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Transitional Rules for GST Rate Change

The common questions
GST rate will increase from 3% to 5% from 1 January 2003. Are you ready? Are you aware of the various transitional rules? Do you know how long this transitional period will last? Have you asked the following questions:

When I issue a tax invoice in January 2003 for goods delivered in December 2002, should I charge GST at 3% or 5%?
Can I charge 3% GST if I issue the tax invoice in December 2002?

General rules for charging and reporting GST
Under section 11 of the GST Act, GST traders are required to charge and report GST in their GST returns at the earliest of the three events:

goods are delivered or services are performed;
a tax invoice is issued; or
payment is received.

However, if delivery of goods or services happens first and a tax invoice is issued within 14 days of the delivery, the tax invoice date is the time to charge and to report the GST in the GST return (14–day rule).

The transitional rules
To assist GST traders to get ready for the change, the Inland Revenue Authority of Singapore (IRAS) issued a publication called ‘GST Rate Change - A Guide For GST-Registered Businesses’.

In addition to the general rules set forth above, the IRAS has set out specific rules on what GST rate to use and when GST is to be reported in the GST return in the transition to the new rate. In a nutshell, transitional rules apply under the following situations:

Delivery of goods and services is made or payment is received before 31 December 2002, but tax invoice is issued after 31 December 2002 – you can charge GST at 3%.
Tax invoice is issued before 31 December 2002, but delivery of goods and services is made and payment is fully or partially received after 31 December 2002 – you need to issue a credit note and a new tax invoice at 5% GST by 14 January 2003.
Cheques presented to banks by 3 January 2003 will be considered as payment received before 1 January 2003.

Tips for businesses in certain industries
Traders of goods - Summary of transitional rules which are applicable to traders of goods:

 
Goods delivered
and sold in
December 2002
Goods delivered and payment received in
January 2003
Tax invoice issued
In Jan 2003 within 14 days of delivery
In Jan 2003 after 14 days of delivery
In Dec 2002
GST rate
3%
3%
3%
Time to report in GST return
Jan 2003
Dec 2002
Dec 2002
Credit note required
No
No
Yes, to be issued by 14 Jan 2003 to cancel the 3% GST invoice issued in Dec 2002
New tax invoice required
No
No
Yes, to be issued by 14 Jan 2003 to charge 5% GST
Time to report adjustments
N/A
N/A
Jan 2003

Restaurants, lounges and 24-hr convenience stores
31 Dec 2002 - A great time to usher in the New Year for most except retailers who open past midnight. To ease accounting work and minimise disruptions to affected operators, the IRAS has given a concession that 3% GST will be charged until 7 a.m. on 1 January 2003. The cash registers and accounting systems have to be ready to calculate 3% GST in this manner.
Professionals (e.g. lawyers and accountants)
A consultant takes up an engagement in November 2002 for which his services extend over to April 2003. Under normal circumstances, the consultant will issue a tax invoice to the client upon completion of the engagement. That is, the consultant will issue a 5% GST invoice in April 2003. However, it is advisable that the consultant does a valuation on his services performed before 1 January 2003. With such documentary evidence, the consultant could charge GST at 3% on the part of services performed before 1 January 2003 when he issues the tax invoice in April 2003.
Real estate - Scenarios that are applicable to real estate management offices:

 
Maintenance Fee for
December 2002 to February 2003
Tax invoice issued In Dec 2002 In Dec 2002
Full payment received In Dec 2002 In Jan 2003
GST rate 3% 3%
Time to report in GST return Dec 2002 Dec 2002
Credit note required No Yes, to be issued by 14 Jan 2003
to cancel the 3% GST invoice issued in Dec 2002 for Jan & Feb 2003 maintenance fee
New tax invoice required No Yes, to be issued by 14 Jan 2003
to charge 5% GST on Jan & Feb 2003 maintenance fee
Time to report adjustments N/A Jan 2003

Contractors
A contractor will collect a retention sum in 2005 for a long-term construction project that stretches from September 2001 to August 2004. It is advisable that the contractor conducts a valuation on that part of work performed before 1 January 2003. This is because the retention sum relating to that portion of work performed before 1 January 2003 is subjected to 3% GST and not 5%.

Summary
During this transitional period, businesses may want to look at every aspect relating to their billing operations and design a plan so as to prepare for a smooth transition and compliance with the GST Act.

Year published : 2002


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