In March 2017, there were two important amendments to the Stamp Duties Act (SDA), duty on share transfers and duty on property sale and purchase through company.

The speaker gave an update on Section 22(1)(b) of the  SDA with regards to the nuances on the application of the new amendment on the stamp duty on contract and agreement for transfer of shares. One needs to be cautious on the incidence of the duty when executing the share sale agreements. An interesting point that was brought up for discussion was, whether the transfer of a foreign company share is exempt.  It is uncertain at this juncture and cases are being presented to IRAS for consideration as it arises.

A new Section 23 was introduced to close a gap on the acquisition and disposal of residential properties which are held by company. In situation where the property holding company transfers the residential property, an additional conveyancing duty is imposed. The additional conveyancing duty rate for the seller is at 12% and for the buyer is at 15%. With the new additional conveyancing duty rates, one needs to be careful in planning for acquisition and disposal of residential property held in company.

The speaker also shared an interesting case involving a transfer of property by a charitable purpose trust. The case shared is  Zhao Hui Fang and Ors v COSD (2017 SGHC 105). This case involved the imposition of additional buyer stamp duties when the charitable trust transferred the residential property. The High Court deliberated on the concept of beneficial ownership in a context of a trust and held that charitable trusts were trusts for purposes and not for persons. The High Court held that trustees of a charitable purpose trust were not an “entity” within the definition set out in the SDA and the registration of the charitable purpose trust as a charity did not give the trust an institutional character and hence the trust is not an “entity” for purposes of the SDA.

 

Click HERE to view event photos.

Contributed by: 

Ms. Goh Seow Chee

Managing Director, Wealth Advisory Group; J.P. Morgan

 

This lunchtime talk was very well attended by 70 practitioners and other wealth management professionals who were keen to understand more about tax planning opportunities and considerations for Greater China clients.

Mr John Wong, a partner with PWC who specialises in helping high net-worth individuals (particularly the Chinese and Taiwanese) in tax planning and wealth/business succession, elaborated on the opportunities as well as the difficulties in devising planning for the Greater China clients. He has also clarified some common misconceptions that clients had on trusts and other wealth management arrangements and illustrated some real life examples during the talk.

As there was not much time for Q&A, not unexpectedly, many people gathered around him after the presentation. Overall, the attendees gave very positive feedback on the talk.

 

Click HERE to view event photos.

Contributed by: 

Mr Ashley Ong

Executive Director, Lion Trust (Singapore) Limited

 

 

Events Calendar

April 2018
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 1 2 3 4 5
May 2018
S M T W T F S
29 30 1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31 1 2
June 2018
S M T W T F S
27 28 29 30 31 1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
Go to top