] “public housing accommodation” means any housing accommodation developed and sold by the Board; “temporary occupation permit” means a permit issued under section 12 of the Building Control Act 1989; “transfer” includes a conveyance, sale, assignment, settlement, declaration of trust, assent, disposition of whatever nature, the vesting of any estate or interest in any housing accommodation by an instrument or under a vesting order of court and every instrument capable of vesting any estate or interest in any housing accommodation upon registration of such instrument by the Registrar of Titles, but does not include a mortgage, charge or reconveyance. (2) If any question arises as to whether any property is commercial property within the meaning of this Act, a certificate under the hand of the Minister to the effect that such property is or is not commercial property is conclusive evidence for all purposes; and every such certificate is final and shall not be called in question in any court. (3) The Minister may, subject to such conditions or restrictions as the Minister thinks fit, delegate to any person any of the powers conferred on the Minister under sections 4(1), 7, 8 and 9. [Act 5 of 2025 wef 09/03/2025]


document_id: echsa-1996
provision_ref: s3
section: 3
title: Executive condominium scheme
content:
3. —(1) The Minister may establish an executive condominium scheme to provide housing accommodation to such class of persons as the Minister may determine. (2) The Minister may make regulations for carrying out the provisions of this Act, including regulations for or with respect to — ( a ) the terms and conditions for the sale of any housing accommodation under the executive condominium scheme; ( b ) the persons to whom any housing accommodation may be sold under an executive condominium scheme, including but not limited to the qualifications as to income, the minimum size of the family, citizenship of and ownership of any other properties by all or any such persons; and ( c ) prescribing the penalty (such penalty, if unpaid, to constitute a debt due to the Government under the executive condominium scheme and be recoverable as such) to be paid to the Government by the following persons for non‑observance or non‑compliance with any of the restrictions, conditions or requirements of sections 5 and 9 in lieu of any action which may be taken against the person under any of those provisions: (i) any purchaser of a housing accommodation sold under the executive condominium scheme; (ii) any applicant for such housing accommodation.


document_id: echsa-1996
provision_ref: s4
section: 4
title: Appointment of developers
content:
4. —(1) The Minister may appoint one or more developers — ( a ) to develop such land as the Minister may specify; and ( b ) to sell any housing accommodation under the executive condominium scheme. [Act 5 of 2025 wef 09/03/2025] (2) An appointment under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025]


document_id: echsa-1996
provision_ref: s5
section: 5
title: Restrictions as to purchase under executive condominium scheme
content:
5. —(1) Subject to the provisions of this Act, a person is not entitled to purchase any housing accommodation under the executive condominium scheme if the person or his or her spouse has at any time — ( a ) between the date of making an application to purchase the housing accommodation and the date of issue of the temporary occupation permit in respect of the housing accommodation, owned or purchased any flat, house, building or land or has an estate or interest therein; ( b ) within 30 months immediately before the date of making an application to purchase the housing accommodation, or between the date of such application and the date of issue of the temporary occupation permit in respect of the housing accommodation, sold any flat, house, building or land of which he or she was the owner, or divested himself or herself of any estate or interest therein; ( c ) made any misrepresentation of a material fact or false statement in a material particular, whether innocently or otherwise, relating to the purchase of the housing accommodation; or ( d ) between the date of making an application to purchase the housing accommodation and the date of issue of the temporary occupation permit in respect of the housing accommodation, become ineligible to purchase the housing accommodation by virtue of any regulations made under section 3(2). (2) Where any person purchases any housing accommodation under the executive condominium scheme in contravention of subsection (1), he or she must not present for registration under the Land Titles Act 1993 the assurance of the housing accommodation. (3) Where, before the date of issue of the temporary occupation permit in respect of any housing accommodation under the executive condominium scheme, the developer is satisfied that any purchaser has contravened subsection (1) or section 7(1)( a ), the developer must — ( a ) serve a written notice upon the purchaser of the housing accommodation of its intention to lodge with the Registrar of Titles an instrument under subsection (5) for the vesting in the developer of the title to, or the estate or interest in, that housing accommodation; or ( b ) where no assurance has been registered in favour of the purchaser, serve a written notice upon the purchaser of the housing accommodation of its intention to terminate the sale and purchase agreement. (4) Any purchaser who is aggrieved by a notice served under subsection (3) may, within 14 days after service of the notice, appeal to the Minister whose decision is final and shall not be called in question in any court. (5) Where an appeal has been made to the Minister under subsection (4), the developer must not proceed to lodge any instrument for the vesting of the title to, or the estate or interest in, the housing accommodation in itself until the appeal has been disposed of. (6) The Registrar of Titles must register any instrument lodged under subsection (5) without being concerned to inquire into its regularity or validity, and upon its registration — ( a ) the title to, or the estate or interest in, the housing accommodation vests in the developer without further assurance free from all encumbrances (except for such subsisting covenants, conditions or restrictions (if any) as may be binding upon the developer); and ( b ) the Registrar of Titles must cancel the registration of any mortgage, charge or assurance thereby overreached and any caveat protecting a mortgage, charge or assurance registered or notified on the land-register. (7) Where the developer has lodged any instrument under subsection (5) in respect of any housing accommodation — ( a ) the developer must forfeit any moneys paid or deposited in respect of the purchase of the housing accommodation; and ( b ) such moneys forfeited, less any administrative and legal costs reasonably incurred by the developer in connection with the sale and resale of the housing accommodation, must be paid to the Government. (8) The Government must, after deducting a penalty not exceeding $10,000 as may be prescribed, distribute the remainder of the moneys mentioned in subsection (7)( b ) according to the order of priority prescribed under section 9(5). (9) Nothing in subsection (1) disqualifies a person from purchasing any housing accommodation under the executive condominium scheme if the person or his or her spouse has purchased or acquired, with the Minister’s prior written consent, any commercial property not exceeding $250,000 in value, or such higher value as the Minister may allow, at the time of purchase.


document_id: echsa-1996
provision_ref: s6
section: 6
title: Death of applicant before issue of temporary occupation permit
content:
6. Where any applicant for the purchase of any housing accommodation under the executive condominium scheme dies before the issue of the temporary occupation permit in respect of the housing accommodation, the developer must, unless the Minister otherwise directs, cancel the application and terminate the sale and purchase agreement (if any), and all moneys paid or deposited, less any administrative and legal costs reasonably incurred by the developer, must be refunded to the person or persons entitled to the moneys.


document_id: echsa-1996
provision_ref: s7
section: 7
title: Prohibition of transfers of housing accommodation
content:
7. —(1) Except with the Minister’s prior written consent, a person must not — ( a ) between the date an application to purchase any housing accommodation is made under the executive condominium scheme and the date of issue of the temporary occupation permit in respect of the housing accommodation; or ( b ) within the minimum occupation period, transfer the housing accommodation, or any estate or interest therein, to any other person, whether for consideration or by way of gift inter vivos or otherwise, or create any trust for sale in respect of the housing accommodation, or any estate or interest therein, in favour of any other person. (2) Any transfer made or trust created in contravention of subsection (1) is void. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: echsa-1996
provision_ref: s8
section: 8
title:
Transfer of housing accommodation on death of owner within 10 years of issue of temporary occupation permit

content:
8. —(1) The transmission on the death of the owner, whether testate or intestate, or any transfer by the personal representatives of a deceased owner of a housing accommodation under the executive condominium scheme within 10 years of the date of issue of the temporary occupation permit in respect of the housing accommodation must not be registered under the provisions of the Land Titles Act 1993 without the Minister’s prior written consent. (2) Where the Minister refuses to give his or her consent under subsection (1), the Minister may lodge an instrument with the Registrar of Titles to have the housing accommodation vested in the Board. (3) Where — ( a ) no representation has been taken out under the will or on the intestacy of a deceased owner of a housing accommodation under the executive condominium scheme within 12 months from the death of the owner; ( b ) representation has been taken out but the personal representatives do not apply for the Minister’s consent for the transmission or transfer of the housing accommodation within 6 months from the date of representation; or ( c ) the Minister’s consent for the transmission or transfer of the housing accommodation has been obtained but the transmission or transfer of the housing accommodation is not effected within the period specified by the Minister, the Minister may lodge an instrument with the Registrar of Titles to have the housing accommodation vested in the Board. (4) Where the Minister decides to lodge an instrument under subsection (2) or (3) to have the housing accommodation vested in the Board, the Minister must — ( a ) serve a written notice on the personal representatives of the deceased owner of, and on all persons known or believed to have an interest or estate in, the housing accommodation; and ( b ) in the case where no representation is taken out, serve a written notice on all persons known or believed to have an interest or estate in the housing accommodation and affix a copy of the notice on a conspicuous part of the housing accommodation, of the Minister’s intention to lodge with the Registrar of Titles an instrument of vesting under subsection (2) or (3) and of the compensation to be paid by the Board therefor and the date on which the instrument will be lodged, not being a date earlier than 28 days after the date the notice is served. (5) The Registrar of Titles must register any instrument lodged under subsection (2) or (3) without being concerned to inquire into its regularity or validity, and upon its registration — ( a ) the title to, or the estate or interest in, the housing accommodation vests in the Board without further assurance free from all encumbrances (except for such subsisting covenants, conditions or restrictions (if any) as may be binding on the Board); and ( b ) the Registrar of Titles must cancel the registration of any mortgage, charge or assurance thereby overreached and any caveat protecting a mortgage, charge or assurance registered or notified on the land‑register. (6) On the expiry of a period of 28 days after the date of service of the notice mentioned in subsection (4), where — ( a ) the personal representatives do not consent to receive the compensation; ( b ) representation has not been taken out under a will or intestacy of the deceased owner; or ( c ) there are conflicting claims to the compensation to be paid by the Board, the Board must apply to the General Division of the High Court by an originating application without notice, supported by an affidavit, for an order to deposit the amount of the compensation in court and, despite anything to the contrary in the Rules of Court for the time being in force, the General Division of the High Court may make such an order. [40/2019] [Act 25 of 2021 wef 01/04/2022] (7) The amount of compensation to be paid by the Board for any housing accommodation vested in the Board under this section and the order of priority for the payment of such compensation shall be prescribed by the Minister. (8) The Board may — ( a ) deduct, from any compensation payable in respect of any housing accommodation vested in the Board under this section, any administrative and legal costs reasonably incurred; and ( b ) withhold such compensation until the Board has taken possession of the housing accommodation. (9) Where any housing accommodation has been vested in the Board under this section, the Board may proceed to take possession of the housing accommodation on the expiry of a period of 30 days after the date a notice is served on the persons mentioned in subsection (4)( a ) and ( b ) and if any of the officers or agents of the Board is opposed or impeded in taking possession under this section of any housing accommodation, the Board may take such measures as are necessary — ( a ) to have the occupiers evicted from the housing accommodation and to enforce the surrender of the same; and ( b ) to remove all things and other movable property found in the housing accommodation. (10) Any housing accommodation vested in the Board under this section or section 9 shall be sold by the Board to such person and for such consideration as the Minister may determine.


document_id: echsa-1996
provision_ref: s9
section: 9
title: Compulsory acquisition of housing accommodation and vesting in Board
content:
9. —(1) Where any housing accommodation under the executive condominium scheme has been purchased, the Minister may direct the Board to compulsorily acquire the housing accommodation if the Minister is satisfied that — ( a ) any purchaser thereof or his or her spouse has ceased to occupy the housing accommodation within the minimum occupation period; ( b ) subject to subsection (10), any purchaser thereof or his or her spouse has at any time acquired, by operation of law or otherwise, any title to, or an estate or interest in, any flat, house, building or land; ( c ) the housing accommodation has been used otherwise than as a housing accommodation within the minimum occupation period; ( d ) any purchaser thereof has assigned, underlet or parted with the possession of the housing accommodation within the minimum occupation period without obtaining the Minister’s prior written consent; ( e ) any purchaser thereof has failed to perform or observe any term or condition contained in the agreement for the sale and purchase of the housing accommodation after the Board or the developer has served him or her a written notice drawing his or her attention to the non‑performance or non‑observance of such term or condition; ( f ) any purchaser thereof has made a misleading or false statement in his or her application for the purchase of the housing accommodation; ( g ) any purchaser thereof has made a misrepresentation of a material fact, whether innocently or otherwise, relating to the purchase of the housing accommodation; ( h ) any purchaser thereof has contravened section 7(1)( b ); ( i ) any purchaser thereof has, within the minimum occupation period, ceased to be a citizen of Singapore; or ( j ) any purchaser thereof has failed to pay to the Board any premium under section 10. (2) Where the Minister has made a direction under subsection (1) to compulsorily acquire a housing accommodation under the executive condominium scheme, the Board must serve a written notice on — ( a ) the owner of the housing accommodation; and ( b ) all persons known or believed to be interested in claiming all or any part of the compensation to be paid for the housing accommodation, stating the Board’s intention to acquire the housing accommodation and the compensation to be paid therefor. (3) The Board may — ( a ) lodge an instrument with the Registrar of Titles for the vesting in the Board of the title to, or the estate or interest in, the housing accommodation on the expiry of a period of 28 days after the date the notice mentioned in subsection (2) is served; and ( b ) in the case where no assurance has been registered in favour of the owner, serve a written notice on the owner of the housing accommodation to terminate the sale and purchase agreement and to repossess the housing accommodation. (4) The Registrar of Titles must register any instrument lodged under subsection (3) without being concerned to inquire into its regularity or validity, and upon its registration — ( a ) the title to, or the estate or interest in, the housing accommodation vests in the Board free from all encumbrances (except for such subsisting covenants, conditions or restrictions (if any) as may be binding on the Board); and ( b ) the Registrar of Titles must cancel the registration of any mortgage, charge or assurance thereby overreached and any caveat protecting a mortgage, charge or assurance registered or notified on the land‑register. (5) The Board — ( a ) may deduct, from any compensation payable under this section, any administrative and legal costs reasonably incurred; and ( b ) must hold the remainder in trust to be paid according to the order of priority prescribed by the Minister. (6) The amount of compensation to be paid by the Board for any housing accommodation compulsorily acquired by the Board under this section shall be prescribed by the Minister. (7) Where — ( a ) any person entitled to any compensation payable under this section — (i) refuses to accept it; or (ii) cannot with due diligence be found; or ( b ) there is any dispute as to the apportionment of the compensation, the Board must apply to the General Division of the High Court by an originating application without notice, supported by an affidavit, for an order to deposit the whole or a part of the amount of compensation in court and, despite anything to the contrary in the Rules of Court for the time being in force, the General Division of the High Court may make such an order. [40/2019] [Act 25 of 2021 wef 01/04/2022] (8) Where any housing accommodation has been vested in the Board under this section, the Board may proceed to take possession of the housing accommodation on the expiry of a period of 30 days after the date a notice is served on the owner thereof and if any of the officers or agents of the Board is opposed or impeded in taking possession under this section of any housing accommodation, the Board may take such measures as are necessary — ( a ) to have the occupiers evicted from the housing accommodation and to enforce the surrender of the same; and ( b ) to remove all things and other movable property found in the housing accommodation. (9) For the purpose of ascertaining whether subsection (1) has been contravened, the Minister may direct the Board to enter any housing accommodation under the executive condominium scheme at any reasonable time upon production of its authority in writing. (10) Subsection (1)( b ) does not apply to a purchaser of any housing accommodation or to his or her spouse who has purchased or acquired, with the Minister’s prior written consent, any commercial property not exceeding $250,000 in value, or such higher value as the Minister may allow, at the time of purchase. (11) For the purpose of this section, “purchaser” includes any sub‑purchaser unless the context otherwise requires.


document_id: echsa-1996
provision_ref: s10
section: 10
title: Payment of premium to Board by certain purchasers
content:
10. Where any person who purchases any housing accommodation under the executive condominium scheme had previously purchased, jointly or otherwise, any public housing accommodation from the Board, the person must pay to the Board a premium of such amount as the Board may determine.


document_id: echsa-1996
provision_ref: s11
section: 11
title: Service of orders, etc.
content:
11. —(1) Service of any order, notice, direction or a copy thereof required or authorised by this Act or any regulations made under this Act to be served is deemed to have been effected — ( a ) in the case of a natural person — if sent by registered post to his or her last known address, or if it is affixed on a conspicuous part of the housing accommodation described in such order, notice, direction or copy; and ( b ) in the case of a company, a society, an association or other organisation or body — if sent by registered post to its postal address, its registered office in Singapore or its last known place of business in Singapore, or if it is affixed on a conspicuous part of the housing accommodation described in such order, notice, direction or copy, and in either case service is deemed to be made, in the case of service by registered letter, at the time that such registered letter would in the ordinary course be delivered. (2) Any order, notice, direction or a copy thereof required or authorised by this Act or any regulations made under this Act to be served on the owner of a housing accommodation under the executive condominium scheme is deemed to be properly addressed if addressed by the description of “the owner” of the housing accommodation without further name or description.


document_id: echsa-1996
provision_ref: s12
section: 12
title: Protection from liability
content:
12. No suit or other legal proceedings shall lie or be instituted or maintained in any court for or on account of or in respect of anything which is in good faith done or intended to be done by the Government, the Board, any public officer or other person acting under the direction of the Minister in the execution or purported execution of this Act.


document_id: echsa-1996
provision_ref: s13
section: 13
title: Application of section 4 of Residential Property Act 1976
content:
13. —(1) Despite section 4 of the Residential Property Act 1976, a housing accommodation under the executive condominium scheme must not be transferred to any person who is not a citizen of Singapore except in the following circumstances: ( a ) to any permanent resident on the expiry of the minimum occupation period; ( b ) to any person 5 years after the expiry of the minimum occupation period. (2) Any transfer made in contravention of subsection (1) is void. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: echsa-1996
provision_ref: s14
section: 14
title: Exemption
content:
14. The Minister may, subject to such terms or conditions as the Minister may impose, exempt any person or class of persons from all or any of the provisions of this Act or any regulations made under this Act.


document_id: ecpoja-1979
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “civil proceedings”, in relation to the requesting court, means proceedings in any civil or commercial matter but does not include proceedings arising out of any fiscal, monetary or revenue law or measure; “property” includes any land, chattel or other corporeal property of any description; “request” includes any commission, order or other process issued by or on behalf of the requesting court; “requesting court” has the meaning given to it in section 3.


document_id: ecpoja-1979
provision_ref: s3
section: 3
title:
Application to General Division of High Court for assistance in obtaining evidence to be used abroad

content:
3. Where an application is made to the General Division of the High Court for an order for evidence to be obtained in Singapore and the General Division of the High Court is satisfied that — ( a ) the application is made pursuant to a request issued by or on behalf of a court or tribunal (called in this Act the requesting court) exercising jurisdiction in a country or territory outside Singapore; and ( b ) the evidence to which the application relates is to be obtained for the purposes of civil proceedings which either have been instituted before the requesting court or whose institution before that court is contemplated, the General Division of the High Court has the powers conferred on it by this Act. [40/2019]


document_id: ecpoja-1979
provision_ref: s4
section: 4
title: Power of General Division of High Court to give effect to application for evidence
content:
4. —(1) Subject to this section, the General Division of the High Court has power, on any such application referred to in section 3, by order to make such provision for obtaining evidence in Singapore as may appear to the General Division of the High Court to be appropriate for the purpose of giving effect to the request pursuant to which the application is made; and any such order may require a person specified in the order to take such steps as the General Division of the High Court may consider appropriate for that purpose. [40/2019] (2) Without limiting subsection (1) but subject to this section, an order under this section may, in particular, provide for — ( a ) the examination of witnesses, either orally or in writing; ( b ) the production of documents; ( c ) the inspection, photographing, preservation, custody or detention of any property; ( d ) the taking of samples of any property and the carrying out of any experiments on or with any property; ( e ) the medical examination of any person; and ( f ) without affecting paragraph ( e ), the taking and testing of samples of blood from any person. (3) An order under this section must not require any particular steps to be taken unless they are steps which can be required to be taken by way of obtaining evidence for the purposes of civil proceedings in the General Division of the High Court (whether or not they are proceedings of the same description as those to which the application for the order relates); but this subsection does not preclude the making of an order requiring a person to give testimony (either orally or in writing) otherwise than on oath where this is asked for by the requesting court. [40/2019] (4) An order under this section shall not require a person — ( a ) to state what documents relevant to the proceedings to which the application for the order relates are or have been in the person’s possession, custody or power; or ( b ) to produce any documents other than particular documents specified in the order as being documents appearing to the General Division of the High Court to be, or to be likely to be, in the person’s possession, custody or power. [40/2019] (5) A person who, by virtue of an order under this section, is required to attend at any place is entitled to the like payment for expenses and loss of time as on attendance as a witness in civil proceedings before the General Division of the High Court. [40/2019]


document_id: ecpoja-1979
provision_ref: s5
section: 5
title: Privilege of witnesses
content:
5. —(1) A person is not compelled by virtue of an order under section 4 to give any evidence which the person could not be compelled to give — ( a ) in civil proceedings in the General Division of the High Court in Singapore; or ( b ) subject to subsection (2), in civil proceedings in the country or territory in which the requesting court exercises jurisdiction. [40/2019] (2) Subsection (1)( b ) does not apply unless the claim of the person in question to be exempt from giving the evidence is either — ( a ) supported by a statement contained in the request (whether it is so supported unconditionally or subject to conditions that are fulfilled); or ( b ) conceded by the applicant for the order, and where such a claim made by any person is not so supported or conceded as provided in paragraph ( a ) or ( b ), the person may (subject to the other provisions of this section) be required to give the evidence to which the claim relates but that evidence is not to be transmitted to the requesting court if that court, on the matter being referred to it, upholds the claim. (3) Without affecting subsection (1), a person is not compelled by virtue of an order under section 4 to give any evidence if the person’s doing so would be prejudicial to the security of Singapore, and a certificate signed by or on behalf of the Minister to the effect that it would be so prejudicial for that person to do so is conclusive evidence of that fact. (4) In this section, references to giving evidence include references to answering any question and to producing any document and the reference in subsection (2) to the transmission of evidence given by a person is to be construed accordingly.


document_id: ecpoja-1979
provision_ref: s6
section: 6
title: Rules of Court
content:
6. The power of the Rules Committee to make Rules of Court under section 80 of the Supreme Court of Judicature Act 1969 includes the power to make Rules of Court — ( a ) as to the manner in which any application mentioned in section 3 is to be made; ( b ) subject to the provisions of this Act, as to the circumstances in which an order can be made under section 4; and ( c ) as to the manner in which any reference referred to in section 5(2) is to be made.


document_id: eda-1929
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “accountable person” means an executor or any other person upon whom there is imposed under the provisions of this Act any duty or liability to deliver to the Commissioner an estate duty return or an estate duty account or to pay any estate duty or to make any other payment leviable in consequence of the death of any person, or from whom any payment under this Act is leviable; “Commissioner” means the Commissioner of Estate Duties appointed under section 4(1) and includes a Deputy Commissioner of Estate Duties; “disposition” includes any trust, covenant, agreement or arrangement; “encumbrances” includes mortgages and terminable charges; “estate duty” means estate duty leviable under this Act; “estate duty return” means the return, together with the accounts annexed thereto, determined under section 35; “executor” means the executor or administrator of a deceased person, and includes, as regards any obligation under this Act — ( a ) any person who takes possession of or intermeddles with the property of a deceased person; and ( b ) any person who has applied or is entitled to apply to any court for the grant or resealing of probate or letters of administration in respect of the estate of a deceased person; “interest in expectancy” includes an estate in remainder or reversion and every other future interest whether vested or contingent, but does not include reversions expectant upon the determination of leases; “notice of assessment” means a notice determined under section 37; “property” includes movable and immovable property of any kind situate or being in Singapore and the proceeds of sale thereof respectively, and any money or investment for the time being representing the proceeds of sale; and, in the case of a deceased person who was at the time of his death domiciled in Singapore, includes movable property wherever it may be; “property passing on the death” includes property passing either immediately on the death or after any interval, either certainly or contingently, and either originally or by way of substitutive limitation; and “on the death” includes at a period ascertainable only by reference to the death; “settled”, when applied to property, means property comprised in a settlement; “settlement” means any deed, will, agreement for a settlement, or other instrument or any number of instruments, under which any property or any interest therein stands for the time being limited to or in trust for any person or persons by way of succession, and includes any interest in remainder or reversion not disposed of by the settlement and reverting to the settlor; “will” includes any testamentary instrument.


document_id: eda-1929
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Presumptions
content:
3. For the purpose of this Act — ( a ) a person shall be deemed competent to dispose of property if he has such an estate or interest therein or such general power as would, if he were sui juris, enable him to dispose of the property; and “general power” includes every power or authority enabling the donee or other holder thereof to appoint or dispose of property as he thinks fit, whether exercisable by instrument inter vivos or by will, or both, but exclusive of any power exercisable in a fiduciary capacity under a disposition not made by himself or as mortgagee; ( b ) a disposition taking effect out of the interest of the deceased person shall be deemed to have been made by him, whether the concurrence of any other person was or was not required; and ( c ) money which a person has a general power to charge on property shall be deemed to be property of which he has power to dispose.


document_id: eda-1929
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Appointment of Commissioner, etc.
content:
4. —(1) The Minister may appoint an officer to carry out the provisions of this Act, to be called the Commissioner of Estate Duties and such number of Deputy Commissioners of Estate Duties as he thinks fit. [Act 5 of 2025 wef 09/03/2025] (2) A Deputy Commissioner of Estate Duties shall have all the powers conferred by this Act on the Commissioner. (3) The Commissioner shall be responsible for the recovery of all estate duty, interest and penalties payable under the provisions of this Act and shall pay all amounts collected in respect thereof into the Consolidated Fund. (4) The Commissioner may in writing, authorise any officer to perform or to assist in the performance of any duty imposed or to exercise any power conferred upon the Commissioner by this Act. [Act 5 of 2025 wef 09/03/2025] (5) An appointment under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025]


document_id: eda-1929
provision_ref: s5
chapter: PART 2 - ESTATE DUTY
section: 5
title: Estate duty imposed
content:
5. Except as expressly provided in this Act, there shall be levied and paid upon the principal value, ascertained as provided in this Act, of all property settled or not settled which passes on the death of any person a duty, called estate duty, at the following rates: ( a ) in the case of any person dying on or after 1 April 1974 and before 1 April 1977 — at the graduated rates set out in the First Schedule; ( b ) in the case of any person dying on or after 1 April 1977 and before 1 April 1979 — at the graduated rates set out in the Second Schedule; ( c ) in the case of any person dying on or after 1 April 1979 and before 1 April 1984 — at the graduated rates set out in the Third Schedule; ( d ) in the case of any person dying on or after 1 April 1984 and before 28 February 1996 — at the rates specified in the Fourth Schedule; ( e ) in the case of any person dying on or after 28 February 1996 and before 15 February 2008 — at the rates specified in the Fifth Schedule. [13/2008]


document_id: eda-1929
provision_ref: s6
chapter: PART 2 - ESTATE DUTY
section: 6
title: Remission of estate duty
content:
6. —(1) Where the principal value, as ascertained in accordance with the provisions of this Act, of all property which passes on the death of a person on or after 8 March 1972 and before 1 April 1974, is — ( a ) $25,000 or less, the estate duty payable in respect of that property shall be remitted in full; and ( b ) more than $25,000, that part of the estate duty payable in respect of such property which is in excess of the amount equivalent to the difference between the principal value of such property and the amount of $25,000 shall be remitted as in the following formula: where A is the amount of the estate duty payable on the principal value of the property; B is the amount by which the value of the estate exceeds $25,000; and C is the amount of the estate duty to be remitted. (2) Where the principal value, as ascertained in accordance with the provisions of this Act, of all property which passes on the death of a person on or after 1 April 1974 and before 1 April 1977 exceeds $50,000, there shall be allowed in respect of that excess a remission of estate duty at the rates set out in the Seventh Schedule. (3) There shall be allowed in respect of the principal value, as ascertained in accordance with the provisions of this Act, of all property which passes on the death of a person on or after 1 April 1977 and before 1 April 1984 a remission of estate duty at the rates set out in the Eighth Schedule.


document_id: eda-1929
provision_ref: s7
chapter: PART 2 - ESTATE DUTY
section: 7
title: Property deemed to pass
content:
7. —(1) Property passing on the death of the deceased shall be deemed to include the following property: ( a ) property of which the deceased was at the time of his death competent to dispose; ( b ) property in which the deceased or any other person had an interest ceasing on the death of the deceased, to the extent to which a benefit accrues or arises by the cesser of such interest; inclusive of property the estate or interest in which has been surrendered, assured, divested or otherwise disposed of, whether for value or not, to or for the benefit of any person entitled to an estate or interest in remainder or reversion in such property, unless that surrender, assurance, divesting or disposition was bona fide made or effected 5 years before the death of the deceased, and bona fide possession and enjoyment of the property was assumed thereunder immediately upon the surrender, assurance, divesting or disposition, and thenceforward retained to the entire exclusion of the person who had the estate or interest limited to cease as aforesaid, and of any benefit to him by contract or otherwise; but exclusive of property the interest in which of the deceased or other person was only an interest as holder of an office or as recipient of the benefits of a charity or as a corporation sole; ( c ) property taken as a donatio mortis causa made by the deceased or taken under a disposition made by him, purporting to operate as an immediate gift inter vivos, whether by way of transfer, delivery, declaration of trust, or otherwise, which shall not have been bona fide made 5 years before his death, or taken under any gift, whenever made, of which bona fide possession and enjoyment shall not have been assumed by the donee immediately upon the gift and thenceforward retained to the entire exclusion of the donor or of any benefit to him by contract or otherwise, subject to the following provisions: (i) in the case of any gift inter vivos made for public or charitable purposes, the words “5 years” in this paragraph shall be read as “12 months”; (ii) nothing in this paragraph shall apply to gifts inter vivos which are made in consideration of marriage, or which are made to the Government or any institution of a public character within the meaning of the Charities Act 1994, or which are proved to the satisfaction of the Commissioner to have been part of the normal expenditure of the deceased and to have been reasonable having regard to the amount of his income or to the circumstances, or which in the case of any donee do not exceed in the aggregate $1,000 in value or amount; ( d ) property which the deceased, having been absolutely entitled thereto, has caused to be transferred to or vested in himself and any other person jointly, whether by disposition or otherwise, including also any purchase or investment effected by the deceased alone or in concert or by arrangement with any other person, so that the beneficial interest therein or in some part thereof passes or accrues by survivorship on his death to such other person; ( e ) property passing under any past or future settlement made by the deceased by deed or any other instrument not taking effect as a will, whereby an interest in such property, or the proceeds of sale thereof, for life or any other period determinable by reference to death is reserved, either expressly or by implication, to the settlor, or whereby the settlor may have reserved to himself the right by the exercise of any power to restore to himself, or to reclaim the absolute interest in such property or the proceeds of sale thereof; ( f ) money received under a policy of assurance effected by the deceased on his life where the policy is wholly kept up by him for the benefit of a donee, whether nominee or assignee, or a part of such money in proportion to the premiums paid by him, where the policy is partially kept up by the deceased for such benefit; ( g ) any annuity or other interest purchased or provided by the deceased either by himself alone or in concert or by arrangement with any other person, to the extent of the beneficial interest accruing or arising by survivorship or otherwise on the death of the deceased. [10/2007] (2) Where an annuity or other interest referred to in subsection (1)( g ) has been purchased or provided by the deceased, either by himself alone or in concert or by arrangement with any other person, the extent of any beneficial interest therein accruing or arising by survivorship or otherwise on the death of the deceased shall be ascertained, and shall be deemed always to be ascertainable without regard to any interest in expectancy the beneficiary may have had therein before the death.


document_id: eda-1929
provision_ref: s8
chapter: PART 2 - ESTATE DUTY
section: 8
title: Property not deemed to pass
content:
8. —(1) Property passing on the death of the deceased shall not be deemed to include property held by the deceased as trustee for another person, under a disposition not made by the deceased or under a disposition made by the deceased more than 5 years before his death where possession and enjoyment of the property was bona fide assumed by the beneficiary immediately upon the creation of the trust and thenceforward retained to the entire exclusion of the deceased or of any benefit to him by contract or otherwise. (2) In the case of a disposition made for public or charitable purposes, the words “5 years” in subsection (1) shall be read as “12 months”. (3) In the case of settled property, where the interest of any person under the settlement fails or determines by reason of his death before it becomes an interest in possession, and subsequent limitations under the settlement continue to subsist, the property shall not be deemed to pass on his death. (4) Where by a disposition of any property an interest is conferred on any person other than the disponer for the life of that person or determinable on his death, and that person enters into possession of the interest and thenceforward retains possession thereof to the entire exclusion of the disponer or of any benefit to him by contract or otherwise, and the only benefit which the disponer retains in the property is subject to such life or determinable interest, and no other interest is created by that disposition, then, on the death of that person, the property shall not be deemed to pass by reason only of its reverter to the disponer in his lifetime. (5) Where, by a disposition of any property, the interest mentioned in subsection (4) is conferred on 2 or more persons, either severally or jointly, or in succession, that subsection shall apply in like manner as where the interest is conferred on one person. (6) Subsections (4) and (5) shall not apply where such person or persons taking such life or determinable interest had at any time prior to the disposition been himself or themselves competent to dispose of such property.


document_id: eda-1929
provision_ref: s9
chapter: PART 2 - ESTATE DUTY
section: 9
title: Transactions for money consideration
content:
9. —(1) Estate duty shall not be payable in respect of — ( a ) property passing on the death of the deceased by reason only of a bona fide purchase from the person under whose disposition the property passes; ( b ) the falling into possession of the reversion on any lease for lives; or ( c ) the determination of any annuity for lives, where the purchase was made, or the lease or annuity granted, for full consideration in money or money’s worth paid to the vendor or grantor for his own use or benefit, or in the case of a lease for the use or benefit of any person for whom the grantor was a trustee. (2) Where such purchase was made, or such lease or annuity granted, for partial consideration in money or money’s worth paid to the vendor or grantor for his own use or benefit, or in the case of a lease, for the use or benefit of any person for whom the grantor was a trustee, the value of the consideration shall be allowed as a deduction from the value of the property for the purpose of estate duty.


document_id: eda-1929
provision_ref: s10
chapter: PART 2 - ESTATE DUTY
section: 10
title: Duty not payable in respect of small annuities and widows’ and orphans’ pensions
content:
10. —(1) Estate duty shall not be payable in respect of a single annuity not exceeding $200 purchased or provided by the deceased either by himself alone or in concert or arrangement with any other person for the life of himself and of some other person and the survivor of them, or to arise on his own death in favour of some other person. (2) If in any case there is more than one such annuity, the annuity first granted shall alone be entitled to the exemption granted under subsection (1). (3) Estate duty shall not be payable in respect of any pension granted under the Widows’ and Orphans’ Pension Act 1904 nor in respect of any pension or annuity payable by the government of any part of the Commonwealth to the widow or child of any deceased officer of that government, notwithstanding that the deceased contributed during his lifetime to any fund out of which that pension or annuity is paid.


document_id: eda-1929
provision_ref: s11
chapter: PART 2 - ESTATE DUTY
section: 11
title: Duty not payable for person not domiciled or resident in respect of certain property
content:
11. —(1) Estate duty shall not be payable in respect of the following property in Singapore passing on the death of any person dying on or after 1 April 1982 and before 1 January 2002 who at the time of his death was neither domiciled nor resident in Singapore: ( a ) deposits and balances with Asian Currency Units of approved banks; ( b ) negotiable certificates of deposits issued by Asian Currency Units of approved banks; ( c ) Asian Dollar Bonds which have been approved by the Minister for exemption from estate duty; ( d ) bonds, stocks and securities issued by the Government which have been approved by the Minister for exemption from estate duty; ( e ) gold in whatever state or form deposited with approved banks; ( f ) deposits and balances in gold savings account with approved banks; ( g ) gold certificates issued by approved banks; ( h ) deposits and balances with futures members of the Singapore Exchange where such deposits and balances are in respect of transactions which qualify for the concessionary rate of tax under section 43D of the Income Tax Act 1947 as in force before 29 December 2016. (2) Estate duty shall not be payable in respect of any movable property passing on the death of any person dying on or after 1 January 2002 who at the time of his death was not domiciled in Singapore. (3) For the purposes of this section — ( a ) “approved banks” means approved banks within the meaning of section 13(16) of the Income Tax Act 1947; and ( b ) a deceased person shall be treated as resident in Singapore if during the period of 12 months ending on the date of his death he had — (i) resided in Singapore notwithstanding any temporary absences abroad; or (ii) spent in the aggregate 183 days in Singapore.


document_id: eda-1929
provision_ref: s12
chapter: PART 2 - ESTATE DUTY
section: 12
title: Bequests to Government or institutions of public character
content:
12. —(1) No estate duty shall be payable in respect of the amount of a bequest to the Government or any institution of a public character within the meaning of the Charities Act 1994 and the value of the property passing on the death of the donor of the bequest shall be deemed not to include the amount thereof for the purpose of assessing the rate of estate duty. [10/2007] (2) No estate duty shall be payable in respect of any monument that is the subject of a preservation order made under section 11 of the Preservation of Monuments Act 2009.


document_id: eda-1929
provision_ref: s12A
chapter: PART 2 - ESTATE DUTY
section: 12A
title: Gifts to Government or institutions of public character
content:
12A. —(1) No estate duty shall be payable in respect of any gift of any property passing on the death of a person to the Government or any institution of a public character within the meaning of the Charities Act 1994 where the gift — ( a ) is made on or after 1 January 2002 but before the issue of a notice of assessment by the Commissioner under section 37; ( b ) is not any property which is deemed as property passing on the death of the person under section 7(1)( c ); and ( c ) has been accepted by the Government or the institution of a public character, as the case may be, and the value of the property passing on the death of the person shall be deemed not to include the value of the gift for the purpose of assessing the rate of estate duty. [10/2007] (2) For the purpose of subsection (1), the value of any gift of any property passing on the death of a person shall be the market value of the gift at the time of the death of the person.


document_id: eda-1929
provision_ref: s13
chapter: PART 2 - ESTATE DUTY
section: 13
title: Gifts to approved museum
content:
13. —(1) No estate duty shall be payable in respect of any gift inter vivos of — ( a ) money; or ( b ) any other approved gift, made on or after 1 April 1987 to any approved museum. (2) In this section, “approved” means approved by the Minister or such person as he may appoint.


document_id: eda-1929
provision_ref: s14
chapter: PART 2 - ESTATE DUTY
section: 14
title: Dwelling houses and all other property
content:
14. —(1) Subject to this section, estate duty shall not be payable, in the case of a person dying on or after 1 April 1979 and before 1 April 1982, to the extent of — ( a ) the amount prescribed of the aggregate value of the deceased’s interest in a dwelling house or dwelling houses, whether occupied by the deceased or not; and ( b ) $100,000 of the aggregate value of all other property, including any dwelling house which does not qualify for relief under paragraph ( a ), and the amount thereof shall not form part of the principal value of the estate chargeable with estate duty of any deceased person. (2) Subject to this section, estate duty shall not be payable, in the case of a person dying on or after 1 April 1982 and before 1 April 1984, to the extent of — ( a ) the amount prescribed of the aggregate value of the deceased’s interest in a dwelling house or dwelling houses or, where the deceased has an interest in any dwelling house which exceeds the amount prescribed, the value of that interest, whether the dwelling house was occupied by the deceased or not; ( b ) $100,000 of the aggregate value of all other property, including any interest in any dwelling house which does not qualify for relief under paragraph ( a ); and ( c ) the excess over $100,000, if any, of the aggregate amount standing to the credit of the deceased at the time of his death in the Central Provident Fund and in any designated pension or provident fund, except that no contributions, and the interest thereon, made by the deceased on or after 1 April 1982 to the Central Provident Fund or to any designated pension or provident fund shall qualify for relief under this paragraph unless the contributions were deductible by the deceased under section 39(2)( g ) of the Income Tax Act 1947, and the amount thereof shall not form part of the principal value of the estate chargeable with estate duty of any deceased person. (3) Subject to this section, estate duty shall not be payable, in the case of a person dying on or after 1 April 1984 and before 28 February 1996, to the extent of — ( a ) the amount prescribed of the aggregate value of the deceased’s interest in a dwelling house or dwelling houses, whether occupied by the deceased or not; ( b ) $500,000 of the aggregate value of all other property, including any interest in any dwelling house which does not qualify for relief under paragraph ( a ); and ( c ) the excess over $500,000, if any, of the aggregate amount standing to the credit of the deceased at the time of his death in the Central Provident Fund or in any designated pension or provident fund except that no contributions (and the interest thereon) made by the deceased — (i) on or after 1 April 1982 to the Central Provident Fund or to any designated pension or provident fund; or (ii) on or after 1 August 1986 to the Central Provident Fund on his own account while carrying on a trade, business, profession or vocation, shall qualify for relief under this paragraph unless the contributions were deductible by the deceased under section 39(2)( g ) or ( h ) of the Income Tax Act 1947, and the amount thereof shall not form part of the principal value of the estate chargeable with estate duty of any deceased person. (4) Subject to this section, estate duty shall not be payable, in the case of a person dying on or after 28 February 1996, to the extent of — ( a ) the amount prescribed of the aggregate value of the deceased’s interest in a dwelling house or dwelling houses, whether occupied by the deceased or not; ( b ) $600,000 of the aggregate value of all other property, including any interest in any dwelling house which does not qualify for relief under paragraph ( a ); and ( c ) the excess over $600,000, if any, of the aggregate amount standing to the credit of the deceased at the time of his death in the Central Provident Fund or in any designated pension or provident fund except that no contributions (and the interest thereon) made by the deceased — (i) on or after 1 April 1982 to the Central Provident Fund or to any designated pension or provident fund; or (ii) on or after 1 August 1986 to the Central Provident Fund on his own account while carrying on a trade, business, profession or vocation, shall qualify for relief under this paragraph unless the contributions were deductible by the deceased under section 39(2)( g ) or ( h ) of the Income Tax Act 1947, and the amount thereof shall not form part of the principal value of the estate chargeable with estate duty of any deceased person. (5) Where the value of the interest in any dwelling house or dwelling houses which qualifies for relief under subsection (1)( a ), (2)( a ), (3)( a ) or (4)( a ) exceeds the amount prescribed, the excess value shall not qualify for relief under subsection (1)( b ), (2)( b ), (3)( b ) or (4)( b ). (6) Any dwelling house — ( a ) used wholly or partly for the purposes of any trade, business, profession or vocation by any person at the time of death of the deceased; or ( b ) passing on the death of the deceased by virtue of section 7(1)( c ), shall not qualify for relief under subsection (1)( a ), (2)( a ), (3)( a ) or (4)( a ). (7) In the case of a person dying on or after 25 February 2000, subsection (6)( a ) shall not apply to any dwelling house which at the time of his death was used by any person partly for the purposes of any trade, business, profession or vocation — ( a ) approved under the Home Office Scheme by the Urban Redevelopment Authority or the Housing and Development Board; or ( b ) allowed under the small business guidelines of the Urban Redevelopment Authority or the Housing and Development Board. (8) In this section — “amount prescribed” — ( a ) in relation to a person dying on or after 1 April 1979 and before 1 January 1981, is $200,000; ( b ) in relation to a person dying on or after 1 January 1981 and before 1 April 1984, is $600,000; ( c ) in relation to a person dying on or after 1 April 1984 and before 28 February 1996, is $3 million; ( d ) in relation to a person dying on or after 28 February 1996, is $9 million; “Central Provident Fund” means the Central Provident Fund established under the Central Provident Fund Act 1953; “designated pension or provident fund” means an approved pension or provident fund within the meaning of section 39(2)( g ) of the Income Tax Act 1947; “dwelling house” includes any building or tenement, or any part thereof, which is used, constructed or adapted to be used for human habitation; but does not include any dwelling house used wholly or partly as a hostel or quarters or for such other purpose as may be prescribed. (9) For the purposes of this section where the deceased has 2 or more dwelling houses the value of each of which exceeds the amount prescribed, the greater value shall qualify for the relief under subsection (2)( a ).


document_id: eda-1929
provision_ref: s15
chapter: PART 2 - ESTATE DUTY
section: 15
title: Property of national, scientific, etc., interest given for public purposes
content:
15. —(1) The Commissioner may remit the estate duty in respect of such pictures, books, prints, manuscripts, works of art or scientific collection as appear to him to be of national, scientific, artistic or historic interest and to be given or bequeathed for national purposes or to any university. (2) No property, the duty in respect of which is so remitted, shall be aggregated with any other property for the purpose of fixing the rate of estate duty.


document_id: eda-1929
provision_ref: s16
chapter: PART 2 - ESTATE DUTY
section: 16
title: Property on enlargement of settlor’s interests
content:
16. Where property is settled by a person on himself for life, and after his death on any other persons with an ultimate reversion of an absolute interest or absolute power of disposition to the settlor, the property shall not be deemed to pass to the settlor on the death of any such other person by reason only that the settlor, being then in possession of the property as tenant for life, becomes in consequence of the death entitled to the immediate reversion or acquires an absolute power to dispose of the whole property.


document_id: eda-1929
provision_ref: s17
chapter: PART 2 - ESTATE DUTY
section: 17
title: Relief in respect of certain life interests
content:
17. Where estate duty has been paid under this Act or under any previous written law relating to estate duty in respect of any settled property, since the date of the settlement, upon the death of one of the parties to a marriage, no further estate duty shall be levied in respect of that property upon the death of the other party to the marriage, unless such other party was at the time of his death, or had been during the continuance of the settlement, competent to dispose of that property.


document_id: eda-1929
provision_ref: s18
chapter: PART 3 - COMPANIES
section: 18
title: Interpretation of this Part
content:
18. In this Part — “company to which this Part applies” means any body corporate wherever incorporated, which either — ( a ) is so constituted as not to be controlled by its shareholders or by any class thereof; or ( b ) has not issued to the public, or in the case of a company which is about to make an issue of shares to the public, will not, when it has made that issue, have issued to the public, more than half of the shares by the holders whereof it is controlled; “share” includes any interest in a company, by whatsoever name it is called, analogous to a share, and “shareholder” shall be construed accordingly; “preference share” means a share the holder of which is entitled to a dividend at a fixed rate only; “value of the total assets of the company” means the principal value, ascertained in accordance with section 24, of all the assets of the company as a going concern, including goodwill, after deducting therefrom — ( a ) the principal value so ascertained of any debentures, debenture stock and preference shares of the company; ( b ) all debts of the company incurred or created bona fide for consideration in money or money’s worth; ( c ) such sum as on a just and fair computation represents any future or contingent liabilities thereof which are uncertain in amount; and ( d ) the amount of any reserve fund separately invested which is bona fide intended to be applied in payment of pensions to employees or otherwise for the benefit of them or their dependants or relatives, and in no other manner.


document_id: eda-1929
provision_ref: s19
chapter: PART 3 - COMPANIES
section: 19
title: Transfer of assets to certain companies
content:
19. —(1) On the death after 22 April 1940 of any person who has at any time after 1 January 1925 — ( a ) made to a company to which this Part applies, directly or indirectly, any such transfer as is specified in subsection (5); and ( b ) received within the prescribed period out of the resources or at the expense of the company, directly or indirectly any such benefit as is so specified, there shall be computed for each accounting year falling wholly or partly within the prescribed period the proportion which the total value of the benefits so received in the accounting year bears to the total income of the company in the accounting year, and, if the average of the proportions so computed exceeds 50%, there shall, for the purposes of estate duty, be deemed to pass on the death (over and above any other property which passes or is deemed to pass thereon), such sum of money, not exceeding the value of the total assets of the company, as bears to that value the same proportion as that average proportion. (2) The sum computed under subsection (1) shall be reduced by the amount, if any, by which the principal value at the date of death — ( a ) of the subject of the transfer; or ( b ) if the subject of the transfer has been sold or exchanged by the company either of the subject of the transfer or of the property in the hands of the company which is or represents the proceeds of the sale or exchange, is shown to the satisfaction of the Commissioner to fall short of that sum. (3) Notwithstanding anything in this section, the value of any property or any interest in property shall not be taken into account, directly or indirectly, for the purpose of assessment of estate duty more than once on the same death. (4) If the total assets of the company comprise any property which is by virtue of section 20 deemed to pass on the death, there shall, in computing those proportions and ascertaining the sum of money, if any, which is deemed to pass by virtue of this section, be subtracted — ( a ) from the value of the total assets of the company, the value of that property as ascertained for the purposes of section 20; and ( b ) from the total income of the company in every accounting year and also from the total value of the benefits received by the deceased therein, a sum equal to so much of that total income as is ascribable to — (i) that property; or (ii) in a case where that property is deemed to pass as being or representing the proceeds of any other property, that other property or the proceeds thereof or any property representing those proceeds. (5) The transfers referred to in subsection (1) are transfers, whether made for consideration or not, of property (being property which, if it had been in the disposition of the deceased at his death, would have been property in respect of which estate duty would have been payable on the death) or any interest in any such property, other than — ( a ) transfers on bona fide sales where the consideration for the sale was received or receivable wholly by the deceased for his own use or benefit and was satisfied or to be satisfied in one or more of the following manners, that is to say, by a capital sum of a fixed amount or by shares in or debentures of the company; ( b ) transfers of or incidental to the transfer of a business, not being a business which substantially consists in holding, managing, developing or dealing in land situate in Singapore; ( c ) transfers of, or of any interest in, property which by virtue of section 20 is deemed to pass on the death; ( d ) transfers of patents or copyrights, or of any movable tangible property except money and securities; and ( e ) transfers where either the deceased or the company is acting in the capacity of trustee, factor, agent, receiver or manager. (6) The benefits referred to in subsection (1) are — ( a ) any payments made, whether for consideration or not, to or for the benefit of the deceased, other than the following payments: (i) dividends in respect of shares in the company; (ii) interest on, and repayments in respect of, money lent to the company; (iii) payments of or on account of purchase money under a bona fide sale, where that purchase money is a capital sum of a fixed amount; (iv) payments of or on account of royalties, not being royalties limited to cease at the death of the deceased; and ( b ) any right in or enjoyment of any land. (7) In ascertaining for the purposes of this section the value of a benefit — ( a ) in the case of a benefit consisting of a payment, a deduction shall be made in respect of any tax already paid or borne by the deceased in respect of that payment; and ( b ) the value of a benefit consisting of any right in or enjoyment of land shall be computed by reference to the annual value of that land, due allowance being made in respect of any rent paid by the deceased. (8) In ascertaining for the purposes of this section the total income for any accounting year of a company, the income of the company from any source shall be computed and the computation shall be made by reference to the actual income for the accounting year and not by reference to the income for any other period subject to the following provisions: ( a ) no deduction shall be made in respect of any payment made to or for the benefit of, or any other benefit accorded to, the deceased, except dividends on preference shares and interest on money lent to the company; ( b ) subject to paragraph ( a ), deductions shall be made for — (i) taxes paid or borne by the company; (ii) interest on money lent to the company; (iii) dividends on preference shares; and (iv) rents, royalties and other payments by the company. (9) Where the accounting years falling wholly or partly within the prescribed period do not coincide with the periods for which the accounts of the company are made up, the Commissioner may, for the purpose of ascertaining the total income of the company for an accounting year, divide any of those periods and make such apportionments and aggregations of the income of the company as may be necessary, so, however, that any apportionments so made shall be made in proportion to the number of months or fractions of months in the respective periods for which the apportionment is made. (10) In this section — “accounting year” — ( a ) in relation to a company which at the time of the death of the deceased person has made up accounts for a period of 12 months ending on a date within the 12 months next preceding the death, means a period of 12 months ending either on that date, or on the same day of the year in any previous year; and ( b ) in relation to any other company, means a period of 12 months ending on such date within the 12 months next preceding the death as may be determined by the Commissioner or on the same day of the year in any previous year; “prescribed period” means the period which — ( a ) ends on the date on which the last accounting year ends; and ( b ) begins 3 years before that date, or, if the company in question was not then in existence, on the day on which the company came into existence.


document_id: eda-1929
provision_ref: s20
chapter: PART 3 - COMPANIES
section: 20
title: Transfer of settled property to certain companies
content:
20. —(1) Where, at any time before the death of a person dying after 22 April 1940, any property in which the deceased had an estate or interest limited to cease at his death was transferred by the deceased and the person interested in the remainder or reversion, directly or indirectly and by one or more transactions, to or for the benefit of a company to which this Part applies, then unless — ( a ) the transfer was made before 1 January 1925; ( b ) the property was settled property and the interest of the deceased would in any case have failed by reason of his death before it would have become an interest in possession; ( c ) the share of the consideration payable to the deceased in respect of the transfer was satisfied otherwise than by an allotment of shares in the company or the grant to him by the company of an annuity or other right to receive periodical payments, not being payments on account of purchase money being a capital sum of fixed amount; or ( d ) the deceased had at least 5 years before his death relinquished all interest in the property and had not at any time within those 5 years the possession or enjoyment (otherwise than under a lease or agreement for a lease at a rack rent) of any part thereof or of any benefit secured to him, whether by contract or otherwise, in relation to the relinquishment of his interest therein, and was not at any time within that period in receipt of or entitled to any payment from the company, otherwise than in respect or on account of debentures or loans or purchase money being a capital sum of a fixed amount, the property shall be deemed for the purposes of estate duty to pass on the death in like manner as if the estate or interest of the deceased therein had continued until the death. (2) Where the property or any part thereof has been bona fide sold or exchanged by the company during the deceased’s lifetime for full consideration in money or money’s worth, the property or so much thereof as has been so sold or exchanged shall not be deemed to pass on the death, but in lieu thereof the proceeds of the sale or exchange, or, as the case may be, the property which, at the time of death, represents those proceeds shall be deemed so to pass. (3) In determining the value of any property deemed to pass under this section, there shall be deducted from the principal value thereof — ( a ) so much of any sum borrowed by the company as has been applied by the company in the improvement of the property, and has not at the death been repaid by the company; ( b ) a sum equal to the capital sum of money paid to the deceased as part of the consideration for the transfer; and ( c ) where estate duty is payable in connection with the death on any shares of or debentures in the company, a sum equal to the principal value of such of those shares or debentures as were transferred or allotted to the deceased in consideration of the transfer of the property.


document_id: eda-1929
provision_ref: s21
chapter: PART 3 - COMPANIES
section: 21
title: Liability of companies to account for duty
content:
21. —(1) The estate duty payable in respect of any property which is, by virtue of sections 19 and 20, deemed to pass on the death of any person shall be a debt due from the company concerned to the Government. (2) The company concerned shall be accountable for any such duty and shall, for the purpose of raising and paying that duty, have all the powers conferred on accountable persons by this Act and, if the duty or any part thereof is paid by the executor of the deceased, it shall be repaid to him by the company. (3) Where on the death of any person a claim for duty arises by virtue of any of the provisions of sections 19 and 20, the company concerned shall notify the Commissioner of the death of that person, and any company wilfully failing to give such a notification shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (4) The Commissioner may, for the purposes of carrying sections 19, 20 and 22 into effect, require any company to which this Part applies to furnish to him within 2 months copies of such of the balance sheets and profit and loss or income and expenditure accounts, and such other particulars, as the Commissioner may reasonably require. (5) If any company fails to comply with subsection (4) — ( a ) the company shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and every director, manager, secretary or other officer of the company who knowingly and wilfully authorises or permits the failure shall be liable to the like penalty; and ( b ) an order may be made against all or any of the directors of the company requiring them to comply with the requirements of the Commissioner.


document_id: eda-1929
provision_ref: s22
chapter: PART 3 - COMPANIES
section: 22
title: Valuation by reference to assets
content:
22. —(1) Where there pass on the death of any person dying after 22 April 1940 any shares (not being preference shares) in any company to which this Part applies, then if either — ( a ) there is deemed by virtue of the provisions of this Part to pass on the death a sum of money computed by reference to the value of the total assets of the company; or ( b ) the control of the company was immediately before the death in the hands of the deceased, the principal value of those shares for the purposes of estate duty shall not be ascertained in the manner provided by section 24, but shall be ascertained by reference to the value of the total assets of the company. (2) In cases falling within subsection (1)( a ), the value of the total assets of the company shall, for the purposes of this section, be deemed to be reduced by the sum of money therein referred to. (3) For the purposes of this section, the control of a company shall be deemed to be in the hands of a person if — ( a ) by virtue of the shares which he controls he has control of more than half the voting power of the company; ( b ) he has by virtue of the provisions in the memorandum of association or articles of the company, or other instrument whatsoever constituting or defining the constitution of the company, the powers of a board of directors or of a governing director or the right to nominate a majority of the directors or the power to veto the appointment of a director, or powers of the like nature; or ( c ) he has otherwise the right to receive, or the power to dispose of, more than half of the income of the company.


document_id: eda-1929
provision_ref: s23
chapter: PART 4 - AGGREGATION AND VALUE OF PROPERTY
section: 23
title: Aggregation of property to form one estate for purpose of estate duty
content:
23. —(1) For determining the rate of duty to be paid on any property passing on the death of the deceased, all property so passing in respect of which duty is leviable shall be aggregated so as to form one estate, and the duty shall be levied at the proper graduated rate on the principal value thereof. (2) Any property so passing, in which the deceased never had an interest, shall not be aggregated with any other property, but shall be an estate by itself, and the estate duty shall be levied at the proper graduated rate on the principal value thereof. (3) Property passing on any death shall not be aggregated more than once, nor shall estate duty in respect thereof be more than once levied in respect of the same death.


document_id: eda-1929
provision_ref: s24
chapter: PART 4 - AGGREGATION AND VALUE OF PROPERTY
section: 24
title: Principal value
content:
24. —(1) The principal value of any property shall be estimated to be the price which, in the opinion of the Commissioner, that property would fetch if sold in the open market at the time of the death of the deceased. (2) In estimating such principal value, the Commissioner shall not make any deduction in the estimate on account of the estimate being made on the assumption that the whole property is to be placed on the market at one and the same time. (3) Where it is proved to the Commissioner that the value of the property has been depreciated by reason of the death of the deceased, the Commissioner in fixing the price shall take such depreciation into account.


document_id: eda-1929
provision_ref: s25
chapter: PART 4 - AGGREGATION AND VALUE OF PROPERTY
section: 25
title: Interests in expectancy
content:
25. —(1) When an estate includes an interest in expectancy, estate duty in respect of that interest shall be paid, at the option of the person accountable for the duty, either with the duty in respect of the rest of the estate or when the interest falls into possession. (2) If the duty is not paid with the estate duty in respect of the rest of the estate, then — ( a ) for the purpose of determining the rate of estate duty in respect of the rest of the estate, the value of the interest shall be its value at the date of the death of the deceased; and ( b ) the rate of estate duty in respect of the interest when it falls into possession shall be calculated according to its value when it falls into possession, together with the value of the rest of the estate as previously ascertained.


document_id: eda-1929
provision_ref: s26
chapter: PART 4 - AGGREGATION AND VALUE OF PROPERTY
section: 26
title: Value of interests ceasing on death
content:
26. The value of the benefit accruing or arising from the cesser of an interest ceasing on the death of the deceased shall — ( a ) if the interest extended to the whole income of the property, be the principal value of that property; and ( b ) if the interest extended to less than the whole income of the property, be the principal value of an addition to the property equal to the income to which the interest extended.


document_id: eda-1929
provision_ref: s27
chapter: PART 4 - AGGREGATION AND VALUE OF PROPERTY
section: 27
title: Allowance for debts and funeral expenses
content:
27. —(1) In determining the value of an estate for the purpose of estate duty, allowance shall be made for reasonable funeral expenses not exceeding the amount specified in subsection (5), and for debts and encumbrances, but an allowance shall not be made — ( a ) for debts incurred by the deceased or encumbrances created by a disposition made by the deceased, unless those debts or encumbrances were incurred or created bona fide for full consideration in money or money’s worth wholly for the deceased’s own use and benefit and take effect out of his interest; ( b ) for any debt in respect whereof there is a right to reimbursement from any other estate or person, unless the reimbursement cannot be obtained; or ( c ) more than once for the same debt or encumbrance charged upon different portions of the estate. (2) Any debt or encumbrance for which an allowance is made shall be deducted from the value of the property liable thereto. (3) An allowance shall not be made in the first instance for debts or funeral expenses due to persons resident out of Singapore (unless contracted to be paid in Singapore or charged on property situate within Singapore) except out of the value of any property of the deceased situate out of Singapore in respect of which estate duty is paid. (4) There shall be no repayment of estate duty in respect of any debts or funeral expenses mentioned in subsection (3) except to the extent to which it is shown to the satisfaction of the Commissioner that the property of the deceased situate in the country in which the person to whom the debts or funeral expenses are due resides is insufficient for their payment. (5) For the purpose of subsection (1), the amount specified — ( a ) in the case of a person dying before 1 January 2005, is $1,000 or 5% of the ascertained value of the estate, whichever is the smaller; ( b ) in the case of a person dying on or after 1 January 2005, is $6,000.


document_id: eda-1929
provision_ref: s28
chapter: PART 4 - AGGREGATION AND VALUE OF PROPERTY
section: 28
title: Deduction of duty paid in other countries
content:
28. —(1) Where the Commissioner is satisfied that in any part of the Commonwealth duty is payable by reason of a death in respect of any property situate in such part of the Commonwealth and passing on such death, he shall allow a sum equal to the amount of that duty to be deducted from the estate duty payable in respect of that property on the same death. (2) Such deduction shall not exceed the estate duty payable in Singapore on the same property. (3) No such deduction shall be made until the duty so payable in such part of the Commonwealth has been actually paid, and in the meantime the full amount of the estate duty shall be assessed and payable. (4) On payment of the duty in such part of the Commonwealth, a refund of the amount thereof shall be made in the same manner as in the case of duty paid in excess. (5) Where any property passing on the death of the deceased is situate in a country to which subsection (1) does not apply and the Commissioner is satisfied that by reason of such death any duty is payable in that country in respect of that property, he shall make an allowance of the amount of that duty from the value of the property. (6) This section shall have effect as if “Commonwealth” included the Republic of Ireland.


document_id: eda-1929
provision_ref: s29
chapter: PART 5 - LIABILITY FOR ESTATE DUTY
section: 29
title: Duty to be first charge
content:
29. —(1) Unless the estate duty is paid as provided in this Act, the estate duty payable in respect of any property passing on the death of a deceased person shall be a first charge on all the immovable property of the deceased coming to an executor or being under his control, so far as the duty payable by such executor is concerned, and on the property passing to any other person, so far as the duty payable by such other person is concerned. (2) Immovable property or any estate or interest therein, is not, as against a purchaser for valuable consideration or a mortgagee, charged with or liable to estate duty after the expiration of 12 years from the happening of the event which gave rise to an immediate claim to such duty. (3) Nothing in this Act shall be held to create a charge for estate duty on any property situate outside Singapore, or to authorise the Commissioner to take any proceedings outside Singapore for the recovery of any estate duty.


document_id: eda-1929
provision_ref: s30
chapter: PART 5 - LIABILITY FOR ESTATE DUTY
section: 30
title: Liability of executor, etc.
content:
30. —(1) The executor of the deceased shall pay the estate duty in respect of all property of which the deceased was competent to dispose at his death, on delivering an estate duty return to the Commissioner, and may pay in like manner the estate duty in respect of any other property passing on such death, which by virtue of any testamentary disposition of the deceased is under the control of the executor, or, in the case of property not under his control, if the persons accountable for the duty in respect thereof request him to make such payment. (2) An executor shall not be liable for any duty in excess of the assets which he has received as executor or which he might but for his own neglect or default have received. (3) Where the executor does not know the amount or value of any property which has passed on the death, he may state in the estate duty return that — ( a ) such property exists, but that he does not know the amount or value thereof; and ( b ) he undertakes as soon as the amount and value are ascertained, to bring in an account thereof, and to pay both the duty for which he is or may be liable, and any further duty payable by reason thereof for which he is or may be liable in respect of the other property mentioned in the return. (4) Where property passes on the death of the deceased, and his executor is not accountable for the estate duty in respect of that property, every person to whom any property so passes for any beneficial interest in possession, and also, to the extent of the property actually received or disposed of by him, every trustee, guardian, committee or other person in whom any interest in the property so passing or the management thereof is at any time vested, and every person in whom that interest is vested in possession by alienation or other derivative title shall be accountable for the estate duty on the property. (5) Nothing in this section shall render a person accountable for duty who acts merely as agent or bailiff for another person, that person being within Singapore, in the management of property.


document_id: eda-1929
provision_ref: s31
chapter: PART 5 - LIABILITY FOR ESTATE DUTY
section: 31
title: Raising estate duty by sale, mortgage or terminable charge
content:
31. —(1) A person authorised or required to pay the estate duty in respect of any property shall, for the purpose of paying the duty, or raising the amount of the duty when already paid, have power, whether the property is or is not vested in him, to raise the amount of that duty and any interest, penalty and expenses properly paid or incurred by him in respect thereof, by the sale or mortgage of or a terminable charge on that property or any part thereof. (2) A person having a limited interest in any property, who pays the estate duty in respect of that property, shall be entitled to the like charge, as if the estate duty in respect of that property had been raised by means of a mortgage to him. (3) Any money arising from the sale of property comprised in a settlement or held upon trust to lay out upon the trusts of a settlement may be expended in paying any estate duty in respect of property comprised in the settlement and held upon the same trusts.


document_id: eda-1929
provision_ref: s32
chapter: PART 5 - LIABILITY FOR ESTATE DUTY
section: 32
title: Payment of duty with Government stock or debentures
content:
32. The Commissioner may accept in payment of any estate duty stock or debentures issued by or under the authority of the Government under any written law for the time being in force in Singapore at the market value of such stock or debentures on the day of payment.


document_id: eda-1929
provision_ref: s33
chapter: PART 5 - LIABILITY FOR ESTATE DUTY
section: 33
title: Apportionment of estate duty
content:
33. —(1) In the case of property which does not pass to the executor as such, an amount equal to the proper rateable part of the estate duty may be recovered by the person, who being authorised or required to pay the estate duty in respect of any property has paid such duty, from the person entitled to any sum charged on such property (whether as capital or as an annuity or otherwise) under a disposition not containing any express provision to the contrary. (2) Any dispute as to the proportion of estate duty to be borne by any property or person may be determined upon application by way of originating application in the General Division of the High Court. [40/2019] [Act 25 of 2021 wef 01/04/2022] (3) Any person from whom a rateable part of the estate duty can be recovered under this section shall be bound by the accounts and valuations as settled between the person entitled to recover the same and the Commissioner.


document_id: eda-1929
provision_ref: s34
chapter: PART 5 - LIABILITY FOR ESTATE DUTY
section: 34
title: Limitation of liability
content:
34. —(1) No claim for estate duty shall be barred by any lapse of time nor shall any rule of evidence or provision of law operate to prevent the Commissioner from claiming any estate duty which is payable and has remained unpaid. (2) Any estate duty which is payable in consequence of the death of any person and which, 25 years after such death, remains unpaid may, in the discretion of the Minister, be remitted by him.


document_id: eda-1929
provision_ref: s35
chapter: PART 6 - COLLECTION OF ESTATE DUTY
section: 35
title: Filing of accounts of property
content:
35. —(1) The executor of every deceased person shall, within 6 months after the date of the death of the deceased, specify to the best of his knowledge and belief, in appropriate accounts annexed to an estate duty return to be delivered to the Commissioner, a full and true statement of particulars relating to all the property of the deceased, including the value thereof, in respect of which estate duty is payable upon the death of the deceased; and together with such estate duty return he shall deliver to the Commissioner a certified copy of the will, if any, of the deceased. (2) The estate duty return shall extend to the verification of the accounts annexed thereto and shall be in a form to be determined by the Commissioner. (3) The accounts annexed to the estate duty return shall include all income accrued upon the property included therein down to and outstanding at the date of the death of the deceased. (4) Where the executor is not accountable for estate duty in respect of any property passing on the death of the deceased, the person accountable shall, within 6 months after the date of the death of the deceased, deliver to the Commissioner an account in a form to be determined by the Commissioner containing a full and true statement of the particulars relating to that property, including the value thereof, verified to the best of his knowledge and belief. (5) The Commissioner may require any estate duty return or any such account to be delivered to him in duplicate. (6) The Commissioner may, in his discretion, extend the period prescribed in subsections (1) and (4) for delivering any estate duty return or account relating to any property passing on the death of a deceased person. (7) The executor shall pay the estate duty in respect of all property of which the deceased was competent to dispose at his death and may pay the estate duty in respect of any other property passing on such death which is under the control of the executor, or in the case of property not under his control if the person liable to pay the duty in respect thereof requests him to make the payment. (8) An executor shall not be liable for any duty in excess of the assets which he has received as executor or which he might but for his own neglect or default have received. (9) A person being an executor of a deceased person may, if he is unwilling to accept office as executor, apply in writing to the Commissioner to be exempted from the obligations and liabilities of an executor under this Act. (10) The Commissioner, if he is satisfied that the applicant referred to in subsection (9) has not taken possession of, or intermeddled with, any property of the deceased, may issue a certificate of exemption accordingly. (11) Any certificate of exemption issued under subsection (10) may be revoked by the Commissioner at any time — ( a ) if he is of opinion that the certificate was obtained by fraud or misrepresentation, or on an incorrect statement of facts; or ( b ) if the holder of the certificate has at any time after the issue thereof taken possession of, or intermeddled with, the property of the deceased.


document_id: eda-1929
provision_ref: s36
chapter: PART 6 - COLLECTION OF ESTATE DUTY
section: 36
title: Interest payable on estate duty and penalty for late payment
content:
36. —(1) Subject to the provisions of this Act, simple interest at the appropriate rates specified in the Sixth Schedule shall be payable upon all estate duty, and shall be recoverable in the same manner as if it were part of the duty — ( a ) in the case of a person dying before 1 January 2005, from the date of death of the deceased to the date of payment of the duty; ( b ) in the case of a person dying on or after 1 January 2005, from the date of death of the deceased to whichever of the following dates occurs first: (i) the date of receipt by the Commissioner of an estate duty return without omission of assets; (ii) the date of the notice of assessment; or (iii) the date of payment of the duty. (2) In the case of a person dying on or after 1 January 2005, if any estate duty or interest thereon is not paid in full on or before the relevant date — ( a ) a penalty equal to 6% per year of the unpaid estate duty shall be added thereto for the first complete month that the duty remains unpaid after the relevant date; and ( b ) an additional penalty of 1% per year of the unpaid estate duty shall be payable for each subsequent complete month that the duty remains unpaid, subject to a maximum of 12% per year of the amount of unpaid duty. (3) In subsection (2) — “relevant date” means the date 30 days after the date of the notice of assessment, or the date 6 months after the date of death of the deceased, whichever is the later; “unpaid estate duty” includes any interest payable under subsection (1)( b ). (4) Where double duty is leviable under section 44(1) or (2), interest shall be payable upon the single duty only for the period prior to the date when the liability to double duty attached, and thereafter upon the double duty. (5) If any person, prior to the delivery to the Commissioner of the estate duty return or of such account as is referred to in section 35(4), deposits a sum of money in the hands of the Commissioner as security for the payment of the estate duty payable in respect of the property of a deceased person or for the payment of such portion thereof as is payable upon an account as aforesaid, interest under subsection (1) shall cease to run as from the date of such deposit, except upon the amount, if any, whereby the estate duty or such portion thereof, as the case may be, and the interest accrued thereon prior to the deposit, exceeds the sum deposited. (6) In cases where estate duty is payable when an interest in expectancy falls into possession, interest on the estate duty shall be payable at the appropriate rates specified in the Sixth Schedule — ( a ) in the case of a person dying before 1 January 2005, from the date when such interest falls into possession to the date of payment; ( b ) in the case of a person dying on or after 1 January 2005, from the date when such interest falls into possession to whichever of the following dates occurs first: (i) the date of receipt by the Commissioner of a further estate duty return or further account in relation to such interest which falls into possession; (ii) the date of a further notice of assessment in relation to such interest which falls into possession; or (iii) the date of payment of the duty, and if the duty or interest thereon, if any, is not paid in full within 30 days from the date of the further notice of assessment, a penalty shall be payable at the rates specified in subsection (2). (7) For the purposes of determining the penalty payable under subsection (6)( b ), the references in subsection (2) to — ( a ) the relevant date shall be read as the date 30 days after the date of the further notice of assessment, or the date 6 months after the date of death of the deceased, whichever is the later; and ( b ) the unpaid estate duty shall be read as the unpaid estate duty payable on such interest in expectancy which falls into possession, and includes any interest payable under subsection (6)( b ). (8) The payment of interest shall not relieve any person from any penalty which he may have incurred under this Act.


document_id: eda-1929
provision_ref: s37
chapter: PART 6 - COLLECTION OF ESTATE DUTY
section: 37
title: Commissioner may make assessment
content:
37. The Commissioner may at any time, whether an estate duty return required to be delivered under section 35 has been delivered or not, assess the estate duty payable in respect of the estate of a deceased person and shall issue to the person or persons whom he considers liable to pay such estate duty a notice of the assessment in a form to be determined by the Commissioner.


document_id: eda-1929
provision_ref: s38
chapter: PART 6 - COLLECTION OF ESTATE DUTY
section: 38
title: Recovery of estate duty
content:
38. —(1) Any sum of money owing by way of estate duty, interest thereon or penalty to the Government, or being forfeited to the Government under the provisions of this Act shall be a debt due to the Government and may be recovered under the Government Proceedings Act 1956. (2) Where any proceeding is instituted for the recovery of estate duty, interest thereon or penalty in respect of any property, the General Division of the High Court may appoint a receiver of the property and the rents and profits and may order a sale of the property. [40/2019]


document_id: eda-1929
provision_ref: s39
chapter: PART 6 - COLLECTION OF ESTATE DUTY
section: 39
title: Powers of Commissioner
content:
39. —(1) The Commissioner may summon before him any person — ( a ) accountable for estate duty; ( b ) whom he believes to have taken possession of or administered any part of the estate in respect of which estate duty is leviable or appears to the Commissioner likely to be leviable on the death of the deceased, or of the income of any part of such estate; ( c ) whom he believes to be indebted to the deceased; or ( d ) whom he believes to be capable of giving information as to such estate. (2) The Commissioner may examine the person with regard to the premises, and may require the person to produce any documents in his custody or control or such other evidence as the Commissioner thinks fit relating to any property which he has reason to suppose may form part of the estate in respect of which duty is leviable on the death of the deceased. (3) Any such person who fails without any lawful impediment or excuse, to be allowed by the Commissioner, to appear before the Commissioner at the time appointed, or refuses to answer any question lawfully put to him by the Commissioner or fails to produce any such document or other evidence as aforesaid, shall forfeit to the Government the sum of $1,000. (4) The Commissioner may apply to the General Division of the High Court in a summary manner in the matter to which his inquiry relates for an order enforcing compliance with his reasonable requirements. [40/2019] (5) Subject to the provisions of this Act, the value of any property for the purpose of estate duty shall be ascertained by the Commissioner in such manner and by such means as he thinks fit, and if he authorises a person to inspect any property and report to him the value thereof for the purposes of this Act, the person having the custody or control of that property shall permit the person so authorised to inspect it at such reasonable times as the Commissioner considers necessary. (6) When the Commissioner requires a valuation to be made by a person named by him, the costs of the valuation shall be defrayed by the Commissioner. (7) Where any document in the custody of the Commissioner relating to duty charged or chargeable in respect of any property has been lost or destroyed, or has been so defaced or damaged as to be illegible or otherwise useless, the Commissioner may require any person appearing to him to be accountable or to have accounted for that duty to furnish to him to the best of his ability such information, particulars and evidence, including evidence by affidavit, as he may require for replacing that document. (8) Any person so appearing to be accountable shall be liable to discharge all claims in respect of that duty, unless he proves to the satisfaction of the Commissioner that those claims have already been discharged or that he is not accountable for the duty. (9) The Commissioner shall have all such powers for the purpose of enforcing any requirement made by him under subsection (7) as he had for enforcing the delivery of the document which is to be replaced, and all statutory provisions in that behalf, including provisions as to penalties, shall, with the necessary modifications, apply accordingly. (10) The Commissioner shall pay to any person complying with any reasonable requirement under subsection (7) his reasonable costs of so doing, and if any question arises as to the amount to be paid as costs, the question shall be referred to and determined by the Registrar of the Supreme Court.


document_id: eda-1929
provision_ref: s40
chapter: PART 6 - COLLECTION OF ESTATE DUTY
section: 40
title: Release of estate on which duty is paid
content:
40. —(1) The Commissioner, on being satisfied that the full estate duty has been or will be paid in respect of an estate or any part thereof, shall, if required by the person accounting for the estate duty, give a certificate to that effect, which shall discharge from any further claim for estate duty the property shown by the certificate to form the estate or part thereof, as the case may be. (2) Where a person accountable for the estate duty in respect of any property passing on a death applies to the Commissioner, and delivers to him and verifies a full statement to the best of his knowledge and belief of all property passing on such death and the several persons entitled thereto, the Commissioner may determine the rate of the estate duty in respect of the property for which the applicant is accountable, and on payment of the duty at that rate, that property and the applicant, so far as regards that property shall be discharged from any further claim for estate duty, and the Commissioner shall give a certificate of such discharge. (3) A certificate of the Commissioner under this section shall not discharge any person or property from estate duty in the case of fraud or failure to disclose material facts, and shall not affect the rate of duty payable in respect of any property afterwards shown to have passed on the death, and the duty on such property shall be at such rate as would be payable if the value thereof were added to the value of the property in respect of which duty has been already accounted for. (4) A certificate purporting to be a discharge of the whole estate duty payable in respect of any property included in the certificate shall exonerate from the estate duty a bona fide purchaser for valuable consideration without notice, notwithstanding any such fraud or failure.


document_id: eda-1929
provision_ref: s41
chapter: PART 6 - COLLECTION OF ESTATE DUTY
section: 41
title: Probate not to issue until estate duty paid or postponement granted
content:
41. —(1) No grant of representation shall be issued by any court until the Commissioner has certified in a certificate to be filed in court that the estate duty return has been delivered and the estate duty payable in respect of the estate has been paid or that he has allowed payment thereof to be postponed under section 42, and stating the value as assessed by the Commissioner of the property on which estate duty is payable. (2) A schedule of the property of a deceased person in respect of which estate duty has been paid in such form as may be prescribed or a certificate that payment of estate duty has been postponed or will be made by instalments authenticated by the signature of the Commissioner shall be annexed to the grant of representation. (3) Such schedule shall contain a description of all the property passing on the death of a deceased person whether estate duty is leviable on such property or not. (4) If, after the issue of a grant of representation in respect of a deceased person, it is discovered that any property passing or deemed to pass on his death has not been included in that schedule, then upon payment of all estate duty, if any, in respect of such property the Commissioner shall cause particulars of the property to be entered in that schedule or shall issue a supplementary schedule.


document_id: eda-1929
provision_ref: s42
chapter: PART 6 - COLLECTION OF ESTATE DUTY
section: 42
title: Postponement of payment of estate duty in certain cases
content:
42. —(1) The Commissioner may allow payment of the whole or any part of the estate duty to be postponed until after the issue of probate or letters of administration — ( a ) where the estate duty return contains the statement and undertaking specified in section 30(3); ( b ) where the estate duty due in respect of any property cannot be raised at once without excessive sacrifice; ( c ) where the estate duty due in respect of any property cannot be raised without the sale of assets of the estate; ( d ) where assets of the estate in the form of debts due to, or money held for or on behalf of, the estate cannot be got in until the grant of representation has been obtained; or ( e ) where, in any other case, the Commissioner is satisfied that it is reasonable to allow payment to be postponed. (2) The onus of proving any of the circumstances mentioned in subsection (1) shall rest on the accountable person, and postponement of payment shall be subject to such conditions, including the payment of interest, and to the giving of such security and undertakings, as the Commissioner may think fit.


document_id: eda-1929
provision_ref: s43
chapter: PART 6 - COLLECTION OF ESTATE DUTY
section: 43
title: Duties of company and life assurance company
content:
43. —(1) No dealings with shares standing in the name of a deceased person shall be registered unless such shares are included in the schedule referred to in section 41 or in a certificate issued under subsection (4). (2) No sum payable on a policy of life assurance, upon which estate duty is leviable in Singapore, shall be paid by or on behalf of any life assurance company unless the sum secured by the policy is included in the schedule referred to in section 41 or in a certificate issued under subsection (4). (3) Any person who fails without reasonable excuse, to be allowed by the Commissioner, to comply with this section shall be liable to pay such sum not exceeding $500 as the Commissioner may determine, and the same shall be a debt due to the Government and may be recovered under the Government Proceedings Act 1956. (4) Upon the application of any person interested in any shares standing in the name of a deceased person or in any policy of assurance upon the life of a deceased person the Commissioner shall issue a certificate under his hand according to the circumstances — ( a ) that estate duty has been paid in respect of those shares or the sum payable on that policy; or ( b ) that those shares or that sum are not liable to estate duty. (5) Subsection (1) shall not apply to — ( a ) shares standing in the name of a deceased person in his securities account with the Central Depository (Pte) Limited where the aggregate market value of the shares, as at the date of his death, does not exceed $50,000; or ( b ) shares standing in the name of a deceased person in his CPF Investment Account under the Central Provident Fund Act 1953 where the aggregate market value of the shares, as at the date of his death, does not exceed $50,000.


document_id: eda-1929
provision_ref: s44
chapter: PART 6 - COLLECTION OF ESTATE DUTY
section: 44
title: Penalties for delay and intermeddling
content:
44. —(1) An accountable person who wilfully fails to comply with section 35(1) or (4) shall be liable to pay to the Government double the amount of the estate duty for which he is accountable. (2) Except as provided under section 43(5), if any person takes possession of or in any way administers any part of an estate of a deceased person in respect of which estate duty is leviable or of the income of any part of that estate without obtaining probate or letters of administration of that estate within 6 months after the death of the deceased or within 2 months after the termination of any action or proceeding respecting the will or the right to letters of administration, if there is any such action or proceeding which has not ended within 4 months after such death, he shall forfeit to the Government the sum of $1,000 and shall also be liable to pay to the Government double the amount of duty leviable.


document_id: eda-1929
provision_ref: s45
chapter: PART 6 - COLLECTION OF ESTATE DUTY
section: 45
title: Return of duty overpaid
content:
45. If the value of any property in respect of which estate duty has been paid is, within 3 years after such payment (or within such further period as the Commissioner may, in special circumstances, allow), proved to the satisfaction of the Commissioner to exceed the value of the property subject to estate duty on the death of the deceased, the Commissioner shall return the amount of duty, interest thereon and penalty, if any, which has been overpaid.


document_id: eda-1929
provision_ref: s46
chapter: PART 6 - COLLECTION OF ESTATE DUTY
section: 46
title: Payment of additional duty
content:
46. —(1) If at any time it is brought to the notice of any executor or other person accountable for estate duty that the property subject to estate duty on the death of the deceased was of greater value than that on which estate duty was actually computed, such executor or person, as the case may be, shall — ( a ) within one month after such notice, or within such further time as the Commissioner may allow, deliver a further estate duty return or further account; ( b ) pay the difference between the duty leviable according to the true value of the estate and the duty already paid; ( c ) at the same time pay to the Commissioner interest upon such difference at the appropriate rates specified in the Sixth Schedule from the date of the death, or from such subsequent date as the Commissioner may in the circumstances think proper — (i) in the case of a person dying before 1 January 2005, to the date of payment; (ii) in the case of a person dying on or after 1 January 2005, to whichever of the following dates occurs first: (A) the date of receipt by the Commissioner of the further estate duty return or further account required under paragraph ( a ) without omission of assets; (B) the date of the notice of assessment of the difference; or (C) the date of payment; and ( d ) in the case of a person dying on or after 1 January 2005, if the difference or interest thereon, if any, is not paid in full within 30 days from the date of the notice of assessment of the difference, pay to the Commissioner a penalty at the rates specified in section 36(2). (2) For the purposes of determining the penalty payable under subsection (1)( d ), the references in section 36(2) to — ( a ) the relevant date shall be read as the date 30 days after the date of the notice of assessment of the difference, or the date 6 months after the date of death of the deceased, whichever is the later; and ( b ) the unpaid estate duty shall be read as the unpaid difference, and includes any interest payable under subsection (1)( c ). (3) If any person, who ought to deliver a further return or account as mentioned in subsection (1), neglects to do so within the prescribed period, he shall forfeit to the Government the sum of $1,000 and shall also be liable to pay to the Government double the amount of additional duty leviable. (4) If an application has been made under section 47(1) in respect of a notice of assessment, no claim shall be made for the return of excess duty or for the payment of additional duty except on the ground that the particulars of the property passing on the death of the deceased, or the general expenses, debts or encumbrances for which allowance was made, were not correctly stated in the return or account.


document_id: eda-1929
provision_ref: s47
chapter: PART 6 - COLLECTION OF ESTATE DUTY
section: 47
title: Application to court
content:
47. —(1) An executor or other accountable person aggrieved by — ( a ) any claim by a notice of assessment by the Commissioner for payment of estate duty, interest thereon or penalty; or ( b ) the refusal of the Commissioner to return any estate duty, interest thereon or penalty alleged to have been overpaid, may, on payment of, or giving security under subsection (5) for, the amount claimed by the Commissioner or such portion of it as is then payable by him, apply to the General Division of the High Court within 3 months from the date of the claim or refusal, as the case may be. [40/2019] (2) The amount of the duty, interest and penalty shall be determined by the General Division of the High Court, and if the duty, interest and penalty as determined is less than that paid to the Commissioner the excess shall be repaid. [40/2019] (3) No appeal shall be allowed from any order, direction, determination or decision of the General Division of the High Court upon any application under this section except with the permission of the court to which such an appeal is to be made under section 29C of the Supreme Court of Judicature Act 1969. [40/2019] [Act 25 of 2021 wef 01/04/2022] (4) The costs of the application shall be in the discretion of the General Division of the High Court, and the General Division of the High Court, where it appears to the General Division of the High Court just, may order the Commissioner to pay on any excess of duty, interest or penalty repaid by him interest at the rate of 6% per annum for such period as appears to the General Division of the High Court just. [40/2019] (5) The General Division of the High Court, if satisfied that it would impose hardship to require the applicant, as a condition of the application, to pay the whole or, as the case may be, any part of the duty claimed by the Commissioner or of such portion of it as is then payable by him, may allow the application to be brought without payment of duty, or of such part only of the duty as to the General Division of the High Court seems reasonable, and on security to the satisfaction of the General Division of the High Court being given for the duty, or so much of the duty as is not so paid, but in such case the General Division of the High Court may order interest at the rate of 6% per annum to be paid on the unpaid duty so far as it becomes payable under the decision of the General Division of the High Court. [40/2019]


document_id: eda-1929
provision_ref: s48
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 48
title: Inspection of records, etc.
content:
48. Every public officer having in his custody any register, book, record, paper, document or proceeding, the inspection of which may tend to secure any estate duty, or to prove or lead to the discovery of any fraud or omission in relation to any estate duty, shall at all reasonable times permit any person authorised in writing by the Commissioner to inspect for such purpose the register, book, record, paper, document and proceeding, and to take such notes and extracts as he may consider necessary without fee or charge.


document_id: eda-1929
provision_ref: s49
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 49
title: Remission of estate duty
content:
49. The Minister may, by rule or order published in the Gazette , remit wholly or in part the estate duty payable in respect of any particular class of deceased persons or of any particular deceased person.


document_id: eda-1929
provision_ref: s50
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 50
title: Waiver of small duty and interest
content:
50. Where it appears to the Commissioner that the amount of any estate duty or additional duty or interest thereon to which any person is liable does not exceed — ( a ) in the case of estate duty or additional duty, $10; and ( b ) in the case of interest thereon, $5, he may waive the payment of the duty or interest, as the case may be.


document_id: eda-1929
provision_ref: s51
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 51
title: Reduction of penalties
content:
51. —(1) The Commissioner may reduce any penalty to which any person is liable under this Act or under any other Act relating to estate duty. (2) The court in any proceedings for the recovery of any penalty to which any person is liable under this Act or under any other Act relating to estate duty may reduce such penalty.


document_id: eda-1929
provision_ref: s52
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 52
title: Persons exempt from liability
content:
52. Nothing in this Act shall be deemed to subject to any liability any person who is entitled under any Act to deliver or order to be delivered property of a deceased person without letters of administration being taken out or any person to whom property is delivered by or by the order of such person.


document_id: eda-1929
provision_ref: s53
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 53
title: Composition of duties
content:
53. —(1) Where, by reason of the number of deaths on which property has passed or of the complicated nature of the interests of different persons in property which has passed on death, or from any other cause, it is difficult to ascertain exactly the amount of estate duty payable in respect of any property or any interest therein, or so to ascertain the amount without undue expense in proportion to the value of the property or interest, the Commissioner may — ( a ) on the application of any person accountable for any duty thereon, and upon his giving to the Commissioner all the information in his power respecting the amount of the property and the several interests therein, and other circumstances of the case, by way of composition for all or any of the estate duties payable in respect of the property or interest and the various interests therein or any of them, assess such sum on the value of the property or interest as having regard to the circumstances appears proper; and ( b ) accept payment of the sum so assessed in full discharge of all claims for estate duties in respect of that property or interest and shall give a certificate of discharge accordingly. (2) The certificate shall not discharge any person from any duty in the case of fraud or failure to disclose material facts.


document_id: eda-1929
provision_ref: s54
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 54
title: Penalty for false statement or false representation
content:
54. If any person for the purpose of obtaining any allowance, reduction, rebate or repayment in respect of any duty under this Act, either for himself or for any other person, or, in any return, affidavit or other document made with reference to or in connection with any duty under this Act, knowingly makes any false statement or false representation, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: eda-1929
provision_ref: s54A
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 54A
title: Protection of informers
content:
54A. —(1) Except as provided in subsection (3), no witness in any civil or criminal proceedings commenced on or after 16 November 2021 is obliged or permitted — ( a ) to disclose the identity of an informer who has given any information (whether the information is given before, on or after that date) with respect to an offence under this Act; or ( b ) to answer any question if the answer to the question would lead, or would tend to lead, to the discovery of the identity of the informer. [27/2021] (2) If any document which is in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which may lead to the discovery of the informer’s identity, the court must cause the entry to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery. [27/2021] (3) If — ( a ) in any proceedings for an offence under any written law, the court, after full enquiry into the case, believes that the informer wilfully made a material statement which the informer knew or believed to be false or did not believe to be true; or ( b ) in any other proceedings, the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the discovery of the informer, the court may permit enquiry and require full disclosure concerning the informer. [27/2021]


document_id: eda-1929
provision_ref: s55
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 55
title: Interest of deceased person in business to be notified
content:
55. —(1) Where a deceased person had any interest in any business carried on within Singapore either — ( a ) as a partner in the business; or ( b ) as a member of a Hindu joint family or families or of any coparcenary owning or having an interest in the business, the surviving partner or partners or the manager, agent, attorney or other person or persons having for the time being the management of the business shall notify the Commissioner of the nature and extent of the interest of the deceased therein. (2) Every person who fails without reasonable excuse to comply with this section shall be liable to pay to the Government such penalty not exceeding $1,000 as the Commissioner or, in the case of dispute or neglect to pay, the court may determine. (3) For the purpose of recovering such penalty, an enforcement order may be executed against the property of that person or against any property situate within Singapore of such business or against the property of any partner or coparcener therein. [Act 25 of 2021 wef 01/04/2022] (4) In this section — “business” includes every profession, and every form of trade, commerce, banking, insurance, moneylending, habitual letting of premises, rent collecting, craftsmanship and other occupation or activity carried on by one or more persons for the purpose of gain; and “business carried on within Singapore” includes any branch, agency or associated business carried on within Singapore of any business established, carried on or owned wholly or in part by any person or persons outside Singapore.


document_id: eda-1929
provision_ref: s56
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 56
title: Intervention by Commissioner in pending suits
content:
56. —(1) In every suit or proceeding, the court may have regard to the estate duty that may be payable on property passing on the death of any person and may, if the court considers it necessary for securing the payment of any estate duty, cause notice to be served on the Commissioner. (2) The Commissioner may thereupon or at any time thereafter intervene in such suit or proceeding and may with permission of the court be joined as a party thereto. [Act 25 of 2021 wef 01/04/2022] (3) The Commissioner may of his own motion intervene and be heard, either personally or by counsel in any pending suit or proceeding by which the right to claim or receive estate duty is or is likely to be affected. (4) The costs of or occasioned by the intervention of the Commissioner shall be in the discretion of the court.


document_id: eda-1929
provision_ref: s57
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 57
title: Facts stated in Commissioner’s certificate need not be proved
content:
57. Any statement made in any certificate issued by the Commissioner shall be presumed to be correct until the contrary is proved and, in the absence of proof to the contrary, a court shall act on any such statement without requiring further proof thereof.


document_id: eda-1929
provision_ref: s58
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 58
title: Signature and service of notices
content:
58. —(1) Every notice given by the Commissioner, a Deputy Commissioner or an officer authorised by the Commissioner under section 4(4) shall bear the name of the Commissioner, Deputy Commissioner or officer, as the case may be, and every such notice shall, if the name of the Commissioner, Deputy Commissioner or officer is duly printed or stamped thereon, be as valid and effectual as if it were signed by the Commissioner, Deputy Commissioner or officer, as the case may be. (2) Every notice, given by virtue of this Act, may be served on a person either personally or by being delivered at, or sent by post to, an address furnished by him for the purpose of service of notices, or his last known address or place of residence or to any place at which he is or has been carrying on business. (3) In proving service by post, it shall be sufficient to prove that the letter containing the notice was duly addressed and posted. (4) Every notice required under this Act to be served on a person who is not resident in Singapore may be served on his agent in Singapore.


document_id: edba-1961
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Economic Development Board established under section 3; “chief executive officer” means the chief executive of the Board, and includes any individual acting in that capacity; “enterprise” means any entity incorporated, formed or established in Singapore or elsewhere, whether or not for profit, and howsoever owned or controlled, and includes — ( a ) a corporation, a sole proprietorship, a partnership, a joint venture, a trust and an association; and ( b ) a branch of an enterprise; “member” means a member of the Board; “underwrite” means to contract, with or without conditions, to subscribe for stocks, shares, bonds or debentures of an enterprise with a view to the resale of the whole or part of it. [5/2018]


document_id: edba-1961
provision_ref: s3
section: 3
title: Establishment of Board
content:
3. —(1) A body called the Economic Development Board is established. (2) The Board is a body corporate with perpetual succession and a common seal and is by that name capable of — ( a ) acquiring, owning, holding and developing or disposing of property, both movable and immovable; ( b ) suing and being sued; and ( c ) doing and suffering any other acts or things that bodies corporate may lawfully do and suffer. (3) The Board may perform any of its functions or carry out any of its duties under the business name of “EDB”, or any other business name that the Minister may, by notification in the Gazette , specify.


document_id: edba-1961
provision_ref: s4
section: 4
title: Chairperson of Board
content:
4. The Minister must appoint a Chairperson of the Board to hold office, subject to the provisions of this Act, for such period and on such terms as the Minister may determine.


document_id: edba-1961
provision_ref: s5
section: 5
title: Constitution of Board
content:
5. —(1) The Board consists of — ( a ) the Chairperson; and ( b ) not less than 5 and not more than 15 other members who must be appointed by the Minister. (2) The quorum at every meeting of the Board is one‑third of the total number of members or 3 members, whichever is the higher. (3) The Board is to meet at such times and places as the Board may determine. (4) The members of the Board appointed by the Minister under subsection (1)( b ) hold office for such period and on such terms and conditions as the Minister may determine, and are eligible for re‑appointment. (5) The Minister may appoint not more than 2 members of the Board to be Deputy Chairpersons of the Board. (6) Where the Chairperson of the Board is absent or otherwise incapable of acting, or there is a vacancy in the office of Chairperson — ( a ) one of the Deputy Chairpersons as the Minister may direct, or in default of any such direction one of them as the members may agree; or ( b ) if there is only one Deputy Chairperson, that Deputy Chairperson, may exercise any of the functions of the Chairperson. (7) Where the Chairperson and every Deputy Chairperson of the Board is absent or otherwise incapable of acting, or there is no such person, a member of the Board as the Minister may direct, or in default of any such direction a member as the Board may agree, may perform any of the functions of the Chairperson. (8) The Chairperson of the Board or the person lawfully acting as Chairperson at any meeting of the Board has an original as well as a casting vote. (9) The members of the Board must be paid out of the funds of the Board such salaries, fees or allowances as the Minister may determine. (10) The Minister may at any time revoke the appointment of the Chairperson or of any other member of the Board. (11) The Schedule has effect with respect to the Board, its members and proceedings.


document_id: edba-1961
provision_ref: s6
section: 6
title: Functions of Board
content:
6. —(1) The functions of the Board are — ( a ) to stimulate the growth, expansion and development of the Singapore economy; ( b ) pursuant to paragraph ( a ), to formulate investment promotion policies and plans, and promotional incentives and strategies; ( c ) to promote, facilitate and assist in the development of support industries and services which provide important parts, components and related services to the manufacturing and services sector; ( d ) to encourage foreign and local industries to upgrade their skill and technological levels through investment in technology, automation, training, research and product development activities; ( e ) to support the development of local entrepreneurs and small and medium enterprises and to assist local enterprises to expand and upgrade their operations; ( f ) to provide or support training in skills required for the development of the Singapore economy; ( g ) to identify key enterprises and encourage them to establish their international headquarters in Singapore and undertake a wide range of international service and business activities; and ( h ) to exercise or perform any function or duty conferred upon the Board under any other written law. (2) In addition to the functions imposed by this section, the Board may undertake any other functions that the Minister may assign to the Board, and in so doing — ( a ) the Board is deemed to be fulfilling the purposes of this Act; and ( b ) the provisions of this Act apply to the Board in respect of the functions. (3) This section is not to be construed as imposing on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.


document_id: edba-1961
provision_ref: s7
section: 7
title: Directions by Minister
content:
7. —(1) The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) The Board must furnish the Minister with such information with respect to its property and activities as the Minister may require.


document_id: edba-1961
provision_ref: s8
section: 8
title: Chief executive officer
content:
8. —(1) There must be a chief executive officer of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive officer during any period, or during all periods, when the chief executive officer — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018]


document_id: edba-1961
provision_ref: s9
section: 9
title: Appointment of officers, employees, etc.
content:
9. The Board may — ( a ) subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions; and ( b ) engage and remunerate for their services such persons or agents as the Board considers necessary for carrying out its functions and duties. [5/2018] 10. [ Repealed by Act 11 of 2008 ]


document_id: edba-1961
provision_ref: s11
section: 11
title: Rules for establishment of pension or provident fund scheme
content:
11. —(1) Subject to the approval of the Minister, the Board may make rules for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident funds or other superannuation benefits to such officers or classes of officers of the Board as it may determine, on their death or retirement from, or on their otherwise leaving, the service of the Board. (2) The following provisions apply to any scheme established under this section: ( a ) no assurance on the life of any contributor under the scheme, and no moneys or other benefits payable under any such assurance, and no payment made under the scheme to any person who has been employed by the Board, shall be assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever other than a debt due to the Board or to the Government; ( b ) no donation by the Board or contribution by its officers made under the scheme and no interest thereon shall be assignable or transferable or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever other than a debt due to the Board or to the Government; ( c ) no such donation, contribution or interest shall be subject to the debts of the contributor, nor shall such donation, contribution or interest pass to the Official Assignee on the bankruptcy of the contributor, but, if the contributor is adjudicated a bankrupt or is declared insolvent by a court, the donation, contribution or interest is, subject to the provisions of this Act, deemed to be subject to a trust in favour of the persons entitled thereto on the death of the contributor; ( d ) the bankruptcy of a contributor does not affect the making of deductions from the salary of the contributor in accordance with the scheme, but the deductions must continue to be made despite the provisions of any written law, and the portion of salary so deducted is not to be deemed to form part of the contributor’s after-acquired property; ( e ) subject to the provisions of the scheme, all moneys paid or payable under the scheme on the death of a contributor is deemed to be subject to a trust in favour of the persons entitled thereto under the will or intestacy of the deceased contributor, or under a nomination in the form prescribed in the scheme, and is not to be deemed to form part of the contributor’s estate or be subject to the payment of the contributor’s debts, but those moneys are deemed to be property passing on the contributor’s death for the purposes of the Estate Duty Act 1929; ( f ) any contributor may, by a memorandum under the hand of the contributor, appoint a trustee or trustees of the moneys payable on the contributor’s death out of the scheme and may make provision for the appointment of a new trustee or new trustees of those moneys and for the investment thereof, and the memorandum must be in the form prescribed in the scheme and must be deposited with the Board; ( g ) if at the time of the death of any contributor or at any time afterwards, there is no trustee of those moneys or it is expedient to appoint a new trustee or new trustees, then and in that case a trustee or trustees or a new trustee or new trustees may be appointed by the General Division of the High Court; and ( h ) the receipt of a trustee or trustees duly appointed, or in default of the appointment and of written notice thereof to the Board, the receipt of the legal personal representative of a deceased contributor is a discharge to the Board for any moneys payable on the contributor’s death out of any such scheme. [40/2019]


document_id: edba-1961
provision_ref: s12
section: 12
title: Appointment of committees and delegation of powers
content:
12. —(1) The Board may appoint from among its own members or from among other persons such number of committees as it thinks fit for purposes which, in the opinion of the Board, would be more expediently carried out or managed by means of the committees. (2) The Board may, subject to such conditions or restrictions as it thinks fit, delegate — ( a ) to any of its members including the Chairperson and each Deputy Chairperson; ( b ) to its chief executive officer, or any of its officers or employees; ( c ) to any committee appointed by it under subsection (1); or ( d ) to any other person as it thinks fit, any of the functions or powers of the Board under this Act or any other written law. [5/2018] (3) Any function or power delegated under subsection (2) to any person or committee may be performed or exercised by that person or committee in the name and on behalf of the Board. 13. [ Repealed by Act 11 of 2008 ]


document_id: edba-1961
provision_ref: s14
section: 14
title: Protection from personal liability
content:
14. —(1) No matter or thing done and no contract of any kind entered into by the Board and no matter or thing done by any member of the Board or by any officer or employee thereof or any other person acting under the direction of the Board shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of executing the provisions of this Act, subject the member, officer or employee or any person acting under the direction of the Board personally to any action, liability, claim or demand whatsoever in respect thereof. (2) Any expense incurred by the Board or any member, officer, employee or other person so acting under the direction of the Board must be borne by and repaid out of the funds of the Board. (3) Where the Board provides a service to the public whereby information is supplied to the public pursuant to any written law, neither the Board nor any of its members, officers or employees involved in the supply of such information shall be liable for any loss or damage suffered by any member of the public by reason of any error or omission of whatever nature appearing in the information or however caused if made in good faith and in the ordinary course of the discharge of the duties of the member, officer or employee. 15. [ Repealed by Act 5 of 2018 ]


document_id: edba-1961
provision_ref: s16
section: 16
title: Provision of working capital
content:
16. For the purpose of enabling the Board to carry out its objects and to defray expenditure properly chargeable to capital account, including defraying initial expenses, and for the provision of working capital, the Minister may authorise payment to the Board of any sum that the Minister may determine.


document_id: edba-1961
provision_ref: s16A
section: 16A
title: Funds and property of Board
content:
16A. The funds and property of the Board consist of — ( a ) any moneys appropriated by Parliament for the purposes of the Board; ( b ) all moneys paid to the Board for the purposes of the Board; ( c ) all moneys paid to the Board by way of grants, subsidies, donations, gifts, fees, charges, rents, interest, dividends and royalties; ( d ) all moneys derived from the sale of any property belonging to or held by or on behalf of the Board; ( e ) all moneys derived by the Board from the sale of its publications; ( f ) all moneys received by the Board for services rendered by it or by any practice or process developed by it; ( g ) all moneys, dividends or income received from any transaction made pursuant to the powers conferred on the Board by this Act; ( h ) all other moneys and property lawfully received by the Board for the purposes of the Board; and ( i ) all accumulations of income derived from any such property or money.


document_id: edba-1961
provision_ref: s17
section: 17
title: Borrowing powers
content:
17. —(1) For the discharge of its functions or duties under this Act or any other written law, the Board may raise loans from the Government or, with the approval of the Minister, raise loans within or outside Singapore from any source that the Minister may direct by — ( a ) mortgage, overdraft or other means, with or without security; ( b ) charge, whether legal or equitable, on any property vested in the Board or on any other revenue receivable by the Board under this Act or any other written law; or ( c ) the creation and issue of debentures, bonds or any other instrument as the Minister may approve. (2) For the purposes of this section, the power to raise loans includes the power to make any financial agreement by which credit facilities are granted to the Board for the purchase of goods, materials or things.


document_id: edba-1961
provision_ref: s17A
section: 17A
title: Issue of shares, etc.
content:
17A. As a consequence of — ( a ) the vesting of any property, rights or liabilities of the Government in the Board under this Act; or ( b ) any capital injection or other investment by the Government in the Board in accordance with any written law, the Board must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: edba-1961
provision_ref: s18
section: 18
title: General powers of Board
content:
18. —(1) The Board has power to do anything for the purpose of discharging its functions under this Act or any other written law, or which is incidental or conducive to the discharge of those functions. (2) Without limiting subsection (1) but subject to this Act, the powers of the Board include the power — ( a ) with the written approval of the Minister, to underwrite the issue of stocks, shares, bonds or debentures by enterprises; ( b ) with the written approval of the Minister, to guarantee, on such terms and conditions as may be agreed upon, loans raised by enterprises which — (i) are repayable within a period not exceeding 25 years; or (ii) are floated in the public market; ( c ) to grant loans or advances to, or subscribe to stocks, shares, bonds or debentures of enterprises; ( d ) to manage, control or supervise enterprises by nominating directors or advisers or otherwise collaborating with them or entering into partnerships or any other arrangement for jointly working with them; ( e ) with the written approval of the Minister, to establish, sell shares of, invest in and manage enterprises; ( f ) to act as agent for the Government or, with its approval, for any other person in the transaction of any business with an enterprise in respect of loans or advances granted or debentures subscribed by the Government or that other person; ( g ) to acquire, sell or lease land for the purposes of industrial sites, for the housing of employees or for general economic development; ( h ) to lay out industrial estates for sale or lease; ( i ) to provide technical advice and assistance to enterprises and to build up a corps of engineering and managerial staff to provide the assistance; ( j ) to exercise and perform all powers, duties and functions which, under or by virtue of any other written law, are or may be or become vested in or delegated to it; ( k ) to receive in consideration of the services rendered by it any commission that may be agreed upon; ( l ) to provide and maintain, either within Singapore or otherwise, housing accommodation, including convalescent or holiday houses for the employees of the Board and to provide and maintain for the employees clubs and playing fields; ( m ) to provide educational facilities and to grant loans to the employees of the Board, or to act as guarantor for loans taken by them, to enable them to purchase their own houses and vehicles; and to award scholarships or to give loans to the employees to obtain professional, technical or other training; ( n ) with the written approval of the Minister, to award compensation to any person sustaining any damage by reason of the exercise of any of the powers under this Act by the Board or by any employee of the Board; ( o ) to act as agent for any enterprise; ( p ) to carry out experimental work and to conduct, promote and encourage the study of, and research in, matters connected with any of the Board’s purposes and functions; ( q ) to invest its funds in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965; ( r ) to finance or carry out or assist in carrying out any scheme in connection with urban redevelopment; ( s ) to foster the growth of the Singapore economy by developing the appropriate infrastructure and formulating and implementing investment promotion policies and plans, incentives and strategies to support enterprises in Singapore; and ( t ) to provide training in the fields related to the functions and powers of the Board, and financial assistance for the training in the form of bursaries, scholarships, loans, grants or otherwise. (3) The Board may, in addition to the powers vested in it by this section, exercise any other powers that the Minister may authorise the Board in writing to exercise. (4) The Board is, when it is exercising powers authorised by the Minister under subsection (3), deemed to be exercising powers vested in it by subsection (1). (5) This section is not to be construed as limiting any power of the Board conferred by or under any other written law.


document_id: edba-1961
provision_ref: s19
section: 19
title: Rights of Board in case of default
content:
19. —(1) Where any enterprise which is under a liability to the Board under an agreement makes any default in repayment or otherwise fails to comply with the terms of its agreement with the Board, the Board has, without affecting any other rights or remedies which it may possess under the law, the right to take over the management of the enterprise, as well as the right to sell and realise the property pledged, mortgaged, hypothecated or assigned to the Board. (2) Any transfer of property made by the Board in exercise of its powers of sale and realisation under subsection (1) vests in the transferee all rights in or to the property transferred as if the sale had been made by the owner of the property. (3) The Board has the same rights and powers with respect to goods manufactured or produced wholly or partly from goods forming part of security held by it, as it had with respect to the original goods. (4) Where the Board takes over the management of an enterprise under subsection (1), it is deemed to be the owner of the enterprise for purposes of suits by or against the enterprise and may sue and be sued in the name of the owner of the enterprise.


document_id: edba-1961
provision_ref: s20
section: 20
title: Power to call for repayment before agreed period
content:
20. Despite any agreement to the contrary, and without affecting any other rights or remedies which it may possess under the law, the Board may by notice require any enterprise, to which it has granted any loan, advance or incentive, to immediately discharge in full its liabilities to the Board — ( a ) if it appears to the Board that false or misleading information in any material particular was given in the application for the loan, advance or incentive; ( b ) if the enterprise has failed to comply with the terms of its contract with the Board in the matter of the loan, advance or incentive; ( c ) if there is a reasonable apprehension that the enterprise is unable to pay its debts or that proceedings for liquidation may be commenced in respect thereof; ( d ) if the property pledged, mortgaged, hypothecated or assigned to the Board as security for the loan, advance or incentive is not insured and kept insured by the enterprise to the satisfaction of the Board, or depreciates in value, in the opinion of the Board, by more than 20% and further security to the satisfaction of the Board is not given; ( e ) if, without the permission of the Board, machinery and other equipment, whether forming part of the security or otherwise, is removed from the premises of the enterprise without being replaced; or ( f ) if for any reason it is necessary in the opinion of the Board to protect the interests of the Board.


document_id: edba-1961
provision_ref: s21
section: 21
title: Special provisions for enforcement of claims by Board
content:
21. —(1) Where by reason of the breach of any condition of an agreement between the Board and an enterprise, the Board becomes entitled to call for the immediate payment of any loan, advance or incentive granted by it before the due date or where the due date has expired, and the enterprise fails to repay the loan, advance or incentive, any officer of the Board generally or specially authorised by the Board in that behalf may apply to the General Division of the High Court for one or more of the following reliefs: ( a ) an order for the sale of the property pledged, mortgaged, hypothecated or assigned to the Board as security for the loan, advance or incentive; ( b ) transferring the management of the enterprise to the Board; ( c ) an interim injunction where there is apprehension of the machinery or the equipment being removed from the premises of the enterprise without the permission of the Board. [40/2019] (2) An application under subsection (1) must state the nature and extent of the liability of the enterprise to the Board, the ground on which it is made and the particulars prescribed. (3) Where the application is for the reliefs mentioned in subsection (1)( a ) and ( c ), the Judge is to make an interim order attaching the security or so much of the property of the enterprise as would on being sold realise in the Judge’s estimation an amount equivalent in value to the outstanding liability of the enterprise to the Board, together with the costs of the proceedings taken under this section with or without an interim injunction restraining the enterprise from transferring or removing its machinery or equipment. (4) Where the application is for the relief mentioned in subsection (1)( b ), the Judge is to grant an interim injunction restraining the enterprise from transferring or removing its machinery or equipment and to issue a notice calling upon the enterprise to show cause on a date to be specified in the notice as to why the management of the enterprise should not be transferred to the Board. (5) Before making any order or injunction under subsection (3) or (4), the Judge may examine the officer making the application. (6) At the same time as the Judge makes an interim order under subsection (3), the Judge is to issue to the enterprise a notice accompanied by copies of the order, the application and the evidence (if any) recorded by the Judge, calling upon the enterprise to show cause on a date to be specified in the notice as to why the interim order of attachment should not be made absolute or the injunction confirmed. (7) If no cause is shown on or before the date specified in the notice under subsections (4) and (6), the Judge is to immediately make the interim order final and direct the sale of the attached property or transfer the management of the enterprise to the Board or confirm the injunction. (8) If cause is shown, the Judge is to proceed to investigate the claim of the Board and the provisions of the Rules of Court apply as far as practicable to the proceedings. (9) On an investigation made under subsection (8), the Judge is to make an order — ( a ) confirming the order of attachment and directing the sale of the attached property; ( b ) varying the order of attachment so as to release a portion of the property from attachment and directing the sale of the remainder of the attached property; ( c ) releasing the property from attachment, if the Judge is satisfied that it is not necessary in the interests of the Board; ( d ) confirming or dissolving the injunction; or ( e ) transferring the management of the enterprise to the Board or rejecting the claim made in this behalf. (10) When making any order under subsection (9)( c ), the Judge may make such further orders as the Judge thinks necessary to protect the interests of the Board, and may apportion the costs of the proceedings in such manner as the Judge thinks fit. (11) Unless the Board intimates to the Judge that it will not appeal against any order releasing any property from attachment, the order is not to be given effect to until the expiry of the period mentioned in subsection (13) within which an appeal may be lodged, or if an appeal is lodged, unless the court hearing the appeal otherwise directs, until the appeal is disposed of. [40/2019] (12) An order of attachment or sale of property under this section must be carried into effect as far as may be practicable in the manner provided in the Rules of Court for the seizure and sale of property in enforcement of any judgment or order, as if the Board were the judgment creditor. [Act 25 of 2021 wef 01/04/2022] (13) Any party aggrieved by an order made under subsection (9) or (10) may appeal against the order within 30 days after the date of the order. [40/2019]


document_id: edba-1961
provision_ref: s22
section: 22
title: Application of sections 19, 20 and 21 to tourist enterprises
content:
22. Any reference to an enterprise in sections 19, 20 and 21 is to be read as including a reference to a tourist enterprise as defined in the Tourist Promotion Board Act (Cap. 328, 1985 Revised Edition) in force immediately before 20 November 1997.


document_id: edba-1961
provision_ref: s23
section: 23
title: Compulsory acquisition of land
content:
23. —(1) Where any immovable property, not being State land, is needed for the purposes of the Board, the Board may request, and the President may if the President thinks fit direct, the acquisition of that property. (2) The property referred to in subsection (1) may be acquired in accordance with the provisions of any written law relating to the acquisition of land for a public purpose. (3) Any declaration required under any such written law that the property is so needed may be made (even though compensation is to be paid out of the funds of the Board) and the declaration has effect as if it were a declaration that the property is needed for a public purpose made in accordance with that written law. 24. [ Repealed by Act 5 of 2018 ] 24A. [ Repealed by Act 5 of 2018 ] 25. [ Repealed by Act 5 of 2018 ]


document_id: edba-1961
provision_ref: s26
section: 26
title: Special provisions as to sale or purchase by Board of land, etc.
content:
26. For the purpose of the registration of any assurance pertaining to the sale or the purchase by the Board of any land, the mortgage of the land or the reconveyance or discharge of the mortgage — ( a ) in the case of land registered under the Registration of Deeds Act 1988, section 11 of that Act does not apply; and ( b ) in the case of land registered under the Land Titles Act 1993, where a solicitor is not employed by the Board, a certificate of an officer of the Board is sufficient for the purposes of section 59(3) of that Act.


document_id: edba-1961
provision_ref: s27
section: 27
title: Common seal
content:
27. —(1) The Board must have a common seal and the seal may be broken, altered or made anew as the Board thinks fit. (2) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Board affixed to any document and presume that it was duly affixed.


document_id: edba-1961
provision_ref: s27A
section: 27A
title: Name, symbol or representation of Board
content:
27A. —(1) The Board has the exclusive right to the use of such name, symbol or representation as the Board may select or devise and to display or exhibit the name, symbol or representation in connection with the Board’s activities or affairs. (2) Any person who uses a name, symbol or representation identical with that of the Board, or which so resembles the Board’s name, symbol or representation as to deceive or cause confusion, or to be likely to deceive or cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.


document_id: edba-1961
provision_ref: s27B
section: 27B
title: Preservation of secrecy
content:
27B. —(1) A person who is or has been — ( a ) a member, an officer, an employee or an agent of the Board; or ( b ) a member of a committee of the Board, must not disclose any information relating to the affairs of the Board or of any other person which has been obtained by him or her in the performance of his or her duties or the exercise of his or her functions unless the disclosure is made — ( c ) with the permission of the person from whom the information was obtained or, where the information is the confidential information of a third person, with the permission of that third person; ( d ) for the purpose of the administration or enforcement of this Act; ( e ) in compliance with the requirement of any court or as required or allowed under the provisions of any written law; ( f ) with the prior authorisation from the Board to do so; or ( g ) for the purpose of assisting any public officer or officer of any other statutory board in the investigation or prosecution of any offence under any written law. [5/2018] (2) A person who is or has been — ( a ) a member, an officer, an employee or an agent of the Board; or ( b ) a member of a committee of the Board, must not, for his or her own personal benefit or for the personal benefit of any other person, make use of any information, whether directly or indirectly, which has been obtained by him or her in the performance of his or her duties or the exercise of his or her functions. (3) For the purpose of this section, the reference to a person disclosing or making use of any information includes his or her permitting any other person to have any access to any record, document or other thing which is in his or her possession or under his or her control by virtue of his or her being or having been a member, an officer, an employee or an agent of the Board or a member of a committee of the Board. (4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: edba-1961
provision_ref: s29
section: 29
title: Regulations
content:
29. —(1) The Minister may, after consulting with the Board, make any regulations that the Minister may consider necessary or desirable for the proper conduct of the business of the Board including, without limiting the foregoing, regulations with regard to any of the following matters: ( a ) the convening of meetings of the Board and the procedure to be followed at the meetings, to the extent not inconsistent with the Public Sector (Governance) Act 2018; ( b ) the appointment or establishment of committees of the members of the Board, and the co-opting of persons other than members of the Board to those committees; ( c ) the provision of a common seal and the custody and use of the common seal; ( d ) the manner in which documents, cheques and instruments of any description are to be signed or executed on behalf of the Board; ( e ) the manner and terms of issue and redemption of bonds and debentures by the Board; ( f ) generally for the exercise of the Board’s powers under the provisions of this Act. [5/2018] (2) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette . (3) If a resolution is passed pursuant to a motion notice of which has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of 3 months from the date when the regulations are so presented annulling the regulations or any part thereof as from a specified date, the regulations or such part thereof (as the case may be) become void as from that date but without affecting the validity of anything previously done thereunder or to the making of new regulations.


document_id: edma-1999
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Authority” means the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act 1970; “Financial Sector Development Fund” means the Financial Sector Development Fund established under Part 5 of the Monetary Authority of Singapore Act 1970; “registered owner”, in relation to a SIMEX seat, means the person allotted a SIMEX seat and registered as the owner of a SIMEX seat in the register of allotment of seats referred to in the articles of association of SIMEX; “SCCS” means Securities Clearing and Computer Services (Pte) Limited; “SCCS shares” means shares issued by Securities Clearing and Computer Services (Pte) Limited; “SES” means Stock Exchange of Singapore Limited; “SES shares” means shares issued by Stock Exchange of Singapore Limited; “SIMEX” means Singapore International Monetary Exchange Limited; “SIMEX seat” means the place on the SIMEX futures market referred to in the articles of association of SIMEX as a “seat” and allotted by the Board of Directors of SIMEX in accordance with the rules of SIMEX; “SIMEX shares” means shares issued by Singapore International Monetary Exchange Limited; “special purpose company” means a company incorporated in Singapore and designated by the Minister under section 3(2)( b ); “transfer date” means the transfer date referred to in section 3(1); “transferee holding company” means a public company incorporated in Singapore and designated by the Minister under section 3(2)( a ); “transferee holding company’s shares” means shares issued by the transferee holding company. [42/2001]


document_id: edma-1999
provision_ref: s3
section: 3
title: Transfer date and designation of companies
content:
3. —(1) The transfer date is 1 December 1999. (2) The Minister may, by notification in the Gazette , designate — ( a ) a public company incorporated in Singapore to be the transferee holding company for the purposes of this Act; and ( b ) a company incorporated in Singapore to be the special purpose company for the purposes of this Act.


document_id: edma-1999
provision_ref: s4
section: 4
title: Reduction of share capital of SES, SIMEX and SCCS
content:
4. —(1) The capital of SES is, on the transfer date, reduced by cancelling all issued SES shares as at the transfer date which are 34 SES shares. (2) The capital of SIMEX is, on the transfer date, reduced by cancelling all issued SIMEX shares as at the transfer date which are 40 SIMEX shares. (3) The capital of SCCS is, on the transfer date, reduced by cancelling all issued SCCS shares as at the transfer date which are 34 SCCS shares. (4) Every certificate representing a holding of SES shares, SIMEX shares or SCCS shares held immediately before the transfer date — ( a ) is, on the transfer date, deemed to be cancelled; and ( b ) ceases, on the transfer date, to have effect as a document of title of the shares comprised in that certificate. (5) The reduction of the share capital of SES, SIMEX and SCCS under subsections (1), (2) and (3), respectively, is not subject to the requirements of section 73 of the Companies Act (Cap. 50, 1994 Revised Edition) (which provides for special resolution for reduction of share capital), as the case may be.


document_id: edma-1999
provision_ref: s5
section: 5
title: Capital creation and issue of shares of SES, SIMEX and SCCS
content:
5. —(1) Immediately upon the reduction of the issued share capital of SES under section 4(1) taking effect, the capital of SES is increased to $34 by the creation of 34 SES shares and such shares are allotted and issued and credited as fully paid‑up to the transferee holding company on the transfer date. (2) Immediately upon the reduction of the issued share capital of SIMEX under section 4(2) taking effect, the capital of SIMEX is increased to $40 by the creation of 40 SIMEX shares and such shares are allotted and issued and credited as fully paid‑up to the transferee holding company on the transfer date. (3) Immediately upon the reduction of the issued share capital of SCCS under section 4(3) taking effect, the capital of SCCS is increased to $34 by the creation of 34 SCCS shares and such shares are allotted and issued and credited as fully paid‑up to the transferee holding company on the transfer date. (4) The transferee holding company must, within 30 days of the transfer date, give a notice to the Registrar of Companies of the particulars of the capital reduction under section 4 and the capital creation under this section. (5) Nothing in — ( a ) the memorandum of association or articles of association of SES, SIMEX or SCCS; or ( b ) the rules, regulations or by‑laws of SES, SIMEX or SCCS, prohibits the capital reduction under section 4 and the capital creation under this section.


document_id: edma-1999
provision_ref: s6
section: 6
title: Allotment and issue of transferee holding company’s shares
content:
6. —(1) The transferee holding company must, on the transfer date, allot and issue to SES shareholders as at the transfer date such number of new transferee holding company’s shares as amounting to $6 million in value for each SES share, with the exception of the SES shares held by any SES shareholder in involuntary liquidation as at 4 November 1998 including Associated Asian Securities (Pte) Limited (in liquidation). (2) No fraction of a new transferee holding company’s share may be allotted or issued to any SES shareholder. (3) The transferee holding company must, on the transfer date, allot and issue — ( a ) to SIMEX shareholders as at the transfer date, such number of new transferee holding company’s shares as amounting to $115,000 in value for each SIMEX share, with the exception of the SIMEX shares held by any SIMEX shareholder in involuntary liquidation as at 4 November 1998; and ( b ) to registered owners of SIMEX seats as at the transfer date, such number of new transferee holding company’s shares as amounting to $170,000 in value for each SIMEX seat. (4) No fraction of a new transferee holding company’s share may be allotted or issued to any SIMEX shareholder or any registered owner of a SIMEX seat. (5) The transferee holding company’s shares issued under this section is — ( a ) of such value as the Minister may, by notification in the Gazette , determine; and ( b ) issued as fully paid and deemed for the purposes of the Companies Act 1967 as if they had been paid‑up.


document_id: edma-1999
provision_ref: s7
section: 7
title: Transfer of reserves of SES, SIMEX and SCCS
content:
7. —(1) The assets of SES, SIMEX and SCCS, respectively, certified under subsection (2) are to be transferred to the transferee holding company on such date or dates as the Minister may determine. (2) For the purposes of subsection (1), the Minister must on the transfer date and from time to time certify, by notification in the Gazette , the description and value of the assets to be transferred to the transferee holding company on such date or dates as the Minister may determine. (3) For the purposes of this section, “assets” means property and assets of every description (whether present or future, actual or contingent) wheresoever situate, and includes property held on trust and securities, rights, benefits, powers and liabilities of every description.


document_id: edma-1999
provision_ref: s8
section: 8
title: Sale of transferee holding company’s shares by special purpose company
content:
8. —(1) The transferee holding company must make a single offer to the special purpose company of such number of its shares for subscription, at such par value, as the Minister may, by written notice, direct. (1A) The special purpose company may, with the Minister’s approval — ( a ) subscribe to any rights issue by the transferee holding company; ( b ) elect to receive shares in any scrip dividend scheme; and ( c ) participate in any other corporate action taken by the transferee holding company under which the special purpose company may opt to receive additional shares issued by the transferee holding company. [Act 4 of 2022 wef 21/03/2022] (2) The special purpose company must, from time to time, offer for sale such number of the transferee holding company’s shares (whether acquired under subsection (1) or (1A)), at such price and on such terms, as the Minister may, by written notice, direct. [Act 4 of 2022 wef 21/03/2022] (3) Subdivision 2 of Division 1 of Part 13 of the Securities and Futures Act 2001 (which provides for prospectus requirements) does not apply to an offer of shares made by the transferee holding company under subsection (1) or by the special purpose company under subsection (2). [42/2001] (4) Section 76 of the Companies Act 1967 (which prohibits a company from financing dealings in its own shares) does not apply in relation to any guarantee, indemnity, warranty, representation or other undertaking given or obligation assumed by the transferee holding company or the special purpose company in relation to an offer of shares made under subsection (1) or (2). (5) In subsection (1A), “scrip dividend scheme” means a scheme by the transferee holding company which enables shareholders of the company to elect to receive shares in the company in lieu of part or all of the cash amount of any dividend declared on the transferee holding company’s shares held by the shareholders. [Act 4 of 2022 wef 21/03/2022]


document_id: edma-1999
provision_ref: s9
section: 9
title: Exemption from section 59 of Companies Act 1967
content:
9. Section 59 of the Companies Act 1967 (which requires a statement in lieu of a prospectus on allotment of shares) does not apply to the issue of the transferee holding company’s shares under section 6 or 8.


document_id: edma-1999
provision_ref: s10
section: 10
title: Proceeds from sale of shares
content:
10. —(1) The Authority is authorised to utilise the proceeds raised in connection with the sale of the transferee holding company’s shares made under section 8(2) to meet the expenses and fees associated with the demutualisation and merger of SES, SIMEX and SCCS, the formation of the transferee holding company and the special purpose company and the offer and sale of the transferee holding company’s shares. (2) The remainder of the proceeds mentioned in subsection (1) must be paid by the special purpose company into the Financial Sector Development Fund. [Act 4 of 2022 wef 21/03/2022]


document_id: edma-1999
provision_ref: s11
section: 11
title: Application of Companies Act 1967 to shares held by special purpose company
content:
11. —(1) Despite section 139 or 140 of the Securities and Futures Act 2001 (relating to take‑overs offers) and the Take‑over Code mentioned in section 139(2) of that Act (called in this section the Code), the transferee holding company’s shares held by the special purpose company which it acquired under section 8(1) or (1A) are not to be taken into account in determining whether — ( a ) the special purpose company; ( b ) any other company that is deemed by virtue of section 6 of the Companies Act 1967 to be related to the special purpose company; or ( c ) a company acting in concert with the company mentioned in paragraph ( a ) or ( b ), as defined in the Code, has acquired shares which carry the right to exercise or control the exercise of the votes attached to the transferee holding company’s shares for the purposes of section 139 or 140 of the Securities and Futures Act 2001 or the Code. [Act 4 of 2022 wef 21/03/2022] [42/2001] (2) Despite any of the provisions of the Companies Act 1967 or anything contained in the memorandum or articles of association of the transferee holding company or the special purpose company, the special purpose company must — ( a ) hold the transferee holding company’s shares acquired by it under section 8(1) or (1A) for the benefit of the Financial Sector Development Fund; [Act 4 of 2022 wef 21/03/2022] ( b ) not exercise or control the exercise of the votes attached to such shares; ( c ) not dispose of, or otherwise deal with such shares or create security interests over such shares without the prior approval of the Minister or as otherwise permitted under this Act; and ( d ) hold any dividend or other distribution paid in respect of such shares for the benefit of the Financial Sector Development Fund.


document_id: edma-1999
provision_ref: s12
section: 12
title: Application of Trustees Act 1967 to investment in transferee holding company
content:
12. —(1) For the purpose of applying paragraph 1(1)( b ), ( c ) and ( d ) of Part IV of the First Schedule to the Trustees Act 1967 as in force immediately before 15 December 2004 (which provides that securities of a company shall not count as authorised investments within the meaning of that Act unless the company has a shareholders equity of not less than $30 million and has paid dividends in each of the relevant 3 years, and has reported a profit in the financial year immediately preceding that in which the investment is made) in relation to investment in securities of the transferee holding company during the financial year in which the transfer date falls (called in this section the first investment year) or during any financial year following that year, the transferee holding company is deemed — ( a ) to have paid a dividend as mentioned in the said paragraph 1(1)( b ) in each financial year preceding the first investment year which is included in the relevant 3 years, and in the first investment year, if that year is included in the relevant 3 years and the transferee holding company does not in fact pay such a dividend in that year; ( b ) to have had a shareholders equity of not less than $30 million as mentioned in the said paragraph 1(1)( c ); and ( c ) to have reported a profit as mentioned in the said paragraph 1(1)( d ) in the financial year preceding the first investment year, and in the first investment year, if the transferee holding company does not in fact report such a profit in that year. (2) In subsection (1), “the relevant 3 years” means the 3 financial years immediately preceding the financial year in which the investment in question is made or proposed to be made. 13. [ Repealed by Act 4 of 2022 wef 21/03/2022 ]


document_id: eeirita-1967
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Act to be construed as one with Income Tax Act 1947
content:
2. This Act must, unless otherwise expressly provided for in this Act, be construed as one with the Income Tax Act 1947.


document_id: eeirita-1967
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Interpretation
content:
3. In this Act, unless the context otherwise requires — “approved activity”, in relation to a company, means an activity that has been approved under section 40A or 40E(1)( b ) as an approved activity for the company; [Act 39 of 2023 wef 01/04/2023] “approved activity certificate” means a certificate issued under section 40A(4)( b ); [Act 39 of 2023 wef 01/04/2023] “approved foreign loan” means a loan which is approved under section 33 to be an approved foreign loan; “approved royalties, fees or contributions” means royalties, technical assistance fees or contributions to research and development costs which have been approved under section 37 to be approved royalties, fees or contributions; “certificate” includes a letter or other document issued by the Minister to a company pursuant to an application made by the company under a provision of this Act; “company” means any company incorporated or registered in accordance with the provisions of any written law relating to companies; “Comptroller” means the Comptroller of Income Tax appointed under the Income Tax Act 1947; “foreign loan certificate” means a foreign loan certificate issued under section 33; “intellectual property income” means any intellectual property income prescribed by the Minister under section 64; “manufacture”, in relation to a product, includes any process or method used in making or developing the product; “new trade or business” means the trade or business — ( a ) in respect of any product or products specified in a single pioneer certificate of a pioneer enterprise; and ( b ) that is considered under section 7 to have been set up and commenced on the day following the tax relief expiry date of the old trade or business in respect of that product or those products; “old trade or business” means the trade or business of a pioneer enterprise which satisfies all of the following conditions: ( a ) it is in respect of one or more pioneer products specified in a single pioneer certificate of the pioneer enterprise; ( b ) the part of the trade or business in respect of each pioneer product is carried on during the tax relief period for that product; ( c ) it either ceases before or is considered, under section 7, to have permanently ceased on the tax relief expiry date; “pioneer certificate” means a pioneer certificate issued under section 5; “pioneer enterprise” means any company which has been approved by the Minister under section 5 for a pioneer product and to which a pioneer certificate is issued under that section; “pioneer industry” means an industry approved under section 4 to be a pioneer industry; “pioneer product” means a product approved under section 4 to be a pioneer product; “production day”, in relation to a pioneer product that is approved under section 5(3) for a pioneer enterprise, means the date specified in the pioneer enterprise’s pioneer certificate under section 5(5)( b ) or (7)( a ) or ( c ) as the production day of that product; “productive equipment” means machinery or plant which would normally qualify for deduction under sections 19, 19A, 20, 21 and 22 of the Income Tax Act 1947; “royalties, fees or contributions certificate” means a certificate issued under section 37; “royalties or technical assistance fees” includes — ( a ) any royalties, rentals or other amounts paid as consideration for the use of, or the right to use, copyright, scientific works, patents, designs, plans, secret processes, formulae, trade marks, licences or other like property or rights; ( b ) income derived from the alienation of property or information mentioned in paragraph ( a ); and ( c ) other amounts paid in consideration of services rendered by a non-resident person or the person’s employee in connection with the use of property or rights belonging to, or the initial operation of any plant, machinery or other apparatus purchased from, the non-resident person, but does not include royalties, rentals or other amounts paid in respect of the operation of mines, quarries or other places of extraction of natural resources; or fees paid to an individual for the performance of professional services in Singapore other than as an employee; “tax” means income tax imposed by the Income Tax Act 1947; “tax relief expiry date”, in relation to an old trade or business, means — ( a ) where the old trade or business is in respect of only one pioneer product, the date on which the tax relief period for that pioneer product expires; or ( b ) where the old trade or business is in respect of 2 or more pioneer products, the date on which all the tax relief periods for those products expire, or (if the Minister has removed one or more but not all of those products from the pioneer certificate under section 5, or extended the tax relief period or periods for one or more but not all of those products under section 6) the date of expiry of the tax relief period with the latest date of expiry. [1/2012; 11/2016; 8/2018]


document_id: eeirita-1967
provision_ref: s3A
chapter: PART 1 - PRELIMINARY
section: 3A
title: Assignment of function or power to public body
content:
3A. —(1) This section applies where the Minister, by notification in the Gazette , assigns a function or power under a provision of this Act (called in this section an incentive provision) to — ( a ) a public body for which the Minister is the responsible Minister; or ( b ) a public body for which the Minister is not the responsible Minister, after consultation with the responsible Minister of the public body. (2) Starting on the date the Minister assigns a function or power under an incentive provision to a public body in accordance with subsection (1), a reference to the Minister in that incentive provision includes a reference to the public body. (3) An assignment by the Minister is subject to such limitations as the Minister may impose. (4) The public body, when carrying out a function or exercising a power under an incentive provision, is treated as carrying out a function or exercising a power conferred on the public body under the Act that establishes it. (5) The public body must carry out a function or exercise a power under an incentive provision in accordance with any directions given by the Minister. (6) A member of the public body who is not from the public sector must not be involved in the carrying out of a function or the exercise of a power under an incentive provision by the public body. (7) The public body must not delegate a function or power under an incentive provision to any of its members, or to any other person, who is not from the public sector. (8) Without affecting any obligation as to secrecy or other restriction against the disclosure of information imposed by any law or contract — ( a ) a member of the public body who is from the public sector; or ( b ) a person to whom a function or power under an incentive provision has been delegated, that receives or obtains information relating to a person for the purposes of an incentive provision, must not disclose or provide access to such information to a member of the public body, or any other person, who is not from the public sector. (9) Subsection (8) does not apply to the following information: ( a ) information the disclosure of which has been approved by the Minister; ( b ) information relating to a person — (i) for which consent for disclosure has been obtained from the person; or (ii) that is already in the possession of the public body; ( c ) information that is publicly available. (10) The public body may carry out a function or exercise a power under an incentive provision despite the absence of a quorum at any meeting of the public body because of subsection (6) or (8), and the absence of a quorum does not affect the validity of anything done by the public body at the meeting. (11) An assignment of a function or power under an incentive provision in accordance with subsection (1) does not affect or prevent the carrying out of any function or exercise of any power by the Minister. (12) This section does not permit the assignment of — ( a ) any power to make subsidiary legislation; and ( b ) the power in section 60(2). (13) To avoid doubt, this section applies in addition to, and not in derogation of, section 36 of the Interpretation Act 1965. (14) In this section — ( a ) a person is from the public sector if the person is a public officer or an employee of a public body; and ( b ) “public body” and “responsible Minister”, in relation to a public body, have the meanings given by section 2(1) of the Public Sector (Governance) Act 2018. [Act 9 of 2022 wef 22/04/2022]


document_id: eeirita-1967
provision_ref: s4
chapter: PART 2 - PIONEER INDUSTRIES
section: 4
title: Power to approve industry and product as pioneer industry and pioneer product
content:
4. —(1) The Minister may, if he or she considers it expedient in the public interest to do so, approve an industry, which is not being carried on in Singapore on a scale adequate to the economic needs of Singapore and for which in the Minister’s opinion there are favourable prospects for development, to be a pioneer industry and any specific product of that industry to be a pioneer product. (2) The Minister may revoke any approval given under this section but any such revocation does not affect the operation of any pioneer certificate issued to any pioneer enterprise before the revocation. (3) Any industry which has been approved as a pioneer industry or any product which has been approved as a pioneer product before 25 November 2004 is deemed to have been approved under this section.


document_id: eeirita-1967
provision_ref: s5
chapter: PART 2 - PIONEER INDUSTRIES
section: 5
title: Application for and issue and amendment of pioneer certificate
content:
5. —(1) Any company which is desirous of producing a pioneer product may make a written application to the Minister to be approved as a pioneer enterprise for that pioneer product in such form and with such particulars as may be prescribed. [11/2016] (2) A company may make an application under subsection (1) to be approved as a pioneer enterprise for more than one pioneer product which it is desirous of producing. [11/2016] (3) Where the Minister is satisfied that it is expedient in the public interest to do so and, in particular, having regard to the production or anticipated production of the pioneer product from all sources of production in Singapore, the Minister may approve that company as a pioneer enterprise for that pioneer product and issue a pioneer certificate to the company in respect of that pioneer product, subject to such conditions as the Minister thinks fit. [11/2016] (4) No company may be approved as a pioneer enterprise on or after 1 January 2029. [11/2016] [Act 39 of 2023 wef 29/12/2023] (5) Every pioneer certificate issued under this section to a pioneer enterprise must be in respect of a pioneer product and must specify — ( a ) the pioneer product; and ( b ) the date on or before which it is expected that the pioneer enterprise will commence to produce in marketable quantities the pioneer product. [11/2016] (6) Where the Minister approves a company as a pioneer enterprise for 2 or more pioneer products, the Minister may issue a single pioneer certificate in respect of those pioneer products if — ( a ) the tax relief periods of the pioneer enterprise for all the pioneer products, as determined by the Minister under section 6, expire on the same day; and ( b ) the Minister is satisfied that the pioneer enterprise will be producing all the pioneer products as part of the same project. [11/2016] (7) The Minister may, upon the application of any pioneer enterprise, amend a pioneer certificate issued to the pioneer enterprise — ( a ) by substituting for the date referred to in subsection (5)( b ) of a pioneer product specified in the pioneer certificate such earlier or later date as the Minister thinks fit, and upon such substitution the provisions of this Act have effect as if the date so substituted were the pioneer enterprise’s production day of that product; ( b ) by removing any pioneer product from the pioneer certificate with effect from a date determined by the Minister; or ( c ) by adding to the pioneer certificate any pioneer product and the date on or before which it is expected that the pioneer enterprise will commence to produce that product in marketable quantities, if — (i) the tax relief period for the pioneer product expires on the same day as the tax relief period or periods of the other pioneer product or products already specified in the pioneer certificate; and (ii) the Minister is satisfied that the pioneer enterprise will be producing that pioneer product and the other pioneer product or products already specified in the pioneer certificate as part of the same project. [11/2016] (8) Without affecting section 61, the Minister may, on the Minister’s own initiative, remove any pioneer product from a pioneer certificate with effect from a date determined by the Minister, if the Minister is satisfied that the pioneer enterprise has contravened — ( a ) any provision of this Act; or ( b ) any condition of its approval as a pioneer enterprise. [11/2016]


document_id: eeirita-1967
provision_ref: s6
chapter: PART 2 - PIONEER INDUSTRIES
section: 6
title: Tax relief period for pioneer product
content:
6. —(1) The tax relief period of a pioneer enterprise for a pioneer product commences on the production day of that pioneer product and continues for such period, not exceeding 15 years, as the Minister may determine. [11/2016] (2) Subject to subsections (3) and (4), the Minister may, if the Minister is satisfied that it is expedient in the public interest to do so and subject to such conditions as the Minister may impose — ( a ) where the pioneer certificate issued to a pioneer enterprise only specifies one pioneer product, extend the tax relief period in subsection (1) for that product for such further period or periods, not exceeding 5 years at any one time, as the Minister may determine; or ( b ) where the pioneer certificate issued to a pioneer enterprise specifies more than one pioneer product, extend the tax relief period or periods in subsection (1) for one or more of those products for such further period or periods, not exceeding 5 years at any one time, as the Minister may determine. [11/2016] (3) The total tax relief period for a pioneer product, together with all extensions, must not in total exceed 15 years. [11/2016] (4) Where the Minister extends the tax relief periods of a pioneer enterprise for more than one of the pioneer products specified in the pioneer certificate under subsection (2)( b ), the Minister must ensure that all the tax relief periods of those pioneer products, after such extension, expire on the same day. [11/2016] (5) Where a pioneer product is removed from a pioneer certificate under section 5(7)( b ) or (8), its tax relief period expires on the effective date of its removal. [11/2016]


document_id: eeirita-1967
provision_ref: s7
chapter: PART 2 - PIONEER INDUSTRIES
section: 7
title: Provisions governing old and new trade or business
content:
7. For the purposes of the Income Tax Act 1947 and this Act — ( a ) an old trade or business of a pioneer enterprise in respect of a pioneer product or products which is or are the subject of a single pioneer certificate issued to the pioneer enterprise is considered to have permanently ceased on the tax relief expiry date; ( b ) the pioneer enterprise is considered to have set up and commenced a new trade or business in respect of the same product or products on the day immediately following the tax relief expiry date; ( c ) the pioneer enterprise must make up accounts of each old trade or business for a period not exceeding one year, commencing on — (i) the production day of the pioneer product; or (ii) where the pioneer certificate specifies 2 or more pioneer products, the earlier or earliest of the production days of those pioneer products, for successive periods of one year thereafter and for the period not exceeding one year ending on the tax relief expiry date; ( d ) in making up the first accounts of the new trade or business referred to in paragraph ( b ), the pioneer enterprise must take as the opening figures for those accounts the closing figures in respect of its assets and liabilities as shown in its last accounts of the corresponding old trade or business; and ( e ) the next accounts of the new trade or business following the first accounts referred to in paragraph ( d ), must be made up by reference to the closing figures in the first accounts, and any subsequent accounts of the new trade or business must be similarly made up by reference to the closing figures of the preceding accounts of the new trade or business. [11/2016]


document_id: eeirita-1967
provision_ref: s8
chapter: PART 2 - PIONEER INDUSTRIES
section: 8
title: Provisions governing separate trade or business
content:
8. —(1) Where at any time — ( a ) during the tax relief period for a pioneer product of a pioneer enterprise; or ( b ) where the pioneer certificate issued to a pioneer enterprise specifies 2 or more pioneer products, during the longer or longest of the tax relief periods for those pioneer products, the pioneer enterprise carries on any trade or business other than the old trade or business in respect of that product or those products (called in this section separate trade or business), separate accounts must be maintained for that separate trade or business and in respect of the same accounting period. [11/2016; 8/2018] (2) Where the carrying on of such separate trade or business results in a loss in any accounting period, the loss must be brought into the computation of the income of the pioneer enterprise from the old trade or business for that period unless the Comptroller, having regard to all the circumstances of the case, is satisfied that the loss was not incurred for the purpose of obtaining a tax advantage. [11/2016] (3) Where the carrying on of such separate trade or business results in a profit in any accounting period, and the profit, computed in accordance with the provisions of the Income Tax Act 1947 as modified by this section, amounts to less than 5% of the full sum receivable from the sale of goods or the provision of services, the statutory income from that source is deemed to be 5% (or such lower rate as the Comptroller may specify in any particular case) of the full sum so receivable and the income of the pioneer enterprise from the old trade or business is to be abated accordingly. [11/2016] (4) Where, in the opinion of the Comptroller, the carrying on of such separate trade or business is subordinate and incidental to the carrying on of the old trade or business, the income or loss arising from such separate trade or business is considered to form part of the income or loss of the pioneer enterprise from that old trade or business. [11/2016]


document_id: eeirita-1967
provision_ref: s9
chapter: PART 2 - PIONEER INDUSTRIES
section: 9
title: Power to give directions
content:
9. For the purposes of the Income Tax Act 1947 and this Act, the Comptroller may direct that — ( a ) any sums payable to a pioneer enterprise for a pioneer product in any accounting period which, but for the provisions of this Act, might reasonably and properly have been expected to be payable, in the normal course of business, after the end of that period, are to be treated as not having been payable in that period but as having been payable on such date, after that period, as the Comptroller thinks fit; ( b ) where the date referred to in paragraph ( a ) is after the end of the tax relief period for that pioneer product, those sums are to be treated as having been so payable on that date, in relation to the new trade or business of the pioneer enterprise in respect of that product; and ( c ) any expense incurred by a pioneer enterprise in respect of a pioneer product within one year after the end of the tax relief period for that pioneer product which, but for the provisions of this Act, might reasonably and properly have been expected to be incurred, in the normal course of business, during the tax relief period for that pioneer product, are to be treated — (i) as not having been incurred within that year; but (ii) as having been incurred for the purposes of its old trade or business in respect of that pioneer product and on such date, during the tax relief period for that pioneer product, as the Comptroller thinks fit. [11/2016]


document_id: eeirita-1967
provision_ref: s10
chapter: PART 2 - PIONEER INDUSTRIES
section: 10
title: Ascertainment of income in respect of old trade or business
content:
10. —(1) The income of a pioneer enterprise from each of its old trades or businesses is to be ascertained in accordance with the provisions of the Income Tax Act 1947 after making such adjustments as may be necessary in consequence of any direction given under section 9. [11/2016] (2) In determining the income of a pioneer enterprise referred to in subsection (1), the allowances provided for in sections 16, 17, 18, 18B, 18C, 19, 19A, 19B, 20, 21 and 22 of the Income Tax Act 1947 for capital expenditure incurred for the purposes of each old trade or business must be taken into account even though no claim for such allowances has been made. [29/2010; 11/2016] (3) Where the tax relief expiry date of an old trade or business of a pioneer enterprise is before the last day of the basis period for any year of assessment, then, for the purpose of determining the income in respect of — ( a ) that old trade or business for that year of assessment; and ( b ) the corresponding new trade or business for the same year of assessment, allowances provided for in sections 16, 17, 18, 18B, 18C, 19, 19A, 19B, 20, 21 and 22 of the Income Tax Act 1947 for capital expenditure incurred for the purposes of that old trade or business must be deducted even though no claim for such allowances has been made. [11/2016] (4) For the purpose of computing the allowances under subsection (3) — ( a ) the allowances for that year of assessment must be computed as if the old trade or business of the pioneer enterprise had not been considered to have permanently ceased on the tax relief expiry date in accordance with section 7( a ); and ( b ) the allowances computed in accordance with paragraph ( a ) must be apportioned between that old trade or business and that new trade or business in such manner as appears to the Comptroller to be reasonable in the circumstances. [11/2016] (5) Where in any year of assessment full effect cannot, by reason of an insufficiency of profits for that year of assessment, be given to the allowances mentioned in subsection (2), then the balance of the allowances must be added to, and is deemed to form part of, the corresponding allowances (if any) for the next succeeding year of assessment and, if no such corresponding allowances fall to be made for that year, is deemed to constitute the corresponding allowances for that year, and so on for subsequent years of assessment. (6) Despite subsections (1) and (2), where a pioneer enterprise has incurred or has given a written undertaking to the Minister to incur a capital expenditure of not less than $150 million and — ( a ) more than 50%, or such other percentage as the Minister may determine, of the paid‑up capital of the pioneer enterprise is held by persons permanently resident in Singapore; and ( b ) such capital expenditure has been approved by the Minister as promoting or enhancing the economic or technological development of Singapore, the capital expenditure so incurred by the pioneer enterprise whilst it is carrying on an old trade or business in respect of any asset used for the purposes of its corresponding new trade or business are (subject to such conditions as the Minister may impose) considered for the purposes of sections 16, 17, 18, 18B, 18C, 19, 19A, 19B, 20, 21 and 22 of the Income Tax Act 1947, to have been incurred on the day immediately following the tax relief expiry date of the old trade or business. [29/2010; 11/2016] (7) Where a pioneer enterprise referred to in subsection (6) carries on a separate trade or business, and any building, plant or machinery is used both for the purposes of that trade or business and the trade or business relating to the relevant pioneer product, subsection (6) applies to that building, plant or machinery. [29/2010] (8) Where a pioneer enterprise has, before 16 August 1991, incurred a capital expenditure of not less than $1,000 million, subsection (6) applies to that enterprise in respect of that expenditure even though the enterprise has not complied with paragraphs ( a ) and ( b ) of that subsection. (9) Where — ( a ) a pioneer enterprise mentioned in subsection (6) or (8) is the holder of 2 or more pioneer certificates; ( b ) the tax relief expiry dates of the old trades or businesses relating to those pioneer certificates are different; and ( c ) capital expenditure has been incurred in respect of any building, plant or machinery which is jointly used in carrying on those old trades or businesses, then a deduction must not be made in respect of such expenditure under any of the provisions contained in sections 16, 17, 18, 18B, 18C, 19, 19A, 19B, 20, 21 and 22 of the Income Tax Act 1947 until after the tax relief expiry date that is later or latest in time. [11/2016] (10) In subsections (6) and (8), “capital expenditure” means capital expenditure in connection with a pioneer product, on factory building (excluding land) in Singapore, on any new plant or new machinery used in Singapore and on intellectual property rights for use in Singapore and, subject to the Minister’s approval, on any secondhand plant or secondhand machinery used in Singapore.


document_id: eeirita-1967
provision_ref: s11
chapter: PART 2 - PIONEER INDUSTRIES
section: 11
title: Application of Part 16 of Income Tax Act 1947
content:
11. Part 16 of the Income Tax Act 1947 (relating to returns of income) applies in all respects as if the income of a pioneer enterprise in respect of each of its old trades or businesses were chargeable to tax. [11/2016]


document_id: eeirita-1967
provision_ref: s12
chapter: PART 2 - PIONEER INDUSTRIES
section: 12
title: Comptroller to issue statement of income
content:
12. For each year of assessment, the Comptroller must issue to the pioneer enterprise a statement (to be included in a notice of any assessment served on the pioneer enterprise under section 76 of the Income Tax Act 1947) showing the amount of income in respect of each of its old trades or businesses for that year of assessment, and Parts 17 and 18 of the Income Tax Act 1947 (relating to assessments, objections and appeals) apply, with the necessary modifications, as if that statement were a notice of assessment given under those provisions. [34/2008; 11/2016]


document_id: eeirita-1967
provision_ref: s13
chapter: PART 2 - PIONEER INDUSTRIES
section: 13
title: Exemption from income tax
content:
13. —(1) Where any statement issued under section 12 has become final and conclusive, the amount of the income shown by the statement does not form part of the statutory income of the pioneer enterprise for any year of assessment and is exempt from tax. [11/2016] (2) The Comptroller may, in his or her discretion and before the statement mentioned in subsection (1) has become final and conclusive, declare that a specified part of the amount of such income is not in dispute and such an undisputed amount of income is exempt from tax, pending such a statement becoming final and conclusive.


document_id: eeirita-1967
provision_ref: s14
chapter: PART 2 - PIONEER INDUSTRIES
section: 14
title: Recovery of tax exempted
content:
14. —(1) Despite section 13, the Comptroller may, subject to section 74 of the Income Tax Act 1947, make an assessment or additional assessment as described in subsection (2) upon a pioneer enterprise if it appears to the Comptroller that any amount of income of the pioneer enterprise exempted from tax ought not to have been exempted by reason of any direction made under section 9. ( a ) [ Deleted by Act 39 of 2023 wef 29/12/2023 ] ( b ) [ Deleted by Act 39 of 2023 wef 29/12/2023 ] [11/2016] [Act 39 of 2023 wef 29/12/2023] (2) The assessment or additional assessment under subsection (1) is at an amount that appears to the Comptroller to be necessary to counteract any profit obtained by the pioneer enterprise from the exempted income. [11/2016] (3) Parts 17 and 18 of the Income Tax Act 1947 (relating to assessments, objections and appeals) and any rules made under that Act apply, with the necessary modifications, to an assessment or additional assessment under subsection (1) as if it were a notice of assessment under those Parts. [11/2016]


document_id: eeirita-1967
provision_ref: s15
chapter: PART 2 - PIONEER INDUSTRIES
section: 15
title: Carry forward of loss and allowance
content:
15. —(1) Where a pioneer enterprise has at any time — ( a ) during its tax relief period for a pioneer product; or ( b ) where the pioneer certificate issued to the pioneer enterprise specifies 2 or more pioneer products, during the longer or longest of the tax relief periods for those pioneer products, incurred a loss in the old trade or business in respect of that product or any of those products for any year, that loss must be deducted in accordance with section 37 of the Income Tax Act 1947 (as applied with the necessary modifications), but only against the income of the pioneer enterprise from that old trade or business as ascertained under section 10. [11/2016] (2) The balance of any such loss which remains unabsorbed on the tax relief expiry date of the old trade or business is available as a deduction for the year of assessment which relates to the basis period in which the new trade or business commences and for any subsequent year of assessment in accordance with section 37 of the Income Tax Act 1947, in the following descending order of priority: ( a ) against the statutory income of the pioneer enterprise from the corresponding new trade or business; ( b ) against the statutory income of the pioneer enterprise from any other trade or business; ( c ) against the statutory income of the pioneer enterprise from any other source. [11/2016; 8/2018] (3) Despite section 7( a ), the balance of any allowance as provided for in section 10 which remains unabsorbed on the tax relief expiry date of the old trade or business is available as a deduction for the year of assessment which relates to the basis period in which the new trade or business commences and for any subsequent year of assessment in accordance with section 23 of the Income Tax Act 1947, in the following descending order of priority: ( a ) against the statutory income of the pioneer enterprise from the corresponding new trade or business; ( b ) against the statutory income of the pioneer enterprise from any other trade or business; ( c ) against the statutory income of the pioneer enterprise from any other source. [11/2016; 8/2018]


document_id: eeirita-1967
provision_ref: s16
chapter: PART 3 - PIONEER SERVICE COMPANIES
section: 16
title: Interpretation of this Part
content:
16. In this Part, unless the context otherwise requires — “commencement day”, in relation to a qualifying activity that is approved under section 17(3) for a pioneer service company, means the date specified in the pioneer service company’s certificate under section 17(5)( b ) or (7)( a ) or ( c ) as the commencement day of that qualifying activity; “pioneer service company” means a company which has been issued with a certificate under section 17; “qualifying activity” means any of the following: ( a ) any engineering or technical services including laboratory, consultancy and research and development activities; ( b ) computer-based information and other computer related services; ( c ) the development or production of any industrial design; and ( d ) such other services or activities as may be prescribed. [11/2016]


document_id: eeirita-1967
provision_ref: s17
chapter: PART 3 - PIONEER SERVICE COMPANIES
section: 17
title: Application for and issue and amendment of certificate for pioneer service company
content:
17. —(1) Where a company is engaged in or desires to engage in any qualifying activity, the company may apply in the prescribed form to the Minister for approval as a pioneer service company for that qualifying activity. [11/2016; 20/2020] (2) A company may make an application under subsection (1) to be approved as a pioneer service company for more than one qualifying activity which it is engaged in or desires to engage in. [11/2016; 20/2020] (3) The Minister may, if he or she considers it expedient in the public interest to do so, approve the company as a pioneer service company for the qualifying activity and issue to that company a certificate subject to such conditions as the Minister thinks fit. [11/2016] (4) No company may be approved as a pioneer service company on or after 1 January 2029. [11/2016] [Act 39 of 2023 wef 29/12/2023] (5) Every certificate issued under this section to a pioneer service company must be in respect of a qualifying activity and must specify — ( a ) the qualifying activity; and ( b ) a date as the commencement day of the qualifying activity. [11/2016] (6) Where the Minister approves a company as a pioneer service company for 2 or more qualifying activities, the Minister may issue a single certificate in respect of those qualifying activities if — ( a ) the tax relief periods of the pioneer service company for all the qualifying activities, as determined by the Minister under section 6 (as applied by section 18), expire on the same day; and ( b ) the Minister is satisfied that the pioneer service company is engaged in or desires to engage in all the qualifying activities as part of the same project. [11/2016; 20/2020] (7) The Minister may, upon the application of any pioneer service company, amend a certificate issued to the company — ( a ) by substituting for the commencement day of a qualifying activity specified in the certificate under subsection (5)( b ) such earlier or later date as the Minister thinks fit, and upon such substitution the provisions of this Act have effect as if the date so substituted were the company’s commencement day of that qualifying activity; ( b ) by removing any qualifying activity from the certificate with effect from a date determined by the Minister; or ( c ) by adding to the certificate any qualifying activity and a date as its commencement day, if — (i) the tax relief period for the qualifying activity expires on the same day as the tax relief period or periods for the other qualifying activity or activities already specified in the certificate; and (ii) the Minister is satisfied that the pioneer service company is engaged in or desires to engage in the qualifying activity and the other qualifying activity or activities already specified in the certificate as part of the same project. [11/2016; 20/2020] (8) Without affecting section 61, the Minister may, on the Minister’s own initiative, remove any qualifying activity from a certificate with effect from a date determined by the Minister, if the Minister is satisfied that the pioneer service company has contravened — ( a ) any provision of this Act; or ( b ) any condition of its approval as a pioneer service company. [11/2016]


document_id: eeirita-1967
provision_ref: s18
chapter: PART 3 - PIONEER SERVICE COMPANIES
section: 18
title: Application of sections 6 to 15 to pioneer service company
content:
18. Sections 6 to 15 apply to a pioneer service company under this Part and for the purposes of such application — ( a ) any reference to a pioneer enterprise is a reference to a pioneer service company; ( b ) any reference to a pioneer product is a reference to a qualifying activity; ( c ) any reference to the production day of a pioneer product of a pioneer enterprise is a reference to the commencement day of a qualifying activity of a pioneer service company; and ( d ) any reference to a pioneer certificate is a reference to a certificate issued under section 17. [19 [11/2016]


document_id: eeirita-1967
provision_ref: s19
chapter: PART 3 - PIONEER SERVICE COMPANIES
section: 19
title: Exclusion of intellectual property income from sections 10 and 15
content:
19. —(1) In ascertaining the income of a pioneer service company from a qualifying activity under section 10 (as applied by section 18), any intellectual property income produced by the activity, as well as any allowance for capital expenditure incurred for the purposes of that activity that is attributable to or apportioned by the Comptroller to any intellectual property income, must be excluded. [8/2018] (2) For the purposes of the application of section 15 (as applied by section 18), a reference to income in section 15(1) excludes any intellectual property income. [8/2018] (3) To avoid doubt, intellectual property income excluded under subsection (1) remains chargeable to tax under the Income Tax Act 1947. [19A [8/2018]


document_id: eeirita-1967
provision_ref: s20
chapter: PART 4 - DEVELOPMENT AND EXPANSION INCENTIVE
section: 20
title: Interpretation of this Part
content:
20. In this Part, unless the context otherwise requires — “commencement day”, in relation to a qualifying activity that is approved under section 21(3) for a development and expansion company, means the date specified in the development and expansion company’s certificate under section 21(5)( b ) or (7)( a ) or ( c ) as the commencement day of that qualifying activity; “development and expansion company” means a company which has been issued with a certificate under section 21(3); “qualifying activity” means any of the following: ( a ) the manufacturing or increased manufacturing of any product from any industry that would be of economic benefit to Singapore; ( b ) any qualifying activity as defined in section 16; ( c ) such other services or activities as may be prescribed. [19I [11/2016]


document_id: eeirita-1967
provision_ref: s21
chapter: PART 4 - DEVELOPMENT AND EXPANSION INCENTIVE
section: 21
title: Application for and issue of certificate to development and expansion company
content:
21. —(1) Any company engaged in, or which desires to engage in, any qualifying activity may apply in the prescribed form to the Minister for approval as a development and expansion company for that qualifying activity. [11/2016; 20/2020] (2) A company may make an application under subsection (1) to be approved as a development and expansion company for more than one qualifying activity which it is engaged in or desires to engage in. [11/2016; 20/2020] (3) The Minister may, if the Minister considers it expedient in the public interest to do so, approve the company as a development and expansion company for the qualifying activity and issue to that company a certificate subject to such conditions as the Minister may impose. [11/2016] (4) No company may be approved as a development and expansion company on or after 1 January 2029. [11/2016] [Act 39 of 2023 wef 29/12/2023] (5) Every certificate issued to a development and expansion company must be in respect of a qualifying activity and must specify — ( a ) the qualifying activity; ( b ) a date as the commencement day of the qualifying activity; and ( c ) the concessionary rate of tax to be levied for that qualifying activity for the purposes of this Part. [11/2016] (6) Where the Minister approves a company as a development and expansion company for 2 or more qualifying activities, the Minister may issue a single certificate in respect of those qualifying activities if — ( a ) the tax relief periods of the development and expansion company for all the qualifying activities, as determined by the Minister under section 22, expire on the same day; and ( b ) the Minister is satisfied that the development and expansion company is engaged in or desires to engage in all the qualifying activities as part of the same project. [11/2016; 20/2020] (7) The Minister may, upon the application of any development and expansion company, amend a certificate issued to the company — ( a ) by substituting for the commencement day of a qualifying activity specified in the certificate under subsection (5)( b ) such earlier or later date as the Minister thinks fit, and upon such substitution the provisions of this Act have effect as if the date so substituted were the company’s commencement day of that qualifying activity; ( b ) by removing any qualifying activity from the certificate with effect from a date determined by the Minister; or ( c ) by adding to the certificate any qualifying activity and a date as its commencement day, if — (i) the tax relief period for the qualifying activity expires on the same day as the tax relief period or periods for the other qualifying activity or activities already specified in the certificate; and (ii) the Minister is satisfied that the development and expansion company is engaged in or desires to engage in the qualifying activity and the other qualifying activity or activities already specified in the certificate as part of the same project. [11/2016; 20/2020] (8) Without affecting section 61, the Minister may, on the Minister’s own initiative, remove any qualifying activity from a certificate with effect from a date determined by the Minister, if the Minister is satisfied that the development and expansion company has contravened — ( a ) any provision of this Act; or ( b ) any condition of its approval as a development and expansion company. [11/2016] (9) Despite section 43 of the Income Tax Act 1947, tax at the applicable concessionary rate in subsections (10), (11), (13) (read with subsection (13A)) and (15) (whichever is applicable) is levied and must be paid for each year of assessment — ( a ) upon the expansion income derived by a development and expansion company from the qualifying activity specified in its certificate during its tax relief period for that activity; or ( b ) if the certificate specifies 2 or more qualifying activities, upon the expansion income derived by it from all of those qualifying activities during its respective tax relief periods for those activities. [11/2016; 8/2018] [Act 41 of 2024 wef 25/12/2024] (10) Subject to subsection (17A), the initial concessionary rate is — ( a ) in the case of a development and expansion company approved as such before 19 April 2016, a concessionary rate of not less than 5%, as the Minister may specify in the certificate; or ( b ) in any other case, 5%, 10% or 15% as the Minister may specify in the certificate. [11/2016] [Act 41 of 2024 wef 25/12/2024] [Act 41 of 2024 wef 25/12/2024] (11) Subject to subsection (17A), the Minister may, on the Minister’s own initiative or on the application of a development and expansion company, amend the company’s certificate by substituting the concessionary rate of tax specified in the certificate in accordance with subsection (10), with a concessionary rate of 5%, 10% or 15%, and in that event the concessionary rate is the rate as substituted. [8/2018] [Act 41 of 2024 wef 25/12/2024] (12) Subsection (11) applies whether the development and expansion company was approved as such before, on or after 4 May 2018. [8/2018] (13) Subject to subsection (14), the concessionary rate of tax applicable to the expansion income derived by a specified development and expansion company — ( a ) from the qualifying activity specified in the company’s certificate during any part of the company’s tax relief period for that activity that is a relevant part (called part X ); or ( b ) if the certificate specifies 2 or more qualifying activities, from all of those activities during any part of the company’s respective tax relief periods for those activities that is a relevant part (also called part X ), is the rate specified by the Minister to the company, which must not be less than [(0.5 &#215; B) + A]%. [Act 41 of 2024 wef 25/12/2024] (13A) For the purposes of subsection (13) — ( a ) A is 5%, 10% or 15%, as determined by the Minister; ( b ) where A is 5% or 10% — (i) each part of the company’s tax relief period in subsection (17)( a ) to ( d ) is a relevant part of the company’s tax relief period; and (ii) B is the number of milestone dates for those relevant parts of the tax relief period — (A) on which the company was a specified development and expansion company; and (B) that have transpired as of and including the milestone date of part X ; and ( c ) where A is 15% — (i) each part of the company’s tax relief period in subsection (17)( c ) and ( d ) is a relevant part of the company’s tax relief period; and (ii) B is the number of milestone dates for those relevant parts of the company’s tax relief period — (A) on which the company was a specified development and expansion company; and (B) that have transpired as of and including the milestone date of part X . [Act 41 of 2024 wef 25/12/2024] (14) The Minister may, on the Minister’s own initiative or on the application of a specified development and expansion company, amend the company’s certificate for any qualifying activity by substituting the rate of tax specified in the certificate in accordance with that subsection (called in this section the initial rate) for expansion income derived from that activity during a part of the tax relief period, with a rate of tax that complies with subsection (16) (called in this section the substituted rate). [8/2018] [Act 41 of 2024 wef 25/12/2024] (15) Where subsection (14) applies, then the substituted rate applies to the expansion income derived from that activity from and including the date of the substitution up to and including — ( a ) the last day of the part of the tax relief period; or ( b ) if the substituted rate is itself substituted with some other rate in the part of the tax relief period, the day immediately before the date of substitution of the other rate. [Act 41 of 2024 wef 25/12/2024] (16) Subject to subsection (17A), the substituted rate for a part of the tax relief period mentioned in subsection (14) must not be less than [(0.5 &#215; B) + A]%, where — ( a ) A is 5%, 10% or 15%, as determined by the Minister; and ( b ) B is — (i) where A is 5% or 10%, the number of milestone dates — (A) on which the company was a specified development and expansion company; and (B) that have transpired as of and including the date from which the substituted rate is to apply; and (ii) where A is 15% — (A) if the substitution is in a part of the tax relief period of the company mentioned in subsection (17)( a ) or ( b ) — zero; and (B) if the substitution is in a part of the tax relief period of the company in subsection (17)( c ) or ( d ) — the number of milestone dates for the parts of the tax relief period in subsection (17)( c ) and ( d ) — (BA) on which the company was a specified development and expansion company; and (BB) that have transpired as of and including the date from which the substituted rate is to apply. [Act 41 of 2024 wef 25/12/2024] (17) In subsections (13), (13A), (14), (15) and (16), the parts of a tax relief period for a qualifying activity are — ( a ) the beginning of the 11th year of the tax relief period to the end of the 15th year of, or the end of, the tax relief period, whichever is earlier; ( b ) the beginning of the 16th year of the tax relief period to the end of the 20th year of, or the end of, the tax relief period, whichever is earlier; ( c ) the beginning of the 21st year of the tax relief period to the end of the 30th year of, or the end of, the tax relief period, whichever is earlier; and ( d ) the beginning of the 31st year of the tax relief period to the end of the 40th year of, or the end of, the tax relief period, whichever is earlier. [11/2016; 8/2018] [Act 41 of 2024 wef 25/12/2024] (17A) For the purposes of subsections (10)( b ), (11), (13) and (16), the Minister may, on or after 17 February 2024 — ( a ) specify the concessionary rate of 15% in the certificate; ( b ) substitute the concessionary rate in the certificate with 15%; or ( c ) determine A to be 15%, (as the case may be), but only for any expansion income that is derived on or after 1 January 2024. [Act 41 of 2024 wef 25/12/2024] (18) The expansion income is the income from such qualifying activity or activities (called in this section and section 25 the qualifying income) to which the certificate issued under this section relates that exceeds the average corresponding income. [11/2016] (19) The average corresponding income referred to in subsection (18) is to be determined by taking one‑third of the total of the corresponding qualifying income for the 3 years immediately preceding the commencement day specified in the certificate issued under this section from that qualifying activity or those qualifying activities. [11/2016] (20) Where a development and expansion company which has been approved as such at any time before 29 February 2012, and has been granted a tax relief period of at least 10 years, is granted at any time before that date an extension or a further extension of its tax relief period under section 22(1)( b ) or (2), the Minister must compute the average corresponding income for each such extension or further extension in accordance with subsection (21). [1/2012] (21) The average corresponding income for each extension or further extension referred to in subsection (20) is to be determined by taking one-third of the total of the corresponding qualifying income for the 3 years immediately preceding the date of that extension or further extension of its tax relief period, as the case may be. (22) Despite subsections (19), (20) and (21), the Minister may, if he or she thinks fit, specify any amount to be the average corresponding income in substitution of the amount determined under those subsections. [19J (23) In this section — “milestone date” means the first day of any part of a tax relief period in subsection (17); “specified development and expansion company” means a development and expansion company that — ( a ) was or is approved as such on or after 29 February 2012 under subsection (3); or ( b ) was or is gran


document_id: eeirita-1967
provision_ref: s22
chapter: PART 4 - DEVELOPMENT AND EXPANSION INCENTIVE
section: 22
title: Tax relief period of development and expansion company
content:
22. —(1) Subject to subsection (3), the tax relief period of a development and expansion company for a qualifying activity commences on its commencement day of that qualifying activity and continues — ( a ) for such period not exceeding 10 years as the Minister may determine; and ( b ) for such further period or periods, not exceeding 5 years for each period, as the Minister may determine, where the Minister is satisfied that it is expedient in the public interest to do so and subject to such terms and conditions as the Minister may impose. [11/2016] (2) Subject to subsection (3), the Minister may, if the Minister is satisfied that it is expedient in the public interest to do so and subject to such conditions as the Minister may impose — ( a ) where the certificate issued to a development and expansion company only specifies one qualifying activity, extend the tax relief period of the company in subsection (1) for that activity for such further period or periods, not exceeding 5 years at any one time, as the Minister may determine; or ( b ) where the certificate issued to a development and expansion company specifies more than one qualifying activity, extend the tax relief period or periods of the company in subsection (1) for one or more of those activities for such further period or periods, not exceeding 5 years at any one time, as the Minister may determine. [11/2016] (3) The total tax relief period of a development and expansion company for a qualifying activity under subsections (1) and (2) must not in the aggregate exceed 20 years. [11/2016] (4) Despite subsection (3) and subject to subsection (5), the Minister may, if the Minister is satisfied that it is expedient in the public interest to do so and subject to such terms and conditions as the Minister may impose, extend the tax relief period of a relevant development and expansion company for a qualifying activity (beyond the maximum total period allowed under subsection (3)) for such further period or periods, not exceeding 10 years at any one time, as the Minister may determine. [2/2013; 11/2016] (5) The total tax relief period of a relevant development and expansion company for a qualifying activity under subsections (1), (2) and (4) must not in the aggregate exceed 40 years. [2/2013; 11/2016] (6) An extension of the tax relief period of a relevant development and expansion company for a qualifying activity under subsection (4) may only be granted during the period between 18 February 2008 and 31 December 2028 (both dates inclusive). [Act 41 of 2024 wef 25/12/2024] (7) In subsections (4), (5) and (6), “relevant development and expansion company” means a development and expansion company that — ( a ) engages in any qualifying activity and oversees, manages or controls the conduct of the activity on a regional or global basis; or ( b ) engages in any qualifying activity described in paragraph ( b ) or ( c ) of the definition of “qualifying activity” in section 20 (except one to which this paragraph does not apply pursuant to regulations made for the purpose of subsection (7A)). [Act 41 of 2024 wef 25/12/2024] (7A) The Minister may prescribe any qualifying activity under paragraph ( b ) or ( c ) of the definition of “qualifying activity” in section 20, as a qualifying activity to which subsection (7)( b ) does not apply. [Act 41 of 2024 wef 25/12/2024] (8) Any tax relief period initially granted to a development and expansion company before 25 November 2004 which exceeds 10 years is deemed to have been granted under this section. (9) Where a development and expansion company has been granted tax relief under Part IIIA in force immediately before 28 April 2004 in respect of any qualifying activity specified in the certificate issued under section 21(3), the Minister must, in extending the tax relief period of the company for that qualifying activity under subsection (1), (2) or (4), take into account the tax relief period of the company for that qualifying activity under that Part. [2/2013; 11/2016] (10) The Minister must, in extending the tax relief period of a development and expansion company for international legal services as defined in section 23(3), take into account any tax relief period which it enjoyed for such services under section 23. [11/2016] (11) Despite anything in this section, the tax relief period of a development and expansion company that is deemed to be an approved company for the purposes of section 43U of the Income Tax Act 1947 under regulations made under that section, expires on 1 June 2011 and may not be extended. [19K [2/2013]


document_id: eeirita-1967
provision_ref: s23
chapter: PART 4 - DEVELOPMENT AND EXPANSION INCENTIVE
section: 23
title: International legal services
content:
23. —(1) If a company engaged in international legal services is approved under section 21(1) as a development and expansion company for those services at any time between 1 April 2010 and 30 June 2017 (both dates inclusive), then — ( a ) despite section 22(1), (2), (3), (4) and (5), the tax relief period of the company for international legal services is a non‑extendable period of 5 years commencing on its commencement day; and ( b ) despite section 21(9), tax at the rate of 10% is levied and must be paid for each year of assessment upon the expansion income derived from the provision of those services by the company during its tax relief period for those services. [1/2012; 2/2013; 11/2016; 8/2018] (2) This section does not apply to a company approved under section 13S(1) of the Income Tax Act 1947. [1/2012] (3) In this section — “expansion income” has the meaning given by section 21; “international legal services” means any qualifying activity comprising legal services that qualify for zero‑rating under section 21(3) of the Goods and Services Tax Act 1993. [19KA [1/2012]


document_id: eeirita-1967
provision_ref: s24
chapter: PART 4 - DEVELOPMENT AND EXPANSION INCENTIVE
section: 24
title: Recovery of tax subject to concessionary rate
content:
24. Despite any other provision of this Part, the Comptroller may, subject to section 74 of the Income Tax Act 1947, make an assessment or additional assessment upon a company to make good any loss of tax, if it appears to the Comptroller that any income of the company ought not to have been taxed at a concessionary rate under section 21 or 23. [19L [11/2016]


document_id: eeirita-1967
provision_ref: s25
chapter: PART 4 - DEVELOPMENT AND EXPANSION INCENTIVE
section: 25
title: Ascertainment of income from qualifying activities
content:
25. —(1) Subject to subsections (4) and (6) — ( a ) the qualifying income of a development and expansion company derived from a qualifying activity; or ( b ) where the certificate issued to a development and expansion company under section 21(3) specifies 2 or more qualifying activities, the total qualifying income of the development and expansion company derived from all of those qualifying activities, is ascertained in accordance with the provisions of the Income Tax Act 1947, after making the deductions and adjustments in subsection (2). [11/2016; 8/2018] (2) The deductions and adjustments for subsection (1) are as follows: ( a ) the deduction of intellectual property income derived from any qualifying activity or qualifying activities; ( b ) such adjustments as may be necessary to give effect to any direction given under section 28. [8/2018] (3) To avoid doubt, intellectual property income deducted under subsection (1) (read with subsection (2)) remains chargeable to tax under the Income Tax Act 1947. [8/2018] (4) In determining the qualifying income of a development and expansion company mentioned in subsection (1)( a ) or the total qualifying income of a development and expansion company mentioned in subsection (1)( b ) for the basis period for any year of assessment — ( a ) the allowances provided for in sections 16 to 22 of the Income Tax Act 1947 for capital expenditure incurred for the purposes of the qualifying activity or all the qualifying activities must be taken into account even though no claim for such allowances has been made; ( b ) the allowances referred to in paragraph ( a ) for that year of assessment must firstly be deducted against the qualifying income of the company from the qualifying activity or the total qualifying income of the company from all the qualifying activities, and any unabsorbed allowances must be deducted against the other income of the company subject to tax at a different rate of tax under this Act or the Income Tax Act 1947 in accordance with subsection (6); ( c ) the balance (if any) of the allowances after the deduction in paragraph ( b ) is available for deduction for any subsequent year of assessment in accordance with sections 22A and 23 of the Income Tax Act 1947 and must be made in the manner provided in that paragraph; ( d ) any loss incurred in carrying out the qualifying activity, or any net loss incurred in carrying out all the qualifying activities, for that basis period must be deducted in accordance with subsection (6) against the other income of the company subject to tax at a different rate of tax under this Act or the Income Tax Act 1947; ( e ) the balance (if any) of the losses after the deduction in paragraph ( d ) is available for deduction for any subsequent year of assessment in accordance with section 37 of the Income Tax Act 1947 firstly against the qualifying income of the company from the qualifying activity or the total qualifying income of the company from all the qualifying activities, and any balance of the losses must be deducted against the other income of the company subject to tax at a different rate of tax under this Act or the Income Tax Act 1947 in accordance with subsection (6); ( f ) any unabsorbed donation for that year of assessment must be deducted in accordance with subsection (6) against the other income of the company subject to tax at a different rate of tax under this Act or the Income Tax Act 1947; and ( g ) the balance (if any) of the donations after the deduction in paragraph ( f ) is available for deduction for any subsequent year of assessment in accordance with section 37 of the Income Tax Act 1947 firstly against the qualifying income of the company from the qualifying activity or the total qualifying income of the company from all the qualifying activities, and any balance of the donations must be deducted against the other income of the company subject to tax at a different rate of tax under this Act or the Income Tax Act 1947 in accordance with subsection (6). [11/2016] (5) In subsection (4), a reference to allowances for capital expenditure incurred for the purposes of a qualifying activity excludes any such allowance that is attributable to or apportioned by the Comptroller to intellectual property income. [8/2018] (6) Section 37A of the Income Tax Act 1947 applies, with the necessary modifications, in relation to — ( a ) the deduction of the allowances provided for in sections 16 to 22 of that Act; and ( b ) the losses or donations under section 37 of that Act in respect of — (i) the qualifying income or the total qualifying income of the development and expansion company; and (ii) such part of the development and expansion company’s income as is subject to tax at a different rate of tax under this Act or the Income Tax Act 1947. [11/2016] (7) For the purpose of the application under subsection (6), any reference in section 37A of the Income Tax Act 1947 to income of a company subject to tax at a higher or lower rate of tax or income of the company subject to tax at a higher or lower rate of tax (as the case may be) is a reference to the qualifying income or the total qualifying income of the development and expansion company. [19M [11/2016]


document_id: eeirita-1967
provision_ref: s26
chapter: PART 4 - DEVELOPMENT AND EXPANSION INCENTIVE
section: 26
title: Ascertainment of income from other trade or business
content:
26. —(1) Where at any time — ( a ) during the tax relief period of a development and expansion company for a qualifying activity; or ( b ) where the certificate issued to the development and expansion company under section 21(3) specifies 2 or more qualifying activities, during the longer or longest of the tax relief periods of the company for those qualifying activities, the development and expansion company carries on any trade or business other than the qualifying activity or activities, separate accounts must be maintained for that other trade or business and in respect of the same accounting period; and the income from that other trade or business must be computed and assessed in accordance with the Income Tax Act 1947 with such adjustments as the Comptroller thinks reasonable and proper. [11/2016] (2) Where, in the Comptroller’s opinion, the carrying on of such other trade or business is subordinate or incidental to the carrying on of the qualifying activity or activities, the income or loss arising from the other trade or business is considered to form part of the income or loss of the company from that qualifying activity or the total income or total loss of the company from those qualifying activities. [19N [11/2016]


document_id: eeirita-1967
provision_ref: s27
chapter: PART 4 - DEVELOPMENT AND EXPANSION INCENTIVE
section: 27
title: Deduction of losses
content:
27. The Minister may, in relation to development and expansion companies, by regulations provide for — ( a ) the manner in which expenses, capital allowances and donations allowable under the Income Tax Act 1947 are to be deducted; and ( b ) the deduction of capital allowances, losses and donations otherwise than in accordance with sections 23 and 37 of the Income Tax Act 1947. [19O


document_id: eeirita-1967
provision_ref: s28
chapter: PART 4 - DEVELOPMENT AND EXPANSION INCENTIVE
section: 28
title: Power to give directions
content:
28. For the purposes of this Act and the Income Tax Act 1947, the Comptroller may direct that — ( a ) any sum payable to a development and expansion company in its tax relief period for a qualifying activity which might reasonably and properly have been expected to be payable, in the normal course of business, after the end of that period is to be treated as not having been payable in that period but as having been payable on such date, after that period, as the Comptroller thinks fit; and ( b ) any expense incurred by a development and expansion company in respect of a qualifying activity within one year after the end of the tax relief period for that activity which might reasonably and properly have been expected to be incurred, in the normal course of business, during that tax relief period, is to be treated — (i) as not having been incurred within that year; but (ii) as having been incurred for the purposes of that qualifying activity and on such date during that tax relief period as the Comptroller thinks fit. [19P [11/2016]


document_id: eeirita-1967
provision_ref: s29
chapter: PART 5 - TRANSFER OF AWARDS
section: 29
title: Interpretation of this Part
content:
29. In this Part, unless the context otherwise requires — “average corresponding income” means the average corresponding income mentioned in section 21(18); “development and expansion award” means an approval given by the Minister to a company under Part 4 to be a development and expansion company for a Part 4 qualifying activity; “development and expansion company” means a development and expansion company as defined in section 20; “Part 3 commencement day”, in relation to a Part 3 qualifying activity, has the meaning given to “commencement day” in section 16; “Part 3 qualifying activity” means any qualifying activity as defined in section 16; “Part 4 commencement day”, in relation to a Part 4 qualifying activity, has the meaning given to “commencement day” in section 20; “Part 4 qualifying activity” means any qualifying activity as defined in section 20; “pioneer industry award” means an approval given by the Minister to a company under Part 2 to be a pioneer enterprise for a pioneer product; “pioneer service award” means an approval given by the Minister to a company under Part 3 to be a pioneer service company for a Part 3 qualifying activity; “pioneer service company” means a pioneer service company as defined in section 16. [20 [20/2020]


document_id: eeirita-1967
provision_ref: s30
chapter: PART 5 - TRANSFER OF AWARDS
section: 30
title: Application of this Part
content:
30. —(1) This Part applies where, because of a transfer or proposed transfer to a company (called in this Part a transferee company) of any business of a pioneer enterprise, pioneer service company or development and expansion company (called in this Part a transferor company) to which the transferor company’s pioneer industry award, pioneer service award or development and expansion award (as the case may be) relates — ( a ) a pioneer product under the pioneer industry award (called in this Part the subject product) is or will be produced by the transferee company instead of the transferor company; ( b ) a Part 3 qualifying activity under the pioneer service award (called in this Part the subject activity) is or will be engaged in by the transferee company instead of the transferor company; or ( c ) a Part 4 qualifying activity under the development and expansion award (also called in this Part the subject activity) is or will be engaged in by the transferee company instead of the transferor company. [20/2020] (2) In subsection (1), a transferee company includes a company that results from an amalgamation or merger involving the transferor company. [21 [20/2020]


document_id: eeirita-1967
provision_ref: s31
chapter: PART 5 - TRANSFER OF AWARDS
section: 31
title: Application for transfer of award
content:
31. —(1) The transferor company may apply to the Minister to transfer to the transferee company the whole or part of its pioneer industry award, pioneer service award or development and expansion award (called in this section the subject award) that relates to the subject product or subject activity, as the case may be. [20/2020] (2) The application under subsection (1) must be made in writing, in the form and containing the particulars specified by the Minister. [20/2020] (3) The Minister may approve the application under subsection (1) if the Minister is satisfied that — ( a ) because of a transfer or proposed transfer to the transferee company of any business of the transferor company to which the subject award relates, the transferee company instead of the transferor company is or will be producing the subject product, or is or will be engaging in the subject activity; and ( b ) it is in the public interest to approve the transfer. [20/2020] (4) In approving an application under subsection (1), the Minister may — ( a ) impose on the transferee company as conditions of the subject award transferred to it any conditions that the Minister thinks fit, which may be the same as or different from the conditions imposed on the transferor company for the subject award; and ( b ) add to the conditions, or vary or remove any conditions, imposed on the transferor company for the subject award that relates to any pioneer product, Part 3 qualifying activity or Part 4 qualifying activity (as the case may be) under the subject award that the transferor company continues to produce or engage in. [20/2020] (5) In approving an application under subsection (1) that relates to a development and expansion award, the Minister may, despite section 21(19), (20) and (21) — ( a ) specify an amount as the average corresponding income of the transferee company for the subject activity for the year of assessment for which the approval is given and subsequent years of assessment, which may be — (i) the average corresponding income of the transferor company for the subject activity immediately before the specified date mentioned in subsection (6)( a ); or (ii) any other amount that the Minister thinks fit; and ( b ) substitute, with effect from the year of assessment for which the approval is given and subsequent years of assessment, the average corresponding income of the transferor company for any Part 4 qualifying activity under the subject award that it continues to engage in on or after the specified date mentioned in subsection (6)( a ), with any amount that the Minister thinks fit. [20/2020] (6) Where the Minister approves an application under subsection (1), then — ( a ) on a date specified by the Minister (called in this section the specified date), the transferor company ceases to be, as the case may be — (i) a pioneer enterprise for the subject product; (ii) a pioneer service company for the subject activity; or (iii) a development and expansion company for the subject activity; ( b ) starting on the specified date, the transferee company is treated as having been approved as a pioneer enterprise, a pioneer service company, or a development and expansion company for the subject product or subject activity, as the case may be; ( c ) the transferee company’s production day of the subject product, Part 3 commencement day of the subject activity, or Part 4 commencement day of the subject activity (as the case may be) is the same as that of the transferor company, for the purposes of determining the transferee company’s tax relief period under Part 2, 3 or 4; ( d ) where the subject award is a development and expansion award, the transferee company is treated as having, for the purposes of section 21(13), (14), (15), (16) and (17), the same concessionary rate of tax for each part of the tax relief period for its expansion income derived on or after the specified date from the subject activity, as that of the transferor company had the transferor company remained a development and expansion company for the subject activity; ( e ) the Minister must — (i) amend the certificate for the subject award issued to the transferor company to remove the subject product or subject activity, as the case may be; or (ii) cancel the certificate for the subject award if the transferor company no longer produces any pioneer product, or engages in any Part 3 qualifying activity or Part 4 qualifying activity (as the case may be), specified in the certificate; and ( f ) the Minister must issue a certificate to the transferee company for the subject award transferred to it for the subject product or subject activity (as the case may be) in accordance with section 32. [20/2020] (7) The Minister may, instead of approving the application under subsection (1), require the transferee company to apply for a new pioneer industry award, pioneer service award or development and expansion award, as the case may be. [20/2020] (8) To avoid doubt — ( a ) the specified date may be the same as or different from the date on which the Minister approves the application; and ( b ) the tax relief in Part 2, 3 or 4 (as the case may be) does not apply to any income derived by the transferee company before the specified date. [22 [20/2020]


document_id: eeirita-1967
provision_ref: s32
chapter: PART 5 - TRANSFER OF AWARDS
section: 32
title: Certificate for transferred awards
content:
32. —(1) A certificate issued to a transferee company under section 31(6)( f ) must specify — ( a ) in the case of a pioneer industry award — (i) the subject product; and (ii) the production day mentioned in section 31(6)( c ); ( b ) in the case of a pioneer service award — (i) the subject activity; and (ii) the Part 3 commencement day mentioned in section 31(6)( c ); or ( c ) in the case of a development and expansion award — (i) the subject activity; (ii) the Part 4 commencement day mentioned in section 31(6)( c ); and (iii) the concessionary rate of tax to be levied for the subject activity. [20/2020] (2) Where the Minister approves an application under section 31(1) involving 2 or more pioneer products, 2 or more Part 3 qualifying activities or 2 or more Part 4 qualifying activities (as the case may be), the Minister may issue a single certificate to the transferee company in respect of those pioneer products, Part 3 qualifying activities or Part 4 qualifying activities if — ( a ) the tax relief periods of the transferee company for all the pioneer products, Part 3 qualifying activities or Part 4 qualifying activities (as the case may be) expire on the same day; and ( b ) the Minister is satisfied that the transferee company is producing or will produce all the pioneer products, or is engaging in or will engage in all the Part 3 qualifying activities or Part 4 qualifying activities, as part of the same project. [20/2020] (3) A certificate issued to a transferee company under section 31(6)( f ) is treated as a pioneer certificate, a certificate issued under section 17 or a certificate issued under section 21, as the case may be. [23 [20/2020]


document_id: eeirita-1967
provision_ref: s33
chapter: PART 6 - FOREIGN LOANS FOR PRODUCTIVE EQUIPMENT
section: 33
title: Application for approval of foreign loan
content:
33. —(1) A company that has obtained, or desires to obtain, a loan of not less than $20 million from a non‑resident person (called in this Part a foreign lender) by means of an agreement under which credit facilities are granted for the purchase of productive equipment for the purposes of its trade or business, may apply to the Minister for that loan to be approved as an approved foreign loan. [11/2016; 20/2020] (2) The Minister may, where the Minister thinks it expedient to do so, consider an application for approval in respect of a foreign loan of less than $20 million. [11/2016] (3) The application must be in such form and with such particulars as may be prescribed, and must be accompanied by a copy of the agreement. [11/2016] (4) Where the Minister is satisfied as to the bona fides of such an application and that it is expedient in the public interest to do so, the Minister may — ( a ) subject to such conditions as the Minister considers appropriate, approve the loan specified in the application as an approved foreign loan; and ( b ) issue a certificate certifying the approval. [11/2016] (5) Every certificate issued under subsection (4) must be in such form and contain such particulars as may be prescribed. [11/2016] (6) The Minister may not approve any loan as an approved foreign loan on or after 1 January 2029. [57 [11/2016] [Act 39 of 2023 wef 29/12/2023]


document_id: eeirita-1967
provision_ref: s34
chapter: PART 6 - FOREIGN LOANS FOR PRODUCTIVE EQUIPMENT
section: 34
title: Restriction on disposal of specified productive equipment
content:
34. Any productive equipment purchased and financed from an approved foreign loan must not be sold, transferred, or otherwise disposed of without the prior written permission of the Minister, unless the loan has been repaid in full. [58


document_id: eeirita-1967
provision_ref: s35
chapter: PART 6 - FOREIGN LOANS FOR PRODUCTIVE EQUIPMENT
section: 35
title: Exemption of approved foreign loan interest from tax
content:
35. —(1) Despite section 43(1) of the Income Tax Act 1947, the Minister may, subject to subsection (2), if the Minister is satisfied that it is expedient in the public interest to do so, by an endorsement to that effect on the approved foreign loan certificate, exempt from tax or authorise that tax at such concessionary rate as specified in the certificate be levied and paid upon any interest on an approved foreign loan payable to a foreign lender. [53/2007] (2) Without affecting section 61, where, on or after the date of commencement of section 8 of the Economic Expansion Incentives (Relief from Income Tax) (Amendment) Act 2023, a company contravenes section 34, or any condition under section 33(4)( a ), in respect of an approved foreign loan, the Minister may revoke the approval for the loan under section 33(4)( a ) with effect from a date determined by the Minister, which may be a date that is before the date on which notice of the revocation is given (including a date before the date of contravention). [Act 39 of 2023 wef 29/12/2023] (3) Where the approval of any loan is revoked under subsection (2) or section 61, the amount of tax which, but for subsection (1), would have been deductible by the company from the interest payable by it to the foreign lender under section 45 of the Income Tax Act 1947 — ( a ) is considered to have been deducted from any interest that was payable from and including the date determined by the Minister under subsection (2) or section 61(3), as the case may be; ( b ) is a debt due from the company to the Government; and ( c ) is, with the prior sanction of the Minister, recoverable in the manner provided by section 89 of the Income Tax Act 1947. [Act 39 of 2023 wef 29/12/2023] (4) The Minister charged with the responsibility for finance may waive all or a part of any debt due from a company under subsection (3) that arises from the revocation of any approval under subsection (2), if that Minister is satisfied that the company did not knowingly or intentionally contravene — ( a ) section 34; or ( b ) the condition imposed under section 33(4)( a ), as the case may be. [59 [Act 39 of 2023 wef 29/12/2023]


document_id: eeirita-1967
provision_ref: s36
chapter: PART 6 - FOREIGN LOANS FOR PRODUCTIVE EQUIPMENT
section: 36
title: Exemption of additional interest on approved foreign loan from tax
content:
36. —(1) Subject to subsection (3), section 35 applies to any additional interest payable on an approved foreign loan by reason of any arrangement whereby the period within which the loan must be repaid in full has been extended. (2) The rate of interest payable in respect of any such extended period must not, without the prior sanction of the Minister, be higher than the rate of interest specified in the certificate relating to the approved foreign loan. (3) Any company making any such arrangement must give written notice thereof to the Minister within 30 days from the date on which the arrangement is made. [60


document_id: eeirita-1967
provision_ref: s37
chapter: PART 7 - ROYALTIES, FEES AND DEVELOPMENT CONTRIBUTIONS
section: 37
title: Application for approval of royalties, fees or contributions
content:
37. —(1) A company engaged in any industry which is desirous of entering into an agreement or arrangement with a non‑resident person whereby royalties or technical assistance fees or contributions to research and development costs are payable to the non‑resident person, may apply to the Minister for those royalties, fees or contributions to be approved as approved royalties, fees or contributions (as the case may be) for the purposes of this Division. [11/2016] [Act 39 of 2023 wef 01/04/2023] (2) The application must be in such form and contain such particulars as the Minister may require, and must be accompanied by — ( a ) a copy of the proposed agreement or arrangement certified by the non‑resident person; or ( b ) such particulars as the Minister may require. [11/2016] (3) Where the Minister is satisfied as to the bona fides of an application and that it is expedient in the public interest to do so, the Minister may — ( a ) subject to such conditions as the Minister considers appropriate, approve the royalties, fees or contributions specified in the application as approved royalties, fees or contributions; and ( b ) issue a certificate certifying the approval. [11/2016] (4) The Minister may not approve any royalties, fees or contributions as approved royalties, fees or contributions on or after 1 April 2023. [61 [11/2016] [Act 39 of 2023 wef 01/04/2023]


document_id: eeirita-1967
provision_ref: s38
chapter: PART 7 - ROYALTIES, FEES AND DEVELOPMENT CONTRIBUTIONS
section: 38
title: Notice of variation of terms of agreement or arrangement
content:
38. —(1) If for any reason any approved royalties, fees or contributions payable by a company cease to become payable before the expiry of the period of agreement or arrangement related thereto, the company must, within 30 days from the date on which the royalties, fees or contributions cease to become payable, give notice thereof to the Minister. (2) The company to which a certificate has been issued under section 37 must not, without the prior sanction of the Minister, amend or otherwise vary the terms of the agreement or arrangement related thereto, except in cases where for the same consideration the amount of the approved royalties, fees or contributions is to be reduced and in that event the company must notify the Minister accordingly within 30 days from the date on which the amount is reduced. [62


document_id: eeirita-1967
provision_ref: s39
chapter: PART 7 - ROYALTIES, FEES AND DEVELOPMENT CONTRIBUTIONS
section: 39
title: Reduction of tax for approved royalties, fees or contributions
content:
39. —(1) Despite section 43(1) of the Income Tax Act 1947, the Minister may, subject to subsection (2), if he or she is satisfied that it is expedient in the public interest to do so, by an endorsement to that effect on the approved royalties, fees or contributions certificate, exempt from tax or authorise that tax at such concessionary rate as specified in the certificate be levied and paid upon any approved royalties, fees or contributions received by a non-resident person. [53/2007] (2) Without affecting section 61, where — ( a ) on or after 19 April 2016, a company contravenes section 38(2), or any condition under section 37(3), in respect of any approved royalties, fees or contributions; and ( b ) the Minister is of the view that it is in the public interest to do so, the Minister may revoke the approval for the royalties, fees or contributions under section 37(3)( a ) with effect from a date determined by the Minister, which may be a date that is before the date on which notice of the revocation is given (including a date before the date of contravention). [11/2016] [Act 39 of 2023 wef 29/12/2023] (3) In subsection (2), the approval to be revoked, in the case of a contravention of section 38(2), is the approval of those royalties, fees or contributions that are payable under the agreement or arrangement that is the subject of the contravention. [11/2016] (4) Where an approval of any royalties, fees or contributions is revoked under subsection (2) or section 61, the amount of tax which, but for subsection (1), would have been deductible by the company from the royalties, fees or contributions payable by it to the non-resident person under section 45A of the Income Tax Act 1947 — ( a ) is considered to have been deducted from any royalties, fees or contributions that were payable from and including the date determined by the Minister under subsection (2) or section 61(3), as the case may be; [Act 39 of 2023 wef 29/12/2023] ( b ) is a debt due from the company to the Government; and ( c ) is, with the prior sanction of the Minister, recoverable in the manner provided by section 89 of the Income Tax Act 1947. [11/2016] [Act 39 of 2023 wef 29/12/2023] (5) The Minister charged with the responsibility for finance may waive all or a part of any debt due from a company under subsection (4) that arises from the revocation of any approval under subsection (2), if that Minister is satisfied that the company did not knowingly or intentionally contravene — ( a ) section 38(2); or ( b ) the condition imposed under section 37(3), as the case may be. [11/2016] [Act 39 of 2023 wef 29/12/2023] (6) A reference in subsections (2), (3) and (4) to an approval under section 37(3)( a ) is, in the case of an approval given under section 61 of this Act as in force before 24 February 2015, a reference to a certificate under that section as in force immediately before that date. [64 [11/2016]


document_id: eeirita-1967
provision_ref: s40
chapter: PART 7 - ROYALTIES, FEES AND DEVELOPMENT CONTRIBUTIONS
section: 40
title: Exemption from tax where investment made in approved enterprise
content:
40. Where, in accordance with section 39, the tax payable on any approved royalties, fees or contributions is at a reduced rate, and it is proved to the Comptroller’s satisfaction that the royalties, fees or contributions, either wholly or in part, have been expended in the acquisition of ordinary share capital in the company from which those payments were received, the amount of income equal to that expenditure is exempt from tax. [65 Division 2 &#x2014; Approved activities [Act 39 of 2023 wef 01/04/2023]


document_id: eeirita-1967
provision_ref: s40A
chapter: PART 7 - ROYALTIES, FEES AND DEVELOPMENT CONTRIBUTIONS
section: 40A
title: Application for approval of activities
content:
40A. —(1) A company engaged in any industry may apply to the Minister for an activity to be approved as an approved activity for the company for the purposes of this Division if — ( a ) the company is engaged in or desires to engage in that activity; and ( b ) for the purposes of carrying on that activity, the company has entered into or is desirous of entering into an agreement or arrangement with a non‑resident person under which royalties or technical assistance fees or contributions to research and development costs are or will be payable to the non‑resident person. (2) A company may make an application under subsection (1) for more than one activity. (3) An application under subsection (1) must be made in writing, in the form and contain the particulars specified by the Minister. (4) Where the Minister is satisfied as to the bona fides of an application and that it is expedient in the public interest to do so, the Minister may — ( a ) subject to any conditions that the Minister considers appropriate, approve an activity in the application as an approved activity for the company; and ( b ) issue to the company a certificate certifying the approval. (5) Every approved activity certificate issued to a company must specify — ( a ) the approved activity; and ( b ) the period of approval for the approved activity. (6) Where the Minister grants approval to a company for 2 or more activities, the Minister may issue a single certificate in respect of those activities. (7) Approval under this section may only be granted during the period between 1 April 2023 and 31 December 2028 (both dates inclusive). (8) This section applies whether the agreement or arrangement mentioned in subsection (1) was or is entered into before, on or after 1 April 2023. [Act 39 of 2023 wef 01/04/2023]


document_id: eeirita-1967
provision_ref: s40B
chapter: PART 7 - ROYALTIES, FEES AND DEVELOPMENT CONTRIBUTIONS
section: 40B
title:
Reduction of tax for royalties, fees or contributions payable under agreements or arrangements for purposes of approved activities

content:
40B. —(1) The Minister may specify, in an approved activity certificate issued to a company in respect of an approved activity, that any relevant royalties, fees or contributions for that activity that are payable to a non‑resident person during the period of approval for that activity as specified in that certificate (called in this section the approval period) are subject to a tax incentive specified in that certificate, subject to any conditions that the Minister may specify in the certificate. (2) For the purposes of subsection (1), the Minister may specify different tax incentives (including different concessionary rates) for different classes, categories or descriptions of — ( a ) approved activities; ( b ) relevant royalties, fees or contributions for an approved activity; or ( c ) non‑resident persons to whom relevant royalties, fees or contributions for an approved activity are payable. (3) Without limiting subsection (1), the Minister may under subsection (1) impose the condition in subsection (4) for the application of a tax incentive to any item of relevant royalties, fees or contributions for an approved activity payable to a non‑resident person. (4) The condition is that the tax incentive only applies if, at the time the item of relevant royalties, fees or contributions is payable to the non‑resident person, the highest rate of tax of a similar character to income tax imposed by the Income Tax Act 1947 (by whatever name called) that is levied — ( a ) under the law of the territory that the non‑resident person is a tax resident in; and ( b ) on any gains or profits from any trade or business carried on by the non‑resident person in that territory at that time, is more than 0%. (5) Despite section 43(1) of the Income Tax Act 1947, subject to subsection (7), where an approved activity certificate specifies that any relevant royalties, fees or contributions for an approved activity that are payable to a non‑resident person during the approval period for that activity are exempt from tax, then those relevant royalties, fees or contributions are exempt from tax if the conditions specified in the certificate for that tax incentive are satisfied. (6) Despite section 43(1) of the Income Tax Act 1947, subject to subsection (7), where an approved activity certificate specifies that a concessionary rate of tax is to be levied on any relevant royalties, fees or contributions for an approved activity that are payable to a non‑resident person during the approval period for that activity, then tax at that rate is levied and payable on those relevant royalties, fees or contributions, if the conditions specified in the certificate for that tax incentive are satisfied. (7) Any tax incentive specified in an approved activity certificate for an approved activity does not apply to any relevant royalties, fees or contributions of the approved activity that are approved royalties, fees or contributions under Division 1 of this Part at the time the relevant royalties, fees or contributions are payable to the non‑resident person. (8) In this section — “relevant royalties, fees or contributions”, in relation to an approved activity, means any royalties or technical assistance fees or contributions to research and development costs payable by the company to the non‑resident person — ( a ) under an agreement or arrangement which the company entered into with the non‑resident person for the purposes of carrying on that approved activity; and ( b ) where the agreement or arrangement is subsequently amended or varied, under the amended or varied agreement or arrangement if the amendment or variation was for the purposes of carrying on that approved activity; “tax incentive” means — ( a ) an exemption from tax; or ( b ) a concessionary rate of tax. [Act 39 of 2023 wef 01/04/2023]


document_id: eeirita-1967
provision_ref: s40C
chapter: PART 7 - ROYALTIES, FEES AND DEVELOPMENT CONTRIBUTIONS
section: 40C
title: Revocation of approval of approved royalties, fees or contributions
content:
40C. —(1) Where the royalties or technical assistance fees or contributions to research and development costs mentioned in section 40A(1)( b ) in relation to the activity mentioned in that provision (called in this section the relevant approved activity) are already approved royalties, fees or contributions under Division 1 of this Part, the company may apply under subsection (2) or (3) for the revocation of the approval of the approved royalties, fees or contributions (granted under section 37(3)( a )). (2) The company may, in the application under section 40A(1), apply for the approval of the approved royalties, fees or contributions (granted under section 37(3)( a )) to be revoked under this section together with the grant of the application under section 40A(1). (3) The company may, at any time after the application under section 40A(1) is granted, apply for the approval of the approved royalties, fees or contributions (granted under section 37(3)( a )) to be revoked under this section. (4) Where the Minister is satisfied as to the bona fides of the application for revocation under subsection (2) or (3) and that it is expedient in the public interest to do so, the Minister may — ( a ) approve the revocation; and ( b ) amend the relevant certificate issued under section 37 to specify the date from which the revocation takes effect. (5) Where the application for revocation is made under subsection (3), in approving the revocation, the Minister may add to, vary or revoke any condition imposed on the company under section 40A(4)( a ) in respect of the relevant approved activity. (6) Where a revocation is approved under subsection (4)( a ), Division 1 of this Part ceases to have effect in relation to the royalties, fees or contributions mentioned in subsection (1) that are payable on or after the date mentioned in subsection (4)( b ). (7) A reference in this section to an approval under section 37(3)( a ) is, in the case of an approval given under section 61 of this Act as in force before 24 February 2015, a reference to a certificate under that section as in force immediately before that date. [Act 39 of 2023 wef 01/04/2023]


document_id: eeirita-1967
provision_ref: s40D
chapter: PART 7 - ROYALTIES, FEES AND DEVELOPMENT CONTRIBUTIONS
section: 40D
title: Retrospective revocation of approval of approved royalties, fees or contributions
content:
40D. —(1) Where — ( a ) a company has an approval under Division 1 of this Part for royalties, fees or contributions payable under an agreement or arrangement ( A ); ( b ) the company is granted an approval under section 40A for an activity where, for the purposes of carrying on that activity, the company had entered into agreement or arrangement A ; and ( c ) the Minister revokes the approval mentioned in paragraph ( a ) under section 39(2) with effect from a date (called in this section the effective revocation date) that is before the date on which notice of revocation of the approval is given to the company (called in this section the date of revocation notice), then — ( d ) where the commencement of the approval period is before the effective revocation date, section 40B(5) and (6) applies to any royalties, fees or contributions payable under agreement or arrangement A on or after the effective revocation date; and ( e ) where the effective revocation date is before the commencement of the approval period, section 40B(5) and (6) applies to any royalties, fees or contributions payable under agreement or arrangement A on or after the commencement of the approval period. (2) Where subsection (1) applies and the tax relief amount under section 39 for the relevant period is more than the tax relief amount under section 40B for the relevant period, the difference between the amounts — ( a ) is considered to have been deducted from the royalties, fees and contributions payable by the company under agreement or arrangement A during the relevant period under section 45A of the Income Tax Act 1947; ( b ) is a debt due from the company to the Government; and ( c ) is, with the prior sanction of the Minister, recoverable in the manner provided by section 89 of the Income Tax Act 1947. (3) Where subsection (1) applies and the tax relief amount under section 39 for the relevant period is less than the tax relief amount under section 40B for the relevant period, the Comptroller must refund the company the difference between those amounts. (4) Where — ( a ) a company is applying for or has been granted approval under section 40A for a relevant approved activity, and the company is also applying for revocation under section 40C(1) of the approval of the royalties or technical assistance fees or contributions to research and development costs in relation to that activity; ( b ) on or before the date of its application under section 40C, the company — (i) contravenes or had contravened section 38(2) in respect of the agreement or arrangement under which the approved royalties, fees or contributions mentioned in section 40C(1) were payable; or (ii) contravenes or had contravened any condition under section 37(3)( a ) in respect of the approval for those approved royalties, fees or contributions; ( c ) the company did not disclose the contravention to the Minister at any time prior to or when making the application under section 40C; ( d ) the Minister revokes the approval for those approved royalties, fees or contributions under section 40C(4)( a ); and ( e ) the contravention by the company subsequently comes to the knowledge of the Minister, then the consequences in subsection (5) follow. (5) The consequences for subsection (4) are as follows: ( a ) the Minister may rescind his or her approval of the application for revocation under section 40C, and instead revoke the approval of the approved royalties, fees or contributions under section 39(2) with effect from an earlier date (called in this section the earlier date); ( b ) upon the Minister revoking the approval under paragraph ( a ) — (i) the consequences in subsections (1)( d ) and ( e ), (2) and (3) apply as if the earlier date were the effective revocation date for the purposes of those provisions; and (ii) without affecting sub‑paragraph (i), where the earlier date is a date before the commencement of the approval period, the amount of tax which, but for section 39(1), would have been deductible by the company from the royalties, fees or contributions payable by it to the non‑resident person under section 45A of the Income Tax Act 1947, for the period between the earlier date and the day before the commencement of the approval period (both dates inclusive) — (A) is considered to have been deducted from the royalties, fees and contributions payable by the company to the non‑resident person during that period; (B) is a debt due from the company to the Government; and (C) is, with the prior sanction of the Minister, recoverable in the manner provided by section 89 of the Income Tax Act 1947. (6) In this section — “commencement of the approval period”, in relation to a relevant approved activity, means the date on which the period of approval for the relevant approved activity commences, as specified in the approved activity certificate for the relevant approved activity; “relevant approved activity” means — ( a ) for the purposes of subsections (1), (2) and (3), the activity mentioned in subsection (1)( b ); and ( b ) for the purposes of subsections (4) and (5), the activity mentioned in section 40C(1); “relevant period” means — ( a ) where subsection (1)( d ) applies, the period between the effective revocation date and the date immediately before the date of revocation notice (both dates inclusive); and ( b ) where subsection (1)( e ) applies, the period between the commencement of the approval period and the date immediately before the date of revocation notice (both dates inclusive); “tax relief amount under section 39 for the relevant period” means the amount of tax which, prior to the date of revocation notice, a company had, in reliance on section 39(1), not deducted from the royalties, fees or contributions payable to a non‑resident person under section 45A of the Income Tax Act 1947 during the relevant period; “tax relief amount under section 40B for the relevant period” means the amount of tax which, but for section 40B(5) and (6) (read with subsection (1)), would have been deductible by a company under section 45A of the Income Tax Act 1947 from any royalties, fees or contributions payable by the company to a non‑resident person during the relevant period. [Act 39 of 2023 wef 01/04/2023]


document_id: eeirita-1967
provision_ref: s40E
chapter: PART 7 - ROYALTIES, FEES AND DEVELOPMENT CONTRIBUTIONS
section: 40E
title: Amendment of approved activity certificate
content:
40E. —(1) The Minister may, upon the application of a company — ( a ) revoke the approval for an approved activity for that company by removing that activity from an approved activity certificate of the company and specifying in the certificate the date from which the revocation takes effect; or ( b ) subject to any conditions that the Minister considers appropriate, approve an activity as an approved activity for that company by adding to an approved activity certificate of the company that activity, the date from and including which the activity is an approved activity, and the period of approval for that activity, if — (i) section 40A(1)( a ) and ( b ) is satisfied in relation to that activity; and (ii) the Minister is satisfied — (A) as to the bona fides of the application; and (B) that it is expedient in the public interest to do so. (2) Section 40B applies to a company in relation to an activity ( A ) approved as an approved activity under subsection (1)( b ), as if a reference to a certificate issued to a company in respect of an approved activity is a reference to a certificate amended under subsection (1)( b ) to add activity A . (3) Section 40C applies to a company in relation to any application for the approval of an activity ( B ) under subsection (1)( b ), with the following modifications: ( a ) any reference to royalties or technical assistance fees or contributions to research and development costs mentioned in section 40A(1)( b ) is a reference to royalties or technical assistance fees or contributions to research and development costs payable to a non‑resident person, under an agreement or arrangement with that non‑resident person, that the company has entered into or is desirous of entering into for the purposes of carrying on activity B ; ( b ) any reference to an application under section 40A(1) is a reference to such an application for approval of activity B under subsection (1)( b ); ( c ) any reference to a condition imposed on the company under section 40A(4)( a ) is a reference to a condition imposed for activity B under subsection (1)( b ). (4) Section 40D applies to a company in relation to an activity ( C ) approved as an approved activity under subsection (1)( b ), as if a reference to an approval under section 40A for an activity is a reference to an approval of activity C under subsection (1)( b ). (5) The Minister may, upon the application of a company or on the Minister’s own initiative, amend an approved activity certificate issued to a company by extending or shortening the approval period of an approved activity specified in the certificate under section 40A(5)( b ) or subsection (1)( b ). (6) The Minister may, upon the application of a company or on the Minister’s own initiative, amend an approved activity certificate of the company — ( a ) by replacing any tax incentive specified in the certificate for an approved activity, with another tax incentive (including, in the case of a concessionary rate of tax, a different concessionary rate of tax) for the purpose of any relevant royalties, fees or contributions for the approved activity that is payable on or after a specified date to a non‑resident person; or ( b ) by adding to, varying or revoking any condition in the certificate for the application of a tax incentive to any relevant royalties, fees or contributions for an approved activity that is payable on or after a specified date to a non‑resident person, and section 40B(5) and (6) applies accordingly to such relevant royalties, fees or contributions payable to the non‑resident person on or after that specified date. (7) In this section, “approval period”, “relevant royalties, fees or contributions” and “tax incentive” have the meanings given by section 40B(1) and (8). [Act 39 of 2023 wef 01/04/2023]


document_id: eeirita-1967
provision_ref: s40F
chapter: PART 7 - ROYALTIES, FEES AND DEVELOPMENT CONTRIBUTIONS
section: 40F
title: Revocation of approval for activity
content:
40F. —(1) Without affecting section 61, the Minister may, if the Minister is satisfied that a company has contravened any condition of an approval given to the company for an activity under section 40A(4)( a ) or 40E(1)( b ), revoke the approval for that activity with effect from a date determined by the Minister, which may be a date that is before the date on which notice of the revocation is given (including a date before the date of contravention). (2) Where the Minister revokes the approval of an activity under this section or section 61, the Minister must remove the activity from the relevant approved activity certificate and specify on that approved activity certificate the date from which the removal has effect. [Act 39 of 2023 wef 01/04/2023]


document_id: eeirita-1967
provision_ref: s40G
chapter: PART 7 - ROYALTIES, FEES AND DEVELOPMENT CONTRIBUTIONS
section: 40G
title: Recovery of tax
content:
40G. —(1) Where the approval for an activity is revoked under section 40E(1)( a ), 40F(1) or 61, the amount of tax that, but for section 40B(5) or (6), would have been deductible by the company from the royalties, fees or contributions payable by it to a non‑resident person under section 45A of the Income Tax Act 1947 — ( a ) is considered to have been deducted from any royalties, fees and contributions payable from and including the date mentioned in section 40E(1)( a ), 40F(1) or 61(3), as the case may be; ( b ) is a debt due from the company to the Government; and ( c ) is, with the prior sanction of the Minister, recoverable in the manner provided by section 89 of the Income Tax Act 1947. (2) The Minister charged with the responsibility for finance may waive all or a part of any debt due from a company under subsection (1) that arises from the revocation of any approval under section 40F(1), if that Minister is satisfied that the company did not knowingly or intentionally contravene the condition mentioned in section 40F(1). [Act 39 of 2023 wef 01/04/2023]


document_id: eeirita-1967
provision_ref: s41
chapter: PART 8 - INVESTMENT ALLOWANCES
section: 41
title: Interpretation of this Part
content:
41. —(1) In this Part, unless the context otherwise requires — “approved project” means a project approved by the Minister under section 43(2); “chargeable concessionary income” means concessionary income after deducting expenses, donations, allowances or losses allowable under the Income Tax Act 1947 against the concessionary income; “chargeable normal income” means normal income after deducting expenses, donations, allowances or losses allowable under the Income Tax Act 1947 against the normal income; “concessionary income” means income subject to tax at the concessionary rate of tax under section 43A, 43C, 43D, 43E, 43F, 43G, 43H, 43I, 43J, 43K, 43L, 43M, 43N, 43O, 43P, 43Q, 43R, 43S, 43T, 43U, 43V, 43W or 43X of the Income Tax Act 1947, or the regulations made under any of those provisions, as the case may be; “concessionary investment allowance” means an investment allowance given to a company for an approved project from which the concessionary income of the company is derived; “concessionary investment allowance account” means an account kept by a company for the purpose of calculating the amount of concessionary investment allowance granted under this Part; “construction operations” means — ( a ) construction, alteration, repair, extension or demolition of buildings and structures; ( b ) construction, alteration, repair, extension or demolition of any works forming, or to form, part of any land; or ( c ) any operations which form an integral part of, or are preparatory to, or are for rendering complete the operations described in paragraph ( a ) or ( b ) including site clearance, earth‑moving excavation, laying of foundations, site restoration, landscaping and the provision of drains and of roadways and other access works; “corporate partnership” means a partnership, limited liability partnership or limited partnership comprising solely of partners that are companies; “fixed capital expenditure” means — ( a ) capital expenditure to be incurred on an approved project by a company on the following items that are used for carrying out the project: (i) any factory building (excluding land) in Singapore and, in relation to any project under section 43(1)( b ), ( c ), ( d ), ( f ), ( g ) or ( k ), includes a building or structure specially designed for carrying out the project; (ii) the acquisition of any know-how or patent rights; (iii) any new productive equipment (and, subject to the approval of the Minister, any secondhand productive equipment) to be used in Singapore and, in relation to any project under section 43(1)( h ) or ( k ), includes any productive equipment to be used outside Singapore as approved under section 43(3); and ( b ) without affecting paragraph ( a ), for any project under section 43(1)( m ), such capital expenditure as may be prescribed; [Act 41 of 2024 wef 25/12/2024] “greenhouse gas” means any greenhouse gas specified in the first column of the First Schedule to the Carbon Pricing Act 2018; [Act 9 of 2022 wef 01/04/2021] “investment day”, in relation to a company, means the date specified in its certificate as the date from which the company qualifies for the investment allowance; “normal income” means income subject to tax at the rate of tax under section 43(1)( a ) of the Income Tax Act 1947; “normal investment allowance” means an investment allowance given to a company for an approved project from which the normal income of the company is derived; “normal investment allowance account” means an account kept by a company for the purpose of calculating the amount of normal investment allowance granted under this Part; “relevant income”, in relation to a company, means any income which — ( a ) does not form part of the statutory income of the company or is exempt from tax under the provisions of this Act (other than this Part) or the Income Tax Act 1947; or ( b ) is subject to tax at the concessionary rate under Part IIIA in force immediately before 28 April 2004 or Part 4; “research and development” has the meaning given by section 2(1) of the Income Tax Act 1947; “space satellite” means an apparatus placed in orbit relative to the earth for any economic, scientific or technological purpose; “submarine cable system” means a network of interconnected submarine cables, and includes its submarine landing terminating equipment, terrestrial or submarine optical fibre systems, network equipment and any other equipment ancillary to the submarine cable system. [14/2007; 53/2007; 34/2008; 29/2010; 22/2011; 19/2013; 2/2016; 34/2016; 39/2017; 20/2020] (2) For the purposes of this Part, fixed capital expenditure is not to be deemed to be incurred by a company unless — ( a ) in the case of any factory building or productive equipment to be constructed or installed on site, the expenditure is attributable to payment against work done in the construction of the building or the construction or installation of the productive equipment; ( b ) in the case of any productive equipment, other than that to which paragraph ( a ) or ( c ) applies, the company has received delivery of the equipment in Singapore; ( c ) in the case of any productive equipment to be used in relation to a project under section 43(1)( h ) or ( k ), the company has received delivery of the equipment. [14/2007; 20/2020] [Act 39 of 2023 wef 29/12/2023] (3) For the purposes of this Part, fixed capital expenditure incurred by a company in relation to a project under section 43(1)( k ) excludes any such expenditure to the extent that it is or is to be subsidised by grants or subsidies from the Government or a statutory board. [66 [20/2020] (4) For the purposes of this Part, the Minister may prescribe that fixed capital expenditure incurred by a company in relation to any project under section 43(1)( m ) is not fixed capital expenditure for the purposes of this Part to the extent that it is or is to be subsidised by grants or subsidies from the Government or a statutory board. [Act 41 of 2024 wef 25/12/2024]


document_id: eeirita-1967
provision_ref: s42
chapter: PART 8 - INVESTMENT ALLOWANCES
section: 42
title:
Application of Parts 8 and 10 and section 3 in relation to corporate partnerships and partners of corporate partnerships

content:
42. —(1) Regulations may be made under section 64(1) to apply the provisions of Parts 8 and 10 and section 3 (called in this section the applied provisions) for the following purposes: ( a ) to enable an investment allowance to be given to a corporate partnership; ( b ) to apportion the investment allowance given to the corporate partnership to its partners. [20/2020] (2) Without limiting section 64(1), the regulations mentioned in subsection (1) may make provision — ( a ) to make any modification to any of the applied provisions that is necessary or expedient for the purposes mentioned in subsection (1); ( b ) to specify the circumstances under which a corporate partnership is considered to have sold, leased out or otherwise disposed of any assets in respect of which an investment allowance has been given; and ( c ) for the recovery of an investment allowance given to a corporate partnership from its partners, and the waiver of any liability of a partner to repay any part of the investment allowance. [66A [20/2020]


document_id: eeirita-1967
provision_ref: s43
chapter: PART 8 - INVESTMENT ALLOWANCES
section: 43
title: Capital expenditure investment allowance
content:
43. —(1) Where a company proposes to carry out a project — ( a ) for the manufacture or increased manufacture of any product; ( b ) for the provision of specialised engineering or technical services; ( c ) for research and development; ( d ) for construction operations; ( e ) for reducing the consumption of water; ( f ) in relation to any qualifying activity as defined in section 16; ( g ) for the promotion of the tourist industry (other than a hotel) in Singapore; ( h ) for the operation of any space satellite; ( i ) [ Deleted by Act 39 of 2023 wef 29/12/2023 ] ( j ) for improving energy efficiency; [Act 9 of 2022 wef 01/04/2021] ( k ) for the construction and operation by the company of any submarine cable system with one or more landing stations in Singapore, and any such landing station; [Act 9 of 2022 wef 01/04/2021] [Act 41 of 2024 wef 25/12/2024] ( l ) for reducing greenhouse gas emissions; or [Act 41 of 2024 wef 25/12/2024] ( m ) for such other activity as may be prescribed, [Act 41 of 2024 wef 25/12/2024] the company may apply in the prescribed form to the Minister for the approval of an investment allowance in respect of the fixed capital expenditure for the project. [14/2007; 33/2010; 20/2020] [Act 9 of 2022 wef 01/04/2021] (1A) Where a project is prescribed for the purposes of subsection (1)( m ), the regulations may further provide that approval under this section may not be granted to any company in respect of the project after a prescribed date. [Act 41 of 2024 wef 25/12/2024] (2) Where the Minister considers it expedient, having regard to the economic, technical and other merits of the project, the Minister may approve the project and issue the company with a certificate which qualifies the company for an investment allowance as stipulated in the certificate in respect of the fixed capital expenditure for the approved project subject to such terms and conditions as the Minister thinks fit. (3) For the purposes of subsection (2), the Minister may approve any investment allowance in respect of the fixed capital expenditure to be incurred on any productive equipment to be used outside Singapore for any project under subsection (1)( h ) or ( k ). [14/2007; 20/2020] [Act 39 of 2023 wef 29/12/2023] (4) Every certificate issued under this section must specify a date as the investment day from which the company is entitled to an investment allowance under this Part. (5) The Minister may upon the application of a company, amend its certificate by substituting for the investment day specified therein such earlier or later date as the Minister thinks fit and thereupon the provisions of this Part have effect as if the date so substituted were the investment day in relation to that certificate. (6) [ Deleted by Act 39 of 2023 wef 29/12/2023 ] (7) Approval under this section may only be granted during the period from and including 1 April 2010 up to and including 31 December 2026 or such earlier date as may be prescribed to any company in respect of any project under subsection (1)( j ). [Act 9 of 2022 wef 01/04/2021] [Act 41 of 2024 wef 25/12/2024] (8) Approval under this section may not be granted to any company in respect of any project under subsection (1)( a ) to ( h ) on or after 1 January 2029 or such earlier date as may be prescribed. [11/2016] [Act 39 of 2023 wef 29/12/2023] [Act 41 of 2024 wef 25/12/2024] (9) Approval under this section may only be granted during the period from and including 20 February 2018 up to and including 31 December 2028 or such earlier date as may be prescribed to a company in respect of any fixed capital expenditure incurred by the company on or after 20 February 2018 on a submarine cable system or a landing station mentioned in subsection (1)( k ), for a project under that subsection. [Act 39 of 2023 wef 29/12/2023] [20/2020] [Act 41 of 2024 wef 25/12/2024] (10) Approval under this section may only be granted during the period from and including 1 April 2021 up to and including 31 December 2026 or such earlier date as may be prescribed to a company in respect of any fixed capital expenditure incurred by the company on or after 1 April 2021 on a project mentioned in subsection (1)( l ). [67 [Act 9 of 2022 wef 01/04/2021] [Act 41 of 2024 wef 25/12/2024]


document_id: eeirita-1967
provision_ref: s44
chapter: PART 8 - INVESTMENT ALLOWANCES
section: 44
title: Investment allowance
content:
44. —(1) The investment allowance granted under section 43 must be a specified percentage, not exceeding 100% of the amount (which may be subject to a specified maximum) of the fixed capital expenditure incurred on each item specified by the Minister under subsection (2) on an approved project if the fixed capital expenditure is incurred — ( a ) within such period as the Minister may determine (called in this Part the qualifying period), being a period commencing from the investment day and — (i) not exceeding 5 years; or (ii) not exceeding 8 years where the specified item is acquired under a hire‑purchase agreement made on or after 15 February 2007; and ( b ) in the case of a project under section 43(1)( g ), within such period (hereinafter called the qualifying period), not exceeding 10 years, commencing from the investment day as the Minister may determine. [33/2010] (2) The Minister — ( a ) must specify the items of the fixed capital expenditure for the purposes of subsection (1); and ( b ) may specify the maximum amount of the investment allowance granted for the approved project. (3) Where any question arises as to whether a particular item qualifies as one of the items under subsection (2)( a ), it is to be determined by the Minister whose decision is final. (4) In subsection (1), “specified” means specified by the Minister. [68


document_id: eeirita-1967
provision_ref: s45
chapter: PART 8 - INVESTMENT ALLOWANCES
section: 45
title: Crediting of investment allowance
content:
45. —(1) Where in the basis period for a year of assessment a company has incurred fixed capital expenditure, the company is to be given for that year of assessment an investment allowance in respect of such amount of the fixed capital expenditure as qualifies for the investment allowance under the terms and conditions of its certificate and in accordance with section 44. (2) Despite subsection (1), no investment allowance may be given to a company for an approved project from which relevant income of the company is derived. (3) Where any investment allowance is given to a company for an approved project from which only normal income of the company is derived, the investment allowance is to be credited to an account to be called a “normal investment allowance account” which must be kept by the company for the purposes of this Part. (4) Where any investment allowance is given to a company for an approved project from which only concessionary income of the company is derived, the investment allowance is to be credited to an account to be called a “concessionary investment allowance account” which must be kept by the company for the purposes of this Part. (5) Where a company derives both normal income and concessionary income at the same time from an approved project, the investment allowance is to be credited wholly to the normal investment allowance account or wholly to the concessionary investment allowance account as the Minister may direct. [Act 9 of 2022 wef 22/04/2022] (6) Despite subsections (1) to (5), where a company has incurred, on or after 1 January 1996, fixed capital expenditure for a project approved under section 43(1)( e ), the Minister may, if the Minister is satisfied that it is expedient in the public interest to do so, direct that an investment allowance be given to the company for such expenditure, and the investment allowance is to be credited into a normal investment allowance account. (7) Despite section 47, as from the relevant date, where the income of a company which is derived from an approved project is subject to tax as concessionary income instead of as normal income — ( a ) subject to paragraph ( d ), any balance in the normal investment allowance account at the end of the basis period for the year of assessment before the transitional year may only be used for deduction against the chargeable normal income of the company for the transitional year; ( b ) where the company has incurred any fixed capital expenditure before the relevant date, any investment allowance given to the company for the fixed capital expenditure is to be credited to the normal investment allowance account; ( c ) where the company has incurred any fixed capital expenditure on or after the relevant date, any investment allowance given to the company for the fixed capital expenditure is to be credited to the concessionary investment allowance account; and ( d ) the normal investment allowance account for the transitional year is to be debited with the amount of chargeable normal income for the transitional year not exceeding the credit in that account; and any remaining balance in that account for that year is to be debited from that account and credited to the concessionary investment allowance account for use against the chargeable concessionary income of the company for the transitional year and subsequent years of assessment. (8) Despite section 47, as from the relevant date, where the income of a company which is derived from an approved project is subject to tax as normal income instead of as concessionary income — ( a ) subject to paragraph ( d ), any balance in the concessionary investment allowance account at the end of the basis period for the year of assessment before the transitional year may only be used for deduction against the chargeable concessionary income of the company for the transitional year; ( b ) where the company has incurred any fixed capital expenditure before the relevant date, any investment allowance given to the company for the fixed capital expenditure is to be credited to the concessionary investment allowance account; ( c ) where the company has incurred any fixed capital expenditure on or after the relevant date, any investment allowance given to the company for the fixed capital expenditure is to be credited to the normal investment allowance account; and ( d ) the concessionary investment allowance account for the transitional year is to be debited with the amount of chargeable concessionary income for the transitional year not exceeding the credit in that account; and any remaining balance in that account for that year is to be debited from that account and credited to the normal investment allowance account for use against the chargeable normal income of the company for the transitional year and subsequent years of assessment. (9) Despite section 47(4), where the Comptroller is satisfied that a company has permanently ceased to derive any concessionary income in the basis period for any year of assessment — ( a ) the concessionary investment allowance account is to be debited with the amount of chargeable concessionary income of the company for that year of assessment not exceeding the credit in that account; ( b ) any remaining balance in the concessionary investment allowance account is to be debited from that account; and ( c ) an adjusted amount of any remaining balance referred to in paragraph ( b ) is to be credited to the normal investment allowance account for use against the chargeable normal income of the company for that year of assessment and subsequent years of assessment, and for this purpose “adjusted amount” means the amount ascertained in accordance with the formula where A is the amount of any remaining balance referred to in paragraph ( b ); B is the concessionary rate of tax for that year of assessment at which the concessionary income is subject to tax; and C is the rate of tax under section 43(1)( a ) of the Income Tax Act 1947 for that year of assessment. (10) In this section — “relevant date” means the date in the basis period relating to any transitional year on which the income of an approved project is subject to tax as concessionary income instead of as normal income, or vice versa; “transitional year” means any year of assessment relating to the basis period in which the income of an approved project is from the relevant date subject to tax as concessionary income instead of as normal income, or vice versa. [69


document_id: eeirita-1967
provision_ref: s46
chapter: PART 8 - INVESTMENT ALLOWANCES
section: 46
title: Prohibition to sell, lease out or dispose of assets
content:
46. —(1) During its qualifying period or within 2 years after the end of its qualifying period, a company must not, without the Minister’s written approval, sell, lease out or otherwise dispose of any assets in respect of which an investment allowance has been given. (2) Where during its qualifying period, or within 2 years after the end of its qualifying period, a company has sold, leased out or otherwise disposed of any assets in respect of which an investment allowance has been given, an amount equal to the aggregate of the investment allowance given in respect of that asset may be recovered in the following manner: ( a ) where the investment allowance given had been credited to the normal investment allowance account — (i) the amount is to be deducted from that account; and (ii) where that account is insufficient to give full effect to the recovery, an assessment or additional assessment in respect of the amount unrecovered is to be made upon the company; and ( b ) where the investment allowance given had been credited to the concessionary investment allowance account — (i) the amount is to be deducted from that account; and (ii) where that account is insufficient to give full effect to the recovery, an assessment or additional assessment in respect of the amount unrecovered is to be made upon the company. [11/2016] (3) Despite subsection (2), the Minister may waive wholly or partly the recovery of the investment allowance. [70


document_id: eeirita-1967
provision_ref: s47
chapter: PART 8 - INVESTMENT ALLOWANCES
section: 47
title: Exemption from income tax
content:
47. —(1) Subject to subsection (2), where for any year of assessment a normal investment allowance account of a company is in credit and the company has for that year of assessment any chargeable normal income — ( a ) an amount of the chargeable normal income, not exceeding the credit in the normal investment allowance account, is exempt from tax and the normal investment allowance account is to be debited with such amount; and ( b ) any remaining balance in the normal investment allowance account is to be carried forward to be used by the company in the first subsequent year of assessment when the company has chargeable normal income, and so on for subsequent years of assessment until the credit in the normal investment allowance account has been fully used. (2) Where, for any year of assessment, a company has any chargeable concessionary income and the normal investment allowance account is in credit, the company may elect for any amount of the chargeable concessionary income, not exceeding the credit in the normal investment allowance account, to be exempt from tax and the normal investment allowance account to be debited with such amount. (3) A company must make the election under subsection (2) for any year of assessment at the time of lodgment of the return of income for that year of assessment, except that the election for the year of assessment 1994 must be made before 1 April 1995. (4) Where, for any year of assessment, a concessionary investment allowance account of a company is in credit and the company has, for that year of assessment any chargeable concessionary income — ( a ) an amount of the chargeable concessionary income, not exceeding the credit in the concessionary investment allowance account, is exempt from tax and the concessionary investment allowance account is to be debited with such amount; and ( b ) any remaining balance in the concessionary investment allowance account is to be carried forward to be used by the company in the first subsequent year of assessment when the company has chargeable concessionary income, and so on for subsequent years of assessment until the credit in the concessionary investment allowance account has been fully used. (5) Any amount of chargeable normal income of a company debited from the normal investment allowance account under section 45(7)( d ) or any amount of chargeable concessionary income of a company debited from the concessionary investment allowance account under section 45(8)( d ) or (9)( a ) is exempt from tax. [71 48. [ Repealed by Act 39 of 2023 wef 29/12/2023 ]


document_id: eeirita-1967
provision_ref: s49
chapter: PART 8 - INVESTMENT ALLOWANCES
section: 49
title: No investment allowance for certain expenditure
content:
49. No investment allowance may be granted for any amount of fixed capital expenditure incurred on the acquisition of any know‑how, patent rights or productive equipment for which an allowance has been claimed under section 19A(2A), (2B) or (2BAA) or 19B(1A), (1B) or (1BAA) of the Income Tax Act 1947. [74A [29/2010; 37/2014]


document_id: eeirita-1967
provision_ref: s60
chapter: PART 10 - MISCELLANEOUS PROVISIONS
section: 60
title: Prohibition of publication of application and certificate or letter
content:
60. —(1) The contents of any application made by, or of any certificate or letter issued to, any company under any of the provisions of this Act must not, except at the instance of the company, be published. [11/2004] (2) The Minister may cause to be published by notification in the Gazette the name of any company to which any such certificate or letter has been issued or whose certificate or letter has been revoked, and the industry and product or produce to which the certificate or letter relates. [98 [11/2004]


document_id: eeirita-1967
provision_ref: s61
chapter: PART 10 - MISCELLANEOUS PROVISIONS
section: 61
title: Revocation of certificate or letter
content:
61. —(1) Where the Minister is satisfied that any company to which a certificate or letter has been issued under the provisions of this Act has contravened — ( a ) any of the provisions of this Act; or ( b ) any terms or conditions imposed on the certificate or letter, the Minister may, by written notice, require the company within 30 days from the date of service of the notice to show cause why the certificate or letter should not be revoked. (2) If the Minister is satisfied that, having regard to all the circumstances of the case it is expedient to do so, the Minister may revoke the certificate or letter with effect from a date determined by the Minister. [Act 39 of 2023 wef 29/12/2023] (3) Where a certificate or letter is revoked under subsection (2), the provisions of this Act cease to have effect from the date determined by the Minister under that subsection. [Act 39 of 2023 wef 29/12/2023] (4) This section applies to an approval granted under section 33, 37, 40A or 40E(1)( b ), as if — ( a ) a reference in this section to the issue of a certificate or letter is a reference to the approval of a loan under section 33, the approval of royalties, fees or contributions under section 37, or the approval of an activity under section 40A or 40E(1)( b ); [Act 39 of 2023 wef 01/04/2023] ( b ) a reference in this section to terms or conditions imposed on the certificate or letter is a reference to the conditions of the approval mentioned in section 33(4)( a ), 37(3)( a ), 40A(4)( a ) or 40E(1)( b ), as the case may be; [Act 39 of 2023 wef 01/04/2023] ( c ) a reference in this section to the revocation of a certificate or letter is a reference to the revocation of such approval; ( d ) a reference in this section to the date of a certificate or letter is a reference to the date of such approval; and ( e ) a reference in this section to the provisions of this Act ceasing to have effect in relation to a certificate or letter is a reference to the provisions of this Act ceasing to have effect in relation to the approved loan, the approved royalties, fees or contributions, or the approved activity. [99 [11/2016] [Act 39 of 2023 wef 01/04/2023]


document_id: eeirita-1967
provision_ref: s61A
chapter: PART 10 - MISCELLANEOUS PROVISIONS
section: 61A
title: Revocation of tax incentive and recovery of tax
content:
61A. —(1) Where under any provision of this Act, the Minister may, upon the contravention of a provision of this Act or a term or condition of an approval, certificate or letter — ( a ) remove any activity, agreement, arrangement, product or other matter whatsoever from a certificate or letter; or ( b ) revoke any approval, certificate or letter, with effect from a date determined by the Minister, that date may be a date that is before the date on which notice of the removal or revocation is given (including a date before the date of contravention). (2) Without limiting any other powers of the Comptroller under this Act, where — ( a ) a tax incentive is, at the time of its application, validly applied to any income of a person derived on any date under this Act; and ( b ) due to subsequent circumstances, such application of the tax incentive ceases to be valid, the Comptroller may, subject to section 74 of the Income Tax Act 1947, make an assessment or additional assessment upon the person of an amount that appears to the Comptroller to be necessary to counteract any profit obtained by the person as a result of the application of the tax incentive ceasing to be valid. (3) For the purpose of subsection (2)( b ), the subsequent circumstances include any of the following that occurs after the tax incentive is applied: ( a ) any grant of approval, or any certificate or letter, under which the tax incentive was validly applied, is revoked as from the date the income was derived, or the relevant expenditure was incurred (as the case may be) or any earlier date; ( b ) any activity, agreement, arrangement, product, or other matter whatsoever pursuant to whose inclusion in an approval, certificate or letter the tax incentive was validly applied, is removed from the approval, certificate or letter as from the date the income was derived, or the relevant expenditure was incurred (as the case may be) or any earlier date; ( c ) the tax incentive that was validly applied, being an exemption from tax, is substituted with a concessionary rate of tax as from the date the income was derived or any earlier date; ( d ) the tax incentive that was validly applied, being a concessionary rate of tax, is substituted with a higher concessionary rate of tax as from the date the income was derived or any earlier date. (4) Parts 17 and 18 of the Income Tax Act 1947 (relating to assessments, objections and appeals) and any rules made under that Act apply, with the necessary modifications, to an assessment or additional assessment under subsection (2) as if it were a notice of assessment under those Parts. (5) In this section — ( a ) a tax incentive is any of the following: (i) an exemption from tax; (ii) a concessionary rate of tax; (iii) a deduction or an allowance; ( b ) a tax incentive that is an exemption from tax is applied to a person’s income if any income of the person becomes exempt from tax; ( c ) a tax incentive that is a concessionary rate of tax is applied to a person’s income if tax is levied on any income of the person at that rate; and ( d ) a tax incentive that is a deduction or an allowance is applied to a person’s income if it is allowed or made for any expenditure in ascertaining the person’s chargeable income. (6) This section does not apply where section 35(3), 39(4), 40D(5)( b )(ii) or 40G(1) applies. [Act 39 of 2023 wef 29/12/2023]


document_id: eeirita-1967
provision_ref: s62
chapter: PART 10 - MISCELLANEOUS PROVISIONS
section: 62
title: Provisions of Income Tax Act 1947 not affected
content:
62. Except as otherwise provided, nothing in this Act exempts any company to which a certificate has been issued under the provisions of this Act from making any return to the Comptroller or from complying with the provisions of the Income Tax Act 1947 in any respect so as to establish the liability to tax (if any) of the company. [100


document_id: eeirita-1967
provision_ref: s63
chapter: PART 10 - MISCELLANEOUS PROVISIONS
section: 63
title: Action of officers no offence
content:
63. Nothing done by an officer of the Government in the course of the officer’s duties is deemed to be an offence under this Act. [101


document_id: eeirita-1967
provision_ref: s64
chapter: PART 10 - MISCELLANEOUS PROVISIONS
section: 64
title: Regulations
content:
64. —(1) The Minister may make such regulations as may be necessary or expedient for the purpose of carrying out the provisions of this Act. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters: ( a ) any matters required by this Act to be prescribed; ( b ) the procedure relating to applications for and the issue of certificates under this Act; ( c ) the terms and conditions to be imposed on any certificate issued under this Act; ( d ) the furnishing of such information, including progress and sales reports and statements of accounts, as may be required for the purposes of this Act. (2A) Where — ( a ) any service or activity is prescribed as a qualifying activity for the purposes of section 16 or 20, or any project is prescribed for the purposes of section 43(1)( m ); ( b ) any approval is granted under section 17(3), 21(3) or 43(2) (as the case may be) in connection with the prescription mentioned in paragraph ( a ); and ( c ) thereafter regulations made under this section remove such prescription, the regulations may further provide for all or any of the following: ( d ) for the approval to continue in force, and for this Act to continue to apply in relation to the approval, despite the removal of the prescription; ( e ) for any modification of any provision of this Act or the Income Tax Act 1947 in its application pursuant to paragraph ( d ) (including for any such provision to cease to apply); ( f ) for any other matter of a saving or transitional nature. [Act 41 of 2024 wef 25/12/2024] (3) The Minister may in writing authorise any person or authority to prescribe such forms as are required to be or may be prescribed under this Act. (4) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette . [102


document_id: eeirita-1967
provision_ref: s65
chapter: PART 10 - MISCELLANEOUS PROVISIONS
section: 65
title: Saving
content:
65. Despite the repeal of Parts IIIA, IV, XI and XIIIA by the Economic Expansion Incentives (Relief from Income Tax) (Amendment) Act 2004, the repealed Parts IIIA, IV, XI and XIIIA continue to apply to and have effect on any approved company approved before and its qualifying activities conducted before 28 April 2004 as if that Act had not been enacted. [103


document_id: eessa-1992
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Council” means the Advisory Council established under section 11; “Edusave account” means an Edusave account maintained under section 7(3); “Edusave Pupils Fund” means the Edusave Pupils Fund established under section 7(1); “Edusave Qualifying Ages” means the range of ages prescribed by regulations to be the Edusave Qualifying Ages; “Edusave Scheme Administrator” means the public officer appointed under section 7(2) by the Minister to administer the Edusave Pupils Fund on the Minister’s behalf; “Endowment Fund” means the Edusave Endowment Fund established under section 3(1); “junior college”, in relation to a member of the Edusave Pupils Fund, means any of the following which is not a prescribed school: ( a ) a junior college that is organised and conducted directly by the Government to provide full‑time pre‑university education; ( b ) a junior college that is established by a person other than the Government and is conducted by a committee of management in receipt of a grant‑in‑aid from the Government to defray the costs and expenses of conducting the junior college to provide full‑time pre‑university education; ( c ) a centralised institute that provides full‑time pre‑university education; ( d ) any other educational institution providing full‑time pre‑university education that may be prescribed as a junior college; “parent” includes a legal guardian; “prescribed school”, in relation to a member of the Edusave Pupils Fund, means — ( a ) an institution for providing full-time primary or secondary education, being — (i) a school organised and conducted directly by the Government; (ii) a school specified in any order made under section 3(1) of the School Boards (Incorporation) Act 1990; or (iii) a school that is established by a person other than the Government and is conducted by a committee of management in receipt of a grant‑in‑aid from the Government to defray the costs and expenses of conducting the school; or ( b ) any other educational institution that may be prescribed as a prescribed school; “PSE account” means a PSE account maintained under section 19(3); “PSE Fund” means the Post-Secondary Education Fund established under section 19(1); “PSE Scheme Administrator” means the public officer appointed by the Minister to administer the PSE Fund on behalf of the Minister; “schooling” means enrolled as a full-time student of a prescribed school or a junior college; “sibling”, in relation to a member of the PSE Fund, means the natural sibling, stepsibling or adopted sibling of the member. [33/2014] (2) For the purposes of this Act, the time at which an individual attains a particular age expressed in years is the relevant anniversary of the date of that individual’s birth, except that where an individual was born on 29 February in any year, then, in any subsequent year that is not a leap year, the anniversary of the birth of the individual is deemed to occur on 1 March of that subsequent year. [33/2014]


document_id: eessa-1992
provision_ref: s3
chapter: PART 2 - EDUCATION ENDOWMENT SCHEME
section: 3
title: Establishment of Edusave Endowment Fund
content:
3. —(1) For the purposes of this Act, a fund called the Edusave Endowment Fund is established, into which must be paid — ( a ) all capital moneys provided by Parliament pursuant to this Act; ( b ) all the income of that Fund; ( c ) any moneys which the Minister has authorised under section 7(5) to be transferred from the Edusave Pupils Fund; and ( d ) all donations to that Fund made under section 15, and out of which must be met all payments authorised to be made under this Act. [33/2014] (2) The Minister is responsible for the administration of the Endowment Fund, and all moneys belonging to that Fund may be deposited in any bank and invested in any investment authorised under the Financial Procedure Act 1966. (3) The Endowment Fund is deemed to be a Government fund for the purposes of any written law.


document_id: eessa-1992
provision_ref: s4
chapter: PART 2 - EDUCATION ENDOWMENT SCHEME
section: 4
title: Capital money of Endowment Fund
content:
4. —(1) On 1 January 1993, the Government must pay into the Endowment Fund as capital money a sum determined by the Minister for Finance out of moneys provided by Parliament. (2) For the purposes of this Act, the Minister for Finance may, from time to time, pay into the Endowment Fund such sums of capital money as the Minister may determine out of moneys to be provided by Parliament. (3) The capital moneys of the Endowment Fund must not be used for any purpose other than for investment. (4) Where at any time there is a permanent diminution of the capital moneys of the Endowment Fund, the Minister must, before paying out the income of the Endowment Fund, make good the diminution from the income of the Endowment Fund.


document_id: eessa-1992
provision_ref: s5
chapter: PART 2 - EDUCATION ENDOWMENT SCHEME
section: 5
title: Mode of payment out of Endowment Fund
content:
5. A payment must not be made out of the Endowment Fund unless the payment is authorised by the Minister.


document_id: eessa-1992
provision_ref: s6
chapter: PART 2 - EDUCATION ENDOWMENT SCHEME
section: 6
title: Application of income of Endowment Fund
content:
6. —(1) The income of the Endowment Fund may be paid out and applied for all or any of the following purposes: ( a ) for the provision of grants to any educational institution prescribed for the purposes of this paragraph, to enable it to enhance its quality of teaching; ( b ) for the provision of scholarships to full‑time students at any educational institution prescribed for the purposes of this paragraph; ( c ) for the provision of contributions and additional income to the Edusave Pupils Fund; ( d ) for any other purposes as are authorised under this Act or as may be prescribed. [33/2014] (2) For the purpose of providing additional income to the Endowment Fund, the Minister for Finance may, from time to time, pay to that Fund such sum of money as Parliament may provide, and such sum of money is not regarded as forming any part of the capital moneys of that Fund.


document_id: eessa-1992
provision_ref: s7
chapter: PART 2 - EDUCATION ENDOWMENT SCHEME
section: 7
title: Establishment of Edusave Pupils Fund
content:
7. —(1) For the purposes of this Act, a fund called the Edusave Pupils Fund is established, into which must be paid — ( a ) all contributions under section 9; ( b ) all the income of that Fund; and ( c ) any cash grant made by the Government, and out of which must be met all payments authorised to be made under this Act. (2) A public officer who is appointed by the Minister as the Edusave Scheme Administrator must administer the Edusave Pupils Fund on behalf of the Minister, and all moneys belonging to that Fund may be — ( a ) deposited in any bank approved by the Edusave Scheme Administrator; and ( b ) invested in any securities that trustees may by any written law be authorised to invest. [33/2014] (3) The Edusave Scheme Administrator must maintain for each member of the Edusave Pupils Fund in respect of the money standing to the member’s credit in that Fund an account called the Edusave account from which withdrawals may be made under section 13 or 14. [33/2014] (4) The Edusave Scheme Administrator has the powers and must perform the duties given or imposed by this Act or directed by the Minister, and the Minister or the Edusave Scheme Administrator may by instrument in writing delegate to any person all or any of those powers and duties, except the power of delegation conferred by this subsection. [33/2014] (5) The Minister may authorise the transfer to the Endowment Fund of any moneys in the Edusave Pupils Fund which, in the Minister’s opinion, are not immediately required to meet the purposes of the Edusave Pupils Fund, and those moneys form part of the income of the Endowment Fund.


document_id: eessa-1992
provision_ref: s8
chapter: PART 2 - EDUCATION ENDOWMENT SCHEME
section: 8
title: Members of Edusave Pupils Fund
content:
8. —(1) Every individual who — ( a ) is a citizen of Singapore; ( b ) is schooling or, if not schooling, is between the Edusave Qualifying Ages; and ( c ) satisfies any other requirements that may be prescribed, is and remains, by virtue of this section, a member of the Edusave Pupils Fund until the individual’s membership ceases under section 14. [33/2014] (2) An individual who is a member of the PSE Fund or, if the member of the PSE Fund is below 21 years of age, any parent of that member, may apply to the Edusave Scheme Administrator for the individual to resume membership of the Edusave Pupils Fund. [33/2014] (3) The Edusave Scheme Administrator may approve an application under subsection (2) for an individual who is a member of the PSE Fund to resume membership of the Edusave Pupils Fund, with effect from a date specified by the Edusave Scheme Administrator, if the Edusave Scheme Administrator is satisfied that the individual — ( a ) is a citizen of Singapore; ( b ) is schooling; ( c ) had ceased to be a member of the Edusave Pupils Fund by virtue of section 14(6) read with section 14(1)( a ), ( b ) or ( c ); and ( d ) satisfies any other requirements that may be prescribed. [33/2014] (4) An individual who resumes membership of the Edusave Pupils Fund under this section may continue to be a member of the PSE Fund in accordance with Parts 3A and 3B. [33/2014] (5) An application under subsection (2) must be supported by any documents or evidence that the Edusave Scheme Administrator may require. [33/2014]


document_id: eessa-1992
provision_ref: s9
chapter: PART 2 - EDUCATION ENDOWMENT SCHEME
section: 9
title: Contributions and interest to be paid to members of Edusave Pupils Fund
content:
9. —(1) It is lawful for the Edusave Scheme Administrator to pay out of the income of the Endowment Fund to any member of the Edusave Pupils Fund, in each year, a single contribution of an amount prescribed for that year if, at any time during that year, the member — ( a ) is a full-time student of a prescribed school and receiving primary or secondary education; or ( b ) is between the Edusave Qualifying Ages, if the member is not schooling at any time during that year. [33/2014] (2) The Edusave Scheme Administrator must also cause to be paid out of the income of the Edusave Pupils Fund to the Edusave account of each member of that Fund, at intervals determined by the Edusave Scheme Administrator, interest at the rate referred to in subsection (6) on the amount standing to the member’s credit in the member’s Edusave account. [33/2014] (3) The amount of contribution that a member of the Edusave Pupils Fund is eligible to receive under subsection (1) in a year is as follows: ( a ) for an individual who becomes such a member for the first time under section 8(1), the amount prescribed for the member (or the class to which the member belongs) on the date the individual first becomes a member; ( b ) for any other member, the amount prescribed for the member (or the class to which the member belongs) on the qualifying date in the year prescribed for that member (or the class to which that member belongs). [33/2014] (4) Unless the member dies, the amount of contribution that a member of the Edusave Pupils Fund is eligible to receive under subsection (1) in a year must be paid — ( a ) not later than 31 January in that year in the case of a member mentioned in subsection (1)( a ); ( b ) not later than 30 April in that year in the case of a member mentioned in subsection (1)( b ); or ( c ) despite paragraphs ( a ) and ( b ), as soon as practicable after the date the individual first becomes a member of the Edusave Pupils Fund in the case of a member mentioned in subsection (3)( a ). [33/2014] (5) Where a member of the Edusave Pupils Fund belongs to 2 or more classes on the qualifying date prescribed for any year, the Edusave Scheme Administrator may, for the purposes of this section, determine that the member belongs for that year to the class the Edusave Scheme Administrator considers appropriate; and the Edusave Scheme Administrator’s decision is final. [33/2014] (6) Interest is payable on the amount standing to the credit of every member of the Edusave Pupils Fund in his or her Edusave account at such rate per annum as the Minister may from time to time determine. (7) The Minister may, by order in the Gazette , prescribe for each year — ( a ) different amounts of contributions for different members or different classes of members of the Edusave Pupils Fund; and ( b ) different qualifying dates in the year for different members or different classes of members of the Edusave Pupils Fund for the purposes of subsection (3)( b ). [33/2014]


document_id: eessa-1992
provision_ref: s10
chapter: PART 2 - EDUCATION ENDOWMENT SCHEME
section: 10
title: Cash grant
content:
10. The Edusave Scheme Administrator must also pay to the Edusave account of any member of the Edusave Pupils Fund such cash grant as the Government may make, if the member satisfies the eligibility criteria the Government determines for that cash grant. [9A [33/2014]


document_id: eessa-1992
provision_ref: s11
chapter: PART 2 - EDUCATION ENDOWMENT SCHEME
section: 11
title: Advisory Council
content:
11. —(1) An Advisory Council is established for the purposes of advising the Minister as to the application of the income of the Endowment Fund. (2) The Council consists of at least 3 but not more than 7 members to be appointed by the Minister. (3) The Minister must appoint one of the members as chairperson. (4) The Schedule has effect with respect to the Council. [10


