Knowledge Base

Budget

Budget 2003

BUDGET 2003 – GEAR ECONOMY TO TAKE ON CHANGE

Highlights of the Budget 2003 is especially extracted for you in this section. It is equipped with detailed information concerning your business, enabling you to keep yourself up-to-date to the latest economic news and newly implemented rules and regulations of the Government.  The changes are in tune with the ERC’s recommendation report and show the Government’s determination to restructure the economy.  It also allows you to find out how your business had been affected by the new Budget announcement.  From there, you would then be able to formulate strategic plans to make essential changes and leverage on it to your company’s advantage.  Below are the five strategies that the Government has undertaken to keep Singapore’s economy to move ahead. 

It includes:

  • The key highlights of Budget 2003 in two languages (English version / Chinese version);
  • Maiden issue of Registry of Companies and Businesses’ (RCB) legal digest;
  • The Economic Review Committee’s (ERC) report of recommendations for Singapore;
  • Information on Severe Acute Respiratory Syndrome (SARS) and its relief packages;
  • Inland Revenue Authority of Singapore (IRAS) One-Tier Corporate Tax System and Group Relief Scheme;
  • Advantages of investing in audit (English version / Chinese version);
  • Our corporate services; and
  • Relevant links.

Budget 2004

BUDGET 2004

The 2004 budget includes a comprehensive package of measures to create a ‘best for business’ environment that supports creativity and enterprise, and attract talent and investments to Singapore.


 


     

Budget 2005

Prime Minister and Minister for Finance, Mr Lee Hsien Loong delivered the 2005 Budget Speech in Parliament on 18 February 2005. This year's budget is set in the background of in improved economy arising from a strong economics growth of 8.4% in Financial Year 2004. As a result, the fiscal position offers a budget surplus in contrast to last year's deficit.

The Budget focused on promoting an economy brimming with opportunities and on fostering a stronger sense of community among Singaporeans.

In view of the economic recovery, the Prime Minister also announced an additional 3% cut in the budget caps for all ministries except the Ministry Of  Defence for Financial Year 2005 on top of the 2% cut last year.


Companies with S44 balance @ 31.12.2005 can remain under th eimputation system up to 2 years. You can utilised S44 balance to pay franked dividends.

  • Imputation System Vs. One Tier Corporate Tax System


Updated January 2006

Budget 2006

For Budget highlights 2006, please download here.

Budget 2009

Business Tax Initiatives

Tax Changes

Summary

FAQ/ Related Information

Jobs Credit

The Jobs Credit Scheme is introduced to encourage businesses to preserve jobs in the downturn. The first quarterly payment will be paid on 31 Mar 2009, and subsequent ones in Jun, Sep, and Dec 2009. Employers do not need to apply for the Jobs Credit.  The Jobs Credit is automatically granted to eligible employers and computed based on CPF contribution data.

 

More information on Jobs Credit
-
Calculator FAQ 

Corporate income tax rate cut

Corporate income tax rate will be reduced from 18% to 17% to help maintain Singapore's competitiveness. The rate cut will take effect from YA 2010. 

 

 

Enhancement of Carry-Back Relief for YA 2009 and YA 2010

Unutilised trade losses and capital allowance for YA 2009 and YA2010 can be carried back to set off against Assessable Income of 3 immediately preceding YAs up to a limit of $200,000.

e- Tax Guide on Enhanced Carry-back Relief System 

Related information
For Companies 
For Sole Proprietors/Self-employed 

Enhancement of Tax Deduction for Capital Expenditure Incurred on Renovation or Refurbishment Works

Businesses that incur qualifying Renovation & Refurbishment expenses in the basis periods for YA 2010 and YA 2011 can deduct such expenses in one year instead of over three years, subject to the cap of $150,000 for each relevant three-year period.

Related information
Allowable business expenses:
 
for Companies 
 - 
for Sole Proprietors/Self-employed 

Revised e-Tax Guide (23 Feb 09) on Deduction for Expenditure Incurred on Renovation and Refurbishment Works 

Extension of the Tax Exemption Scheme for New Start-up Companies to Companies limited by Guarantee Companies Limited by Guarantee (CLGs) will be allowed to qualify for the tax exemption scheme for new start-up companies effective from YA2010. Excerpt from Budget Speech Annex 

Related information
Tax Exemption Scheme for New Start-up companies 
Tax Framework for facilitating Corporate Amalgamations A new tax framework for qualifying amalgamations will be introduced. Consultation Paper on Proposed Tax Framework for Corporate Amalgamations 

Excerpt from Budget Speech Annex 
 
Enhancement of Capital Allowance Granted In Respect of Plant or Machinery Acquired for YA2010 and 2011 Accelerated write-down of capital  allowance (CA) will be  allowed on  plant and machinery  acquired in the basis periods for YA 2010 and  YA 2011.  CA is computed based on 75% of the capital expenditure for the first YA and 25% of the capital expenditure for the second YA.
Excerpt from Budget Speech Annex  
Accelerated Writing - Down Allowance for Acquisition of Intellectual Property for Media & Digital Entertainment Content The writing-down period for writing-down allowance under section 19B will be reduced from 5 years to 2 years in respect of acquisition cost of intellectual property rights for Media & Digital Entertainment (MDE) content incurred by an approved MDE company or partnership, subject to conditions.
Excerpt from Budget Speech Annex 
Extension and Enhancement of Withholding Tax Exemption for Maritime Industry Under the Block Transfer Scheme (BTS), WHT exemption can be granted in respect of interest payable on a loan taken by a shipping enterprise from a lender outside Singapore to acquire a Singapore-flagged ship.  This WHT exemption is for ships registered with the Singapore Registry of Ships (SRS) on any date from 1 Jan 2009 to 31 Dec 2013.
Excerpt from Budget Speech Annex 
Enhancement of Fund Management Incentive Scheme Existing fund management incentive schemes under sections 13C, 13CA and 13R will be enhanced by introducing an enhanced tier. The enhanced tier is open to fund vehicles in the form of companies, trusts and limited partnerships.
Excerpt from Budget Speech Annex 
 
Enhancement of the List of Specified Income and Designated Investment for Certain Tax Incentive Schemes The tax exemption schemes for foreign investors and qualifying resident funds, tax incentive schemes for  approved trustee companies and financial sector incentive companies are enhanced by expanding the list of specified income and designated investment.
Excerpt from Budget Speech Annex 
 
Review and Enhancement to Current FSI-HQ Scheme A series of enhancements will be made to the FSI-HQ scheme. Excerpt from Budget Speech Annex 
 

Extension and Enhancement for the Commodity Derivatives Trading(CDT) Scheme A series of enhancements will be made to the CDT scheme.  Excerpt from Budget Speech Annex 
 

Extension of Tax Deduction for Provisions Made under MAS Notices The tax deduction for collective impairment provisions made by banks, merchant banks or finance companies under MAS Notices 612, 811 and 1005 will be extended for a further 3 years, subject to conditions. Excerpt from Budget Speech Annex 
 

Tax Exemption of Foreign - Sourced Income Received in Singapore Resident  non-individuals and resident partners of partnerships in Singapore will enjoy tax exemption on all foreign-sourced income that was earned/ accrued on or before 21 Jan 2009 and remitted to Singapore during the period from 22 Jan 2009 to 21 Jan 2010 (both dates inclusive).
Excerpt from Budget Speech Annex 

Related Information
Exemption of foreign sourced income for companies 
Enhancement of tax deduction on donation Tax deduction will be increased for donations made in 2009 to Institutions of a Public Character and other approved recipients (such as approved museums, prescribed schools etc.) from double to 2.5 times.
 

Extracted from IRAS

Updated Aug 2009

Good & Services Tax (GST)

Good & Services Tax (GST)

Tax Changes

Summary

FAQ/Related Information

Changes to the GST treatment of aircraft and aircraft related supplies

The following GST changes will take effect from 1 Apr 2009:
(i) Revision to the definition of ‘qualifying aircraft’;
(ii) Extension of  zero-rating relief to cover the sale, maintenance and repair services of aircraft components or systems as long as they form part of a qualifying aircraft;
(iii) Import GST suspension for approved aerospace players under a new scheme.

 

Changes to the GST treatment of aircraft and aircraft related supplies

Suspension of GST on goods temporarily removed from Zero GST or Licensed Warehouse for Auctions and Exhibitions

With effect from 1 Apr 2009, GST will be suspended on the following:
(i) Temporary removal of goods stored in a Zero GST or Licensed Warehouse for auctions or exhibitions, provided the goods are returned to the warehouse after the auction or exhibition; and
(ii) Sale of these goods at the auction or exhibition, provided the goods are returned to the warehouse subsequently.

Details of the above tax changes will be released by Singapore Customs by Mar 2009.

 

Suspension of GST on goods temporarily removed from Zero GST or Licensed Warehouse for Auctions and Exhibitions 

Recovery of GST for qualifying funds

Qualifying funds managed by prescribed fund managers will be allowed to recover a substantial portion of the GST incurred on prescribed expenses incurred from 22 Jan 2009 to 31 Mar 2014 (both dates inclusive). 

Details of the GST remission will be released by MAS by Apr 2009.

 

GST for specific industries - Funds

Extracted from IRAS

Updated Aug 2009

Individuals Tax

Individuals Tax

Tax Changes

Summary

FAQ/Related Information

Personal Income Tax Rebate for Resident Individuals

All resident individual taxpayer will be given a one-off income tax rebate of 20%, up to a cap of $2,000, for the tax payable for Year of Assessment (YA) 2009.

One-off personal tax rebate for YA2009.

Flexible GIRO arrangements

Taxpayers* who have lost their jobs in 2008 or 2009, for example due to retrenchment, can approach IRAS to re-work their GIRO instalment plans (up to a maximum of 24- month instalments) for tax assessed in YA 2009. Please call 1800 356 8300 for assistance.

* Except for foreigners where tax clearance is applicable. The requirement to settle all outstanding taxes before leaving Singapore remains unchanged.

 

Removal of Income Tax on Net Annual Value

Income tax on net annual value of all residential properties will be removed from YA2010.

 

Tax Exemption of Foreign - Sourced Income Received in Singapore

Tax exemption will be granted to all foreign-sourced income earned/ accrued outside Singapore on or before 21 Jan 2009 to resident non-individuals and resident partners of partnerships in Singapore and received in Singapore during the period from 22 Jan 2009 to 21 Jan 2010.

Extract from the Budget Speech Annex 

e-Tax Guide on Temporary Liberalisation of Income Tax Exemption for Foreign-Sourced Income Received in Singapore from 22 Jan 2009 to 21 Jan 2010 
 

Enhancement of tax deduction on donation

Tax deduction will be increased for donations made in 2009 to Institutions of a Public Character and other approved recipients (such as approved museums, prescribed schools etc.) from double to 2.5 times.

Extracted from IRAS

Updated Aug 2009


Property Tax

Property Tax

Tax Changes

Summary

FAQ/ Related Information

40% Property Tax Rebate for Owner-Occupied Residential Properties

Owner-occupied residential properties will be granted a rebate of 40% on the property tax payable (after existing rebates) for calendar year 2009.

e-Tax Guide on Property Tax Rebate ( Residential) 

FAQ 

Related information
-How much property tax do I need to pay?
-How is my property tax computed?

 

40% Property Tax Rebate for Commercial and Industrial Properties

Owners of commercial and industrial properties will be granted a rebate of 40% on the property tax payable for calendar year 2009.

e-Tax Guide on Property Tax Rebate (Commercial and Industrial) 

FAQ 

Related Information
How is my property tax computed? 
How much property tax do I need to pay?  
What is property tax? 
If you sell your property

 

Property Tax Deferral for Land Approved For Development for Businesses

Business owners may apply for property tax deferral for land approved for development if they satisfy the eligibility criteria. The period of the property tax deferral shall be from 22 Jan 2009 to 21 Jan 2011.

e-Tax Guide on Property Tax Deferral 

FAQs 

Application form 

Related Information
What is property tax 
When to pay 
Property Tax Deferral for Land Approved for Development (Budget 2009)

Deferment of Increase in Assessment Rate for Hotel Rooms

The increase in rate from 20% to 25% of gross room receipts with effect from 1 January 2009 will be deferred for 1 year. The rate for 2009 will remain at 20% of gross room receipts.

 

e-Tax Guide for Hotel Owners and Operators 

Extracted from IRAS

Updated Aug 2009

IRAS Circular

MCST

Accounting consideration

In general, the following should be performed before the start of the new financial year’s accounts:

  • Browsing through the minutes of last AGM or EGM or any council minutes for matters of any financial importance, e.g:
    • Increase of insurance coverage
    • Additional levy
    • Approval of major repairs and maintenance
    • Increase of monthly contractual fee for certain expenses
    • Release of certain money
  • Any management point recommended by auditors need to be cleared
  • Opening balances should agree to the last financial year’s audited accounts in addition
  • Accounts should always be updated periodically and supported with relevant schedules
  • If possible, budgets are to be prepared and incorporated into the financial statements
  • Hard copy of accounts should include all transactional entries and essential financial statements filed in month sequence

Review and Interpretation of Financial Statements

  • Balance Sheet Items
    • Fixed Assets
      • do not capitalise small fixed asset items
      • depreciation should be consistently applied
      • major expenditure should be minuted and approved
    • Accounts receivable
      • course of action taken for long o/s receivable
      • SP aging report should segregate type of funds receivable
      • Late interest levied correctly
      • Treatment of late interest waivers
      • Council normally queries on increase in SP balances
    • Bank/Fixed Deposit Balances
      • Normally, higher balances are better, but this may not be the case when funds are tied up in SP balances
      • Higher funds may be due to contracted expenses not paid i.e. accrued expenses are also higher
      • Bank balances may contain an element of SF reserves, therefore TRY not to encroach on different fund
      • To review bank reconciliation
    • Prepayments
      • Usually insurance but may include other expenses, licenses
    • Other Creditors and Accruals
      • Normally for operating expenses
      • May include SG expenditure not paid but incurred
      • Major expenditure NOT incurred but contracted/committed must be disclosed in the accounts (NOT to be accrued)
      • Long outstanding items can be written off provided it is resolved, if material

    Income

    • Normally, constant income is expected
    • F must be correctly accounted for and pay particular attention when rates are revised just after the AGM.
    • Late Interest
      • S42 (10)(b) of the Act, …if contribution is not paid within 30 days, it shall bear interest at the rate determined by MC, …unless MC determines that unpaid contributions shall bear no late interest.
      • Late interest normally not an issue unless rate charged is abnormally high. The base for computation is either 360 or 365 days.
      • Beware of cases of late interest waivers. Situations would not arise unless when SP talks among themselves and find out that the other SP had late interest waived whereas his was not.
      • In addition, there must be a correlation between late interest charged and SP balances due.

    Expenditure

    • The accounts department must not duplicate work when producing schedules to both auditors and property management staff.
    • When entering data, the description of the transaction should be clear enough to be used as a schedule itself.
    • Therefore, when schedules are needed, the accounting system should produce the required I & E schedule, without the accounts staff having to prepare them on a spreadsheet separately.

    Caution:

    Expenditure list should NOT include

    • Entertainment
    • Legal fee, unless not relating to SP arrears recovery
    • Large repair and maintenance expenses, unless it is an old estate
    • Professional fees always require clarification



    Updated January 2006



Knowledge Base: 

Audit consideration

BMSMA 2004, S45(1) of the Act states that “the books and accounts of the Management Corporation in respect of each financial year of the management corporation shall be audited”


Insight of what an auditor looks for when examining the accounts of an MCST

  • All resolutions of meetings that affecting the financial position should be carried out.
  • Assets, liabilities, income and expenditure items are fairly stated in the accounts.
  • Any material variances in income and expenditure items between last and current year are justified.
  • Cash-flow position
  • Long outstanding material items needs to clear up.
  • Segregation of Sinking Fund expenditure and Repair and Maintenance expenditure
  • Contingencies i.e. legal cases AGAINST MCST to be disclosed
  • Events occurring after year-end which affects audit year “Post Balance Sheet review”
  • Does the Management Council regularly review the financial statements?
  • Are set procedures adhered to? Action to recover unpaid contributions
  • Ensure carrying out of resolutions that affect financial position
  • Are internal controls adhered to:
  • Approval limits for expenditure
  • Calling for tenders/quotations for major expenditure
  • Reviewing quotations
  • Disclosure of interest in contracts
  • Every member of council who directly or indirectly, interested in a contract or proposed contract with the Management Corporation shall as soon as practicable after the relevant facts have come to his knowledge declared the nature of his interest at a meeting of the council (BMSMA, S 60))


Necessary documentation required for an annual audit

  • Financial statements, including Trial Balance, Balance Sheet, Income and Expenditure Statement, Bank Reconciliation.
  • General and sub-ledgers print out by month and total
  • Supporting Schedules for Balance Sheet and Income & Expenditure items,Draft tax computation information
  • All original supporting invoices /receipts attached with payment vouchers, bank statements, etc.
  • Notices of Assessment and correspondence between the MA and IRAS
  • Legal correspondence file
  • Minutes of meetings, AGM, Council Meeting and Sub-council meetings
  • Other correspondent files
  • Services Contracts


Fees

Generally, fees are charged on time based or pre-agreed base on number of units and kind of project. Generally, commercial is higher than the residential because
the issues are more complex.


Materiality Concept

Materiality is a relative factor, and any decision to set a materiality limit will require a “base” factor to be selected.

Basically, do not worry too much about “small things”! We do not want to waste resources checking why telephone expenses increased from $135 to $150.

Instead, we would require an explanation on why utilities have increased from $25,000 to $35,000 – was there a leaking pipe during the year ?

Then again, this applies only to “normal MCSTs” – other council members may want to question everything under the sun!


Management Letters

This is the result of our review of the financial statements and deriving some comments and recommendation for improvements.

Our review is not solely for the purpose of detecting fraud but is a “by-product” of our audit. We therefore cannot guarantee that our audit has uncovered all weaknesses or fraud.

The following are typical comments:

  • Management/Sinking fund in deficit
  • Long outstanding items in the accounts e.g. accruals, unidentified renovation deposits.
  • Unpresented cheques dated more than 6 months still unpresented
  • Major Sinking Fund expenditure not resolved at meetings
  • Payments without authorized/supporting documents to support
  • Waiver of late interest not been approved
  • C/f balance does not tallied with b/f in new accounting year· GST not accountable for or GST Form 5 reported amount not tallied with the GL account
  • Wrong classification of expenses accounts · Legal claim not reflected in the account
  • Non-existence fixed assets not written off, and no fixed assets register is maintained and no yearly inspection is conducted
  • Lack of tax information
  • Contributions failed to comply with BMSMA 2004 S(39) (1), S(39) (2)
  • Tax over assessed



Knowledge Base: 

BMSMA 2004

Management of strata subdivided buildings

Responsibilities & Duties of Developer

Pre-formation of Management Corporation

When a development has more than 4 units and more than 2 purchasers, S16 (1) provides that the developer shall establish a maintenance fund when the TOP is issued by the Commissioner of Building Control under the Building Control Act Section 21.
Section 16 (2) provides that the maintenance fund is solely and exclusively used for:

  • Payment for audit fee, cleaning, security and other amenities
  • Repair and maintenance, and not for original installation
  • Premiums for insurance for damage by fire and other risks
  • Maintaining the common property in a state of good and serviceable repair
  • Other reasonable administrative costs incurred in daily operations e.g. utilities, licensing etc

Moneys in any maintenance fund established shall be deposited only with a licensed bank.

Section 17 states that the developer shall:

  • Be empower to collect from purchaser maintenance fees from the date of possession or expiration of 14 days from the date of notice, whichever earlier.
  • To maintain a register containing details of the development of sub-divided strata lots e.g. floor area, and details of their purchasers

Where any purchaser fails to pay maintenance fees within 28 days of the written demand served, shall constitute a debt owing to the developer and recoverable in any court of competent jurisdiction or in the Small Claims Tribunal as if the amounts are payable under a contract for the provisional of services. (S22 (1))

Post-formation of Management Corporation (S23 & (5))

Used solely and exclusively for

  • Maintain common property
  • Provide cleaning and security services
  • Maintain, repair fixtures & fittings
  • Maintain, repair sewers, pipes, wires, cables & ducts used in connection with the enjoyment of 2 or more units
  • Pay insurance premiums
  • Pay auditing fees
  • Pay all charges incurred for administration or maintenance fund and common property.

Developer's Duties ( S10 (5))

  • Keep proper books of account for moneys received & paid out of maintenance fund.
  • Appoint an auditor
  • File with Commissioner, a certified true copy of audited accounts within 28 days of accounts being audited
  • Permit Commissioner access to accounting & other records
  • Maintain a register containing
  • Proposed share value assigned to unit
    • Floor area of unit
    • Name & address of purchaser of unit
    • Name & address of solicitors acting for purchaser

Post-formation Of Management Corporation (S9(4) &(5))

Section 23 (1) implies that when a Management Corporation is constituted, the developer shall:

  • Transfer all balances of moneys in the maintenance fund previously established into an account in the name of the Management Corporation
  • Maintain proper books of accounts
  • Appoint an auditor to audit the maintenance fund till the date before the Constitution date
  • File a certified true copy of the audited report within 28 days after the audit to the Commissioner.
  • Developer exercises and performs the duties of the Management Council of the Management Corporation, until the formation of it at the 1st annual general meeting. To hold first AGM.
  • The developer is required to convene the meeting within 1 month after the end of the initial period or within 6 weeks of receipt of a request by subsidiary proprietors of not less than 1/10th of total number of lots.
  • To hand over plans and documents at the first AGM. Detailed requirements are in S(26) (4).

 

Updated January 2006

Management Corporation

Definition

The management corporation is constituted by virtue of the Land Titles (Strata) Act (Cap.158). In relation to any one or more subdivided buildings shown on a strata title plan, means the management Corporation incorporated for buildings under part IV or pursuant to any corresponding written law

Powers (S 29, 30, 31 and 38)

  • Invest moneys in Management Fund and Sinking Fund in manner permitted
    by law
  • Borrow moneys and secure repayment of any interest
  • Enter into agreement with Subsidiary Proprietor for provision of services
  • Purchase or hire personal property for use by Subsidiary Proprietor
  • Do all things reasonably necessary for the performance of its duties

Duties (S 29)

  • Control, manage and administer common property
  • Renew/replace fixtures and fittings comprised in common property
  • Effect insurance in accordance with the Act
  • Comply with any notice or order made by competent authority
  • Keep proper records
  • Keep proper accounts in respect of money received or expensed
  • Convene Annual General Meeting
  • Establish Management Fund and Sinking Fund
  • Implement decisions of Management Corporation

Audit of accounts of Management Corporation (S 45)

  • The audit of the books and accounts shall be carried out only by a person who is a public account within the meaning of the Companies Act (Cap.50).
  • The auditor shall be appointed by the management corporation at its annual general meetings or by the council within 90 days after the annual general meeting.

Statutory Restrictions on Powers (S 49)

  • Amend, add or revoke rights/obligation of one or more but not all Subsidiary Proprietors
  • Alter any common property forming part
  • Grant an easement or restrictive covenant
  • Execute a transfer of any part of common property
  • Make any contract to any person the right to use, occupy, control or manage any part of common property
  • Appoint Managing Agent for a period beyond the expiration of initial period

 

Updated January 2006

Meetings

Meetings of Management Corporation (S 26)

Within 1 month of the expiry of the initial period or within 6 weeks of the receipt of a request in writing mode by Subsidiary Proprietor of not less than 10% of total number of lots in the subdivided building, the proprietor shall convene a meeting of Management Corporation

The agenda for the meeting shall consist of:

  • Decision of extension of insurance
  • Determination of amount to be raised for management fund and sinking fund
  • Determination of members of council and to elect the council
  • Appointment of managing agent and determination of their powers and duties
  • Adoption of audited accounts of management corporation

Annual General Meeting (S 27)

  • Held in each calendar year and not more than 15 months after the holding of the last preceding AGM
  • Not holding AGM, the management corporation and every member of the council shall be hold guilty of an offence

Extraordinary General Meeting (1st Schedule, S 14))

  • Requisition of EGM should be signed by one or more persons entitled to vote in respect of one or more lots, the share value of which is at least 20% of the aggregate share value of all the lots in the subdivided building, or not less than 25% of total number of Subsidiary Proprietor of the lots in subdivided building
  • Requisition shall state the objects of the meeting
  • Meetings must be held within 14 days after date of requisition, if not, the requisitionists, representing more 50% of the total, may themselves convene a meeting subject to the expiration of 3 months from that date.

Updated January 2006

Management of fund/cash flow

Management Fund (S39 (1))

  • Management Corporation shall, at a general meeting, determine amounts reasonable and necessary to be raised by contributions for meeting actual or expected liabilities incurred or to be incurred in respect of:
    • Maintaining and keeping in a state of good and serviceable repair of common property and other property
    • The common expenses of the management corporation
    • Premiums payable on insurance policies
    • All other liabilities incurred or to be incurred during that period

Sinking Fund (S39 (2))

  • Management Corporation shall, at a general meeting, determine amounts reasonable and necessary to be raised by contributions for meeting actual or expected liabilities incurred or to be incurred in respect of:
    • Painting or treatment of common property
    • Major repairs and improvements and maintenance of common property
    • Any other liabilities approved by Management Corporation in General Meeting

Generally, excluding urgent Repair and Maintenance expenditure, all income and expenditure are pre-determined. This means that Management Fund rate is fixed and contractual expenses are known.

Management Corporation, together with Managing Agent has to work out an operation budget for Management of Funds.

If MCST does not pay major contractors on upon due and payable, expenses will be accrued as liability. In this situation, MCST will show a handsome cash balance in bank.

Therefore, large bank and or Fixed deposit balances do not always reflect the true position of the MCST unless read in conjunction with the liability accounts.

A management corporation shall not disburse any money

  • (S38 (3)) From Management Fund other than for the purpose of meeting its liability referred to in S39 (1)
  • (S38 (6)) From its Sinking Fund other than for the purpose of meeting its liability referred to in S39 (2)
  • From Management Fund to Sinking Fund otherwise than for the purpose of carrying out its powers, duties and functions under this Act or by law

Investment of surplus funds

  • Management Corporation may only invest any moneys in any manner permitted by law for the investment of trust funds (S38 (7))
  • Management Corporation may also invest any moneys in an account established with a financial institute in the name of the Management corporation.
  • It is quite safe to assume that the bank account should hold enough funds to pay off 2-3 months of contracted expenses. Any surplus on top of this amount can be invested. In reality, Fixed Deposit is common mode of investment.

Common Errors in MCST Accounting

  • Legal fees incurred/recoverable :
    • Charge according to resolution passed in the AGM.
    • Pay attention to legal costs incurred supposed to bear by the Subsidiary Proprietor should be recovered.
  • Long outstanding items
    • Long outstanding Balance Sheet items proved to be non-exist should be written off upon approval in Council Meeting
    • Example are over provision of accruals, unidentified renovation deposits, etc.

Cautions

  • Accounts should always be updated periodically and supported with relevant schedules.
  • Where necessary, budgets should be prepared and incorporate into the financial statements as a value-added service to customers.
  • All accounting & other important data must have a backup copy. Backup procedures should be practiced periodically and copies should be kept offsite.
  • You will never realize what you’ve lost until it’s gone.
  • For security reason, set access passwords to protect data.
  • Accounts staff must read ALL minutes of meetings to properly account for certain resolutions affecting the financial position e.g. certain expenditure may be resolved to be out of SF but accounts staff may post it to MF instead
  • Hard copy of accounts should include all transactional entries and essential financial statements filed in month sequence
  • Basic internal controls
  • Control on cash collections
  • All payment vouchers must be authorized and supporting documents stamped with “PAID” to avoid double payment.
  • NEVER practice use of cash cheques

 

Updated January 2006

Levies contribution

  • Contributions levied by Management Corporation in respect of each lot is payable by Subsidiary Proprietor in shares proportional to the share value of their respective lots.
  • Contributions payable by the Subsidiary Proprietor of a proposed lot shall, during the period when erection is still in progress, be reduced by 75%. (S41 (1))
  • Where a lot has been subdivided into 2 or more lots, the Management Corporation may levy additional contribution subject to approval. (S41 (3a))
  • A person who has ceased as Subsidiary Proprietor of the lot shall only be liable to pay contribution unpaid at the time he ceased as a Subsidiary Proprietor and interest accruing on unpaid contribution until such time as it is paid.
  • Contribution levied shall become due and payable to Management Corporation within 30 days, failure to do so, an interest at rate determined by Management Corporation will be imposed after the expiry of the 30 days, unless Management Corporation determines in General Meeting, no interest chargeable.
  • Contribution levied unpaid may, together with such interest due, re recovered as a debt by the Management Corporation in any Court of competent jurisdiction.

Updated January 2006

Councils

Definition

The council (S53(1))

  • Consist of number of members as determined by Management Corporation but shall not exceed 14
  • Elected at each AGM and retire after conclusion of the next AGM
  • A person shall not be eligible for election as member unless he is:
    • A Subsidiary Proprietor
    • Nominated for election by Subsidiary Proprietor who is a company
    • Immediate family of Subsidiary Proprietor
  • A Subsidiary Proprietor owning 2 or more lots of subdivided building or has nominated an individual as a candidate for election shall not be entitled to nominate other individual for election
  • Where no council exist, subdivided building will be administered by Management Corporation
 

Duties

  • Disclose any direct or indirect interest in a contract or proposed contract with the Management Corporation (S 60)
  • Shall not use his position as member of council to gain directly or indirectly an advantage for himself (S 67 (2))
  • Shall not make decision before notice in writing is given to the secretary of the council by Subsidiary Proprietor (S 58 (3))
  • Not withstanding the council holds office, Management Corporation may in General Meeting continue to exercise/perform all of the power/duties (S 58 (2))
  • Declaration of any office or property possessed which might create conflict of interest with his duties or interest as member of council (S 60 (5))

For detailed duties and responsibilities of the chairperson, secretary and treasurer of council, refer to BMSMA 2004 S(55), S(56), S(57).

 

Vacation of office (LTSA 61)
A member of council shall vacate his office as such member if:

  • Cease to be a Subsidiary Proprietor
  • A nominee of a Subsidiary Proprietor, where the Subsidiary Proprietor who nominated him:
    • Notify the Management Corporation that his office as member of council is vacated
    • Cease as Subsidiary Proprietor
  • Fail to attend 3 consecutive meetings of the council
  • Resign as member of council
  • Upon election of next AGM
  • Removed by Management Corporation by Ordinary Resolution
  • Deceased, or becomes mentally disordered person
  • Convicted by a court in Singapore or elsewhere of an offence involving fraud or dishonesty

Updated January 2006

Managing Agents

Management corporation may by resolution passed at a General Meeting, appoint a managing agent, and may by instrument in writing, delegate to him all its powers, duties and functions.

Managing Agent hold office until the conclusion of the next Annual General Meeting.

For more details on accounting and audit consideration



Updated January 2006

Insurance

Damage Policy (S69)

A contract of insurance providing in the event of the subdivided building for:

  • Destroyed or damaged by fire, lightning, explosion or any other occurrence
  • Rebuilding/replacement of the subdivided building
  • Repair/restoration of the damaged portion
  • Expense incurred on removal of debris and remuneration of architects and any other person


Workmen’s Compensation Policy (S 71 (1a))

Covers workers employed by the Management Corporation e.g. gardener, cleaners and tradesmen



Public Liability Policy (S 71 (1b))

Covers against damage to property, death or body injury occurred on common property



Subsidiary Proprietor Insurance (S 71 (1c))

Covers against possibility of subsidiary proprietor becoming jointly liable by means of a claim arising in respect of any other occurrence against which the Management Corporation pursuant to a Special Resolution, decides to insure



Errors and Ommission Insurance (S 71 (7))

Where an insurer of a Management corporation admits a claim by the Management Corporation based on an act or omission by a Subsidiary Proprietor who is a member of the Management Corporation, the insurer shall not have a right of subrogation in relation to the Subsidiary Proprietor based on that act or omission unless it was proved that the act or omission is willful.



Updated January 2006

Miscellaneous

GST Consideration

  • Normal rules apply – if MCST foresees its taxable supplies approaching and exceeding $1m, then it must register for GST. Taxable supplies include Management Fund.
  • Sinking Fund and other levies. (Levies and SF are deemed to be taxable supplies “in the course or furtherance of business”) i.e. expenditure made for enjoyment later
    • i.e. if Management Fund and Sinking Fund and levy contribution > $1m, then it must register for GST
    • MCST can also register on a voluntary basis BUT must remain registered for a minimum of 2 years. For compulsory registration, MCST can de-register anytime after registering

GST registration form can be download from the www.iras.gov.sg

Type Of Resolutions


Ordinary Resolutions

  • Determined by a simple majority by showoff hands. If poll taken, share values counted
  • Matters requiring ordinary resolution
    E.g appointing a managing agent
    Changing registered address
    Removing a council member
    Levying contributions


Special Resolution

  • Require a substantial majority
  • Means a resolution passed at duly convened general meeting against which not more than 1/4th in value of votes is cast
  • Matters requiring special resolution
    E.g making by laws
    Selling a lot to recover contributions not paid
    Accepting transfer of land to form common property


Unanimous Resolution

  • Means a resolution passed at duly convened general meeting against which no vote is cast
  • Matters requiring unanimous resolution
    E.g making a by law conferring exclusive rights of privileges in respect of common property
    Disposing of common property
    Applying for exemption from insurance

Recent Cases and Developments

A. Sweeping reforms for condo laws,
Source: The Straits Times -
11 February 2003


The new Building and Construction Authority (BCA) guidelines aim to ensure that a property owner who owes his building's management corporation massive amounts of money is not allowed to sit on its management council (MC). The proposals have been drawn up to prevent a repeat of the People's Park Centre fiasco

It also aims to review issues relating to proxy votes in management committees. If enacted, the changes will affect about 2,700 MCs here.

The key proposals offered in the discussion paper relate to the People's Park Centre case and they include :

  • Debarring members in arrears from standing from election to the management council;

  • Preventing a subsidiary proprietor from being appointed as the managing agent; and

  • Reviewing the committee structure in mixed-use developments like People's Park Centre, which had residential, office and retail units all under one roof.

However, one major bone of contention so far : That managing agents have been allowed to canvass proxy votes.

Some owners are opposed to the system of allowing proxy voting as they have personally experienced a situation during an AGM where a small number of truly concerned owners turned up, only to find that the MC has garnered enough votes when it's against the house.

Some industry players have also suggested that the BCA look into the appointment of independent directors to MCs in order to ensure professional standards are maintained.

Professionals like accountants and lawyers have no vested interests but have their professional standing to protect. When something is amiss they will serve as whistle-blowers.

The final draft of the Act is expected to be debated in Parliament by the end of the year.



B. Management Corporation to Return $370,000,
Source: The Straits Times - 7 March 2002

The MC of People's Park Complex had asked De Beers Jewellery, a property firm for $370,000 to upgrade three existing lifts and other upgrading works. But under the law, the MCST had no right to ask the money. The chief justice said that MC, when it asked for such payments, had acted beyond its powers as stated in LTSA, it had no authority to impose contributions that are to pay for getting approval to do conversion work.

So, the High Court ordered the MC to return the money De Beers Jewellery.



C. The Saga of the Water Contamination at Bukit Timah Plaza,
Source: The Strait Times - 24 August 2000

The Bukit Timah Plaza Management Corporation, which appointed an Managing Agent to manage its more than 25 years old building, failed to do an annual inspection of the water tanks and tests on the water itself, as required by the PUB. The PUB & ENV had conducted their investigations showed that the MCST had "grossly neglected its duty" to maintain the complex's water supply and internal sewage-piping systems.

After it happened, there was heated debate between the MCST and the MA over who should be held responsible.

MC council members argue that they are volunteers who have no technical expertise. MA should be held accountable if anything goes wrong, because they are the experts.

But MA claims, in turn, that although they are responsible for the day-to-day maintenance of buildings, their hands are often tied when it comes to major improvement and upgrading works. These require the MC's approval.

While the duties of managing the property can be vested in a MA, it can't seek to avoid legal responsibility. Perhaps what MC can do is to seek recovery or indemnity from the MA if it faces any legal action, commented by legal profession practised construction litigation.

The Management Corporation faces a maximum fine of $40,000, or a three months jail term, or both, if convicted.

The Bukit Timah Plaza affair has highlighted the importance of building maintenance as well as the duties and liabilities of MCST and their MA.

Subsequently, AMCIS was formed aimed to assist MCs to improve and upgrade the standard of management of properties. The Association of Property and Facility Managers (APFM) jointly developed with Spring a "Technical Reference on Performance of MA of Private Sector Residential", and Ministry of Law is reviewing the LTSA, together with the relevant authorities and the industry.



D. Developers Have No Duty To Collect Maintenance Charges  Under Sections 9 and 10 Of The Buildings And Common Property (Maintenance And Management) Act.

MCST No 1955 v HPL Properties Pte Ltd
MC Suit No 12239 of 2000/T (unreported)

IN MCST No 1955 v HPL Properties Pte Ltd, the Singapore District Court gave a useful judgment on the interpretation of s9 and s10 of the Buildings and Common Property (Maintenance and Management) Act (the "BCPMA") and defined the duty of developers to collect maintenance fund for sold and unsold units in condominium housing development projects.

Accordingly, the court accepted the defendant's submission that the developer's liability to start paying maintenance fees for the unsold units to the maintenance fund arose at the same time as that of the sold units, and not from the TOP date.

Penalty Table

S.No Circumstances BMSMA Section Maximum Maximum Continuing
Offence
Persons Liable
1 Failure to hold 1st AGM 26(9) $5000 $100 Per Day Developer
2 Failure to hand over documents,
plans etc at 1st AGM
26(9) $5000 $100 Per Day Developer
3 Failure to disclose interests 60 $5000or 1 yr imprison   Council Member
4 Using position to gain advantage 61(3) $5000 or
1 yr imprison or both
  Any Person
5 Failure to pay contributions 40(10) $10 000 $100 Per Day  Owner
6 Obstructing MC in carrying
out repair works
31(2)     Any Person
7 Disobeying Strata Titles Board's summon 96(2) $5000 or
2 yrs imprison or both
  Any Person
8 Contravening Strata Titles Board's order 120(2) $10 000 or 5 yrs
imprison or both
  Any Person
9 Supply of false or misleading information to Commissioner 127(3) $5, 000 or 6 months
imprison or both
  Any Person
10 Other offences not specified 128 $3000   Any Person

MCST Auditing

Pre-MCST Constituted – Developer to establish Maintenance Fund Account

  • Relevant Statute – “Buildings and Common Property” (Maintenance and Management) Act (Chapter 30)
  • Sect. 9 – Developer has to establish a Maintenance Fund Account upon issuance of the Temporary Occupation Permit (TOP).
  • Sect 10(5) – Developer shall keep proper books of accounts Developer shall appoint an auditor to for annual audit
  • Developer shall file the audited accounts to the Commissioner


 Necessary documentation required for an annual audit 

  • Financial Statements, ie Trial Balance, Balance Sheet, Income & Expenditure Statement
  • Supporting Schedules for all Balance Sheet items
  • Letter from Commissioner, approving rate of maintenance fund
  • Temporary Occupation Permit (“TOP”) letter
  • If developer is GST-registered, all GST forms filed during the year
  • Sale and Purchase Agreement issued by developer to buyers
  • Maintenance Fund calculation worksheet (to determine when to start charging maintenance contribution)
  • All original payment vouchers, bank statements etc
  • Notices of Assessment from IRAS, if any


MCST Formation 

  • Relevant Statute – Land Titles (Strata) Act (Chapter 158)
  • Sect 56 – Every year, the accounts of an MCST must be examined by an auditor, who shall state in his report whether the accounts present a true and fair view of the MCST’s state of affairs
  • An auditor must be an approved Company Auditor


Annual General Meetings (“AGM”) 

  • Sect 38 – An Annual General Meeting must be held once every calendar year AND must be held earlier than 15 months after the last AGM
  • Second Schedule – a notice of AGM must be accompanied by a Statement of Accounts for the MCST and a copy of the auditor’s report on the financial accounts
  • Sect 48 (1)(k) – the audited accounts to be presented at the AGM and must NOT be earlier than 3 months preceding the AGM date.


Necessary documentation required for an annual audit 

  • Financial statements ie. Trial Balance, Balance Sheet, Income & Expenditure Statement
  • Minutes of all council meetings, AGM, and EGM
  • Insurance policies
  • Supporting schedules for all Balance Sheet items
  • Contracts for all service providers, eg. security, cleaning etc
  • Legal correspondence files
  • All original payments vouchers, bank statements etc
  • Notice of Assessments from IRAS


Fees

  • Generally, fees are charged according to time spent on the audit of MCST accounts. In essence, the fees will be higher for a larger MCST development, and whether the development is residential or commercial, will also be taken into account.


Appointment of auditors

  • For enquiry, please contact our customer service division at Tel: 6533 7393 or at info@tanchan-cpa.com.
  • Download appointment of auditors in MS Word.


Relevant Links

Knowledge Base: 

Managing your estate from System and Control Perspective

Perculiarity of MCST enviroment -

  1. MA contract is renewal yearly
  2. Treasurer in office is short term
  3. Treasurer may not understand how MA managing their accounts in terms of system used and operation control
  4. MA high turnover of staffs
  5. Audit fee is low to perform a good job

Efficient and proven accounting system -

MC has it peculiarity in operation. One specific requirement is to generate recurring interest monthly for arrear of payment after 30 days, and some estate has even applied two tier of interest charge for overdue accounts after specific period, which made it even more complicated to maintain its software.

System also must be able to churn out all Interest Charge Journal showing specifically the late payment invoices and number of days charged.

An efficient system would save a lot of manpower in maintaining the accounts systematically and remotely.

Competent and responsible accounting staffs -

Data entry staff does not have to be qualified but familiar with the MC accounting function. However, competent supervisor is required to oversee the work done by entry staff is accordance to expectations. Recurring billings, late payment interest charge, month end adjustment on expired expenses; depreciation and FD interest income, read minutes and coordinate with management staffs to ensure events or matters affected the accounting transactions resolved by the management council and in AGM & EOGM are taken into accounts.

A good internal control system is required to ensure that cash transactions are duly taken in, internal audit may be required to carry spot check of petty cash and ensure record is properly maintained.

Monthly or periodically analytical review of transactions to detect expenses posting errors is required, the common error is the wrong posting of expenditure between MF & SF account.

When taking over project -

Do a financial review of account in details rather than standard audit. Transfer of balances must be reconciled with the accounts taken over, report to Management Council what course of action shall take for those accounts are ‘in suspense’. Such as all kind of refundable deposits are keeping the accounts for years, conduct stock take of all fixed assets to reconcile with items shown in accounts etc …… This exercise will ensure that the MC accounts will be cleaned up not withstanding the change of MA.

For commercial projects that generated car park and other income, review the tax assessed vs tax computations to ensure that tax is charged correctly. I propose MA to take up this proposal to protect their interest. MA can be sued if they do not exercise their professional care.

As auditors in the past 25 years, I have observed most of the MCs have overlooked this area and underestimate the complexity of this aspect. The result is paying excessive tax based on the gross income rather than the net chargeable income; overlook some of the deductible expenses not claim. Generally, not all auditors are familiar with tax in MC environment and even those have the knowledge, if they are not engaged to perform tax review and services in additional to their audit engagement, they will not be providing the extra service.

I have seen wrong tax computation made by auditors resulted the MCST has underprovided huge amount of tax in the last 6 years. Once the taxman is ‘awaken’, additional tax assessments will be revised and MC is required to pay within 30 days.

Common Errors in the accounts -

  1. Long un-presented cheque not write off
  2. c/f balance does not tallied with b/f in new accounting year
  3. Payment vouchers not authorised
  4. GST not accountable for
  5. GST Form 5 reported amount not tallied with the GL account
  6. Waiver of interest without approval
  7. Wrong classification of expenses accounts
  8. SP ledger total not tallied with GL
  9. Legal claim not reflected in the account
  10. Non-existence fixed assets not written off
  11. No fixed assets register is maintained and no yearly inspection is conducted
  12. Lack of tax information
  13. Long outstanding accruals not written off
  14. Maintenance contribution failed to revise according to resolution passed in AGM

Accounting data control -

Accounting data is perpetual and most important record of any organisation, notwithstanding the change of MA, the system should be in place and should not be changed when MA is changed. I suggest all the accredited MAs should work together to design a good software system and enter into a contract to allow data to be transferred amongst the MA when the project changes hand.

MAs or its association can join hand to develop a more comprehensive internet based system not only to provide basic accounting information, also full maintenance history and allow members to log on to check their account balance remotely. If this is achievable, it would save cost and give a lot of convenience for SP to pay their due on time. We are in the 21st century and the trend is moving towards paperless and transactions are more and more done electronically, we should take the challenge to do it now.

Accounting Services bureau -

Accounting firms can join hand to run an accounting service bureau to serve the MAs and MCs, competent CPAs to run the show would be a better choice and fair to SP. MAs are good in managing the estate, should spend more time in upgrading the value of the estate and serve the interest of the SP rather than accounting.

Plight of Auditor -

  1. Fee too low to perform a good job.
  2. MC should specific scope of audit in additional to the standards one
  3. Lack of communication between the Management Council and auditors
  4. MA given too short time to perform an audit
  5. MA failed to provide enough schedules and information for the audit

Taxation -

Failure to make sufficient provision resulted MC does not have enough reserve to pay back log tax liability

MC fail to pay tax consultancy fee resulted tax planning is not done, excessive tax is paid

Auditional Audit Coverage-

  1. Adequacy of accounting system and record maintained are operating satisfactorily.
  2. Effective Internal control over the operation
  3. Compliance with laws, regulations, mandates and contracts

Summary of a good control system-

  1. An efficient internet-based software to maintain the accounts
  2. Assign competent data entry staff to record the entry
  3. Assign competent supervisor to perform QC check and co-ordinate with the operation staff for changes that affecting accounts
  4. Engage competent external CPA who has the requisite skills to perform procedure and system audit and review tax issues
  5. Send accounting staffs for course customised to suite their needs.

Updated January 2006


Knowledge Base: 

Practice Monitoring Programme

Setting up a business in Singapore