Seller's Stamp Duty (SSD) for Industrial Property

SSD is payable on all industrial properties and industrial lands that are bought on or after 12 Jan 2013 and sold within the holding period.

Determining SSD Liability

Whether SSD is payable and the rate will depend on:
A. The type of property sold or disposed
B. The date of purchase or acquisition 
C. The date of sale or disposal
D. Rates applicable

     

    A. The Type of Property Sold or Disposed

    The type of property is industrial property

    B. The Date of Sale or Disposal

    Date of Sale / Disposal refers to:

    1. Date of execution of the Option to Purchase by the buyer to the seller’s offer to sell
    2. Date of Sale and Purchase Agreement signed by the seller or buyer
    3. Date of Transfer where (1) and (2) are not applicable

    C. The Date of Purchase or Acquisition

    1. If an industrial property is purchased on or after 12 Jan 2013, SSD is payable if the industrial property is sold within the holding period.
    2. If an industrial property owner sells/ disposes of the property which he/ she previously acquired via the following manner:

      Manner of Acquisition  Date of Acquisition
       Transfer pursuant to divorce

      1. Marriage date: or

      2. Date of original purchase of property by the ex-spouse;

      whichever is later

      Transfer pursuant to inheritanceDate of original purchase by the deceased
    3. For non-industrial property that is re-zoned to industrial or the permitted use is changed to industrial, the date of acquisition of the property will be the date of rezoning or the change of use.

     

    D. Rates Applicable

    The rates of SSD payable on industrial property purchased on and after 12 Jan 2013 and sold within certain duration, are summarized in the table below:

    Date of Purchase / Acquisition or Date of Change of Zoning / UseHolding PeriodSSD Rate (on the actual price or market value, whichever is higher)
    On or after 12 Jan 2013Up to 1 year15%
    More than 1 year and up to 2 years10%
    More than 2 years and up to 3 years5%
    More than 3 yearsNo SSD payable

     Notes

    1. Where land is sold with existing building, the liability for SSD will be based on the zoning of the land in the Master Plan.
    2. SSD payable to be rounded down to the nearest dollar.

     

    Rates and Computation

    SSD is computed by applying the requisite SSD rate on the higher of the selling price or the market value of the property as at the date of sale or disposal.

    Where parts of the property were acquired by the vendor at different times, the holding period for each part acquired will be computed from the respective acquisition date.  

    Where the sale or disposal comprises only a partial interest in the industrial property, SSD payable will be based on the higher of the selling price or market value of the partial interest.

    Since the property is bought after 12 Jan 2013 and sold within one year, SSD is payable at 15% on the selling price of $2,000,000, assuming this is a fair market value.

    Computation of SSD
    15% of $2,000,000$300,000
    SSD$300,000

     

    For sale of vacant land, SSD will be charged based on the Master Plan zoning. As the land is zoned "B1 - White", SSD will be payable based on the land value attributable to industrial purpose based on the minimum GFA set aside for B1 use.

    The value of the industrial component may be determined by a professional valuer. Alternatively, an application for adjudication can be submitted to IRAS.

    Since the property is sold within 2 years of purchase, Mr B is liable to pay SSD at 10% on the selling price or value apportioned to the industrial component. If the value of the land attributed to the industrial component is, say $50mil, SSD may be computed as follows:

    Computation of SSD
    10% of $50,000,000$5,000,000
    SSD$5,000,000

     

     

    Exemptions from SSD for Industrial Properties under the Stamp Duties Act

    SSD for industrial properties is exempt for sellers / transferors under the following scenarios:

    1. Disposal of properties by the public authorities (e.g. HDB and JTC) in exercising their statutory functions and duties
    2. Compulsory acquisition of properties by the Government under the Land Acquisitions Act
    3. Disposal of properties arising from bankruptcy proceedings or involuntary winding up
    4. Re-possession of properties by HDB and JTC
    5. Disposal of property to JTC due to the following schemes:
      •     JTC Enbloc Redevelopment Scheme
      •     JTC Selective Buyback Scheme
    6. The sale of any industrial properties by an industrial property developer that the developer constructed or caused to be constructed in the course of carrying on industrial property development

    Administration

    1. Payment of SSD can be done via the e-Stamping Portal.
    2. For details on payment modes, you may wish to refer to How to Pay Stamp Duty.
    3. Law firms representing the sellers are required to fill in a Seller’s Stamp Duty for Residential Properties Declaration Form. The completion of this form is mandatory.
    4. The completed form need not be submitted to IRAS. However, law firms are advised to retain the original declaration forms for at least 5 years from the date of sale/ disposal of the property as IRAS may request for it for audit purposes.

     

     

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