Publication Type

Journal Article

Version

acceptedVersion

Publication Date

8-2020

Abstract

The Singapore jurisprudence appears to have adopted the proposition that the rebus sic stantibus principle is to be disapplied where section 2(3) of the Singapore Property Tax Act (“PTA”) (the “Statutory Formula”) is applied. This article argues that this proposition perhaps ought to be stated more precisely. The principle is only disapplied where section 2(3)(b) is applied because it would run contrary to the statutory fiction imposed by section 2(3)(b) that the land is to be valued as if it were vacant land. There should be no disapplication of the principle where section 2(3)(a) is applied due to the absence of any such conflict. In practice, the Chief Assessor and courts appear to have implicitly recognised this. However, the recent Swiss Club case might have departed from this by disapplying the principle when section 2(3)(a) was applied. This provides an opportune moment to clarify the underlying proposition and its rationale.

Keywords

Tax Law, Property Tax, Statutory Fictions, Taxation

Discipline

Asian Studies | Business Organizations Law | Tax Law

Research Areas

Corporate, Finance and Securities Law

Publication

Singapore Academy of Law Journal

Volume

32

Issue

2

First Page

1

Last Page

32

ISSN

0218-2009

Publisher

Singapore Academy of Law

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