§ 93 — Repayment of tax

93.—(1) If it is proved to the Comptroller’s satisfaction that any person for any year of assessment has paid tax, by deduction or otherwise, in excess of the amount payable under the provisions of this Act, such person is entitled to have the amount so paid in excess refunded.(2) Every claim for repayment under this section must be made within 6 years (if the year of assessment to which the claim relates is 2007 or a preceding year of assessment) or 4 years (if the year of assessment to which the claim relates is 2008 or a subsequent year of assessment) from the end of the year of assessment to which the claim relates.

(3) This section does not operate to extend any time limit for appeal or validate any objection or appeal which is otherwise invalid or authorise the revision of any assessment or other matter which has become final and conclusive.

(4) [Deleted by Act 19 of 2013]

(5) Where through death, incapacity, bankruptcy, liquidation or other cause a person who would, but for such cause, have been entitled to make a claim under subsection (1) is unable to do so, the person’s executor, trustee or receiver (as the case may be) is entitled to have refunded to the executor, trustee or receiver for the benefit of such person or the person’s estate any tax paid in excess within the meaning of subsection (1).

(6) The Comptroller must certify any amount repayable under this section and must cause repayment to be made immediately.

(7) Where an order or decision by the Board of Review or by any court gives rise to any claim for a refund of tax, the Comptroller may, where the Comptroller has given written notice of the Comptroller’s intention to appeal against such order or decision, withhold the refund until such time as the appeal is finally determined.

(8) Where a refund is withheld under subsection (7), the Comptroller must pay interest at the rate mentioned in subsection (9) with effect from the date of the order or decision appealed against on the amount of refund ultimately determined to be due as a result of any appeal.[2/2016]

(9) In subsection (8), the rate of interest is —(a)

for any part of the period for which interest is payable (called in this subsection the interest period) up to and including 30 June 2016, 5% per annum;

(b)

for any part of the interest period that is later but falling before the publication date, the average of the prime lending rates for such months in the previous year as are prescribed by rules made under section 7;

(c)

for any part of the interest period falling on or after the publication date but within the period between 1 January and 31 March (both dates inclusive) of any year before 2025, the prime lending rate for the year that is 2 years before that year; [Act 30 of 2023 wef 30/10/2023]

(d)

for any part of the interest period falling on or after the publication date but within the period between 1 April and 31 December (both dates inclusive) of any year before 2024, the prime lending rate for the previous year; or[Act 30 of 2023 wef 30/10/2023]

(e)

for any part of the interest period falling on or after 1 April 2024, the rate as prescribed by rules made under section 7.[Act 30 of 2023 wef 30/10/2023]

[34/2016]

(10) In subsection (9), “publication date” means 29 December 2016.[34/2016]

(11) In subsection (9)(c) and (d), the prime lending rate for any year is the average of the prime lending rates for the months of October, November and December of that year, or such other months prescribed by rules made under section 7 in their place, of such financial institution or financial institutions in Singapore as the Minister may determine, rounded to the nearest 0.5%, or another percentage prescribed by rules made under that section in its place.[34/2016]

(12) Rules made under section 7 for the purpose of subsection (9)(e) may prescribe different rates for different parts of the interest period.[Act 30 of 2023 wef 30/10/2023]

—(1) If it is proved to the Comptroller’s satisfaction that any person for any year of assessment has paid tax, by deduction or otherwise, in excess of the amount payable under the provisions of this Act, such person is entitled to have the amount so paid in excess refunded.

(2) Every claim for repayment under this section must be made within 6 years (if the year of assessment to which the claim relates is 2007 or a preceding year of assessment) or 4 years (if the year of assessment to which the claim relates is 2008 or a subsequent year of assessment) from the end of the year of assessment to which the claim relates.

(3) This section does not operate to extend any time limit for appeal or validate any objection or appeal which is otherwise invalid or authorise the revision of any assessment or other matter which has become final and conclusive.

(4) [Deleted by Act 19 of 2013]

(5) Where through death, incapacity, bankruptcy, liquidation or other cause a person who would, but for such cause, have been entitled to make a claim under subsection (1) is unable to do so, the person’s executor, trustee or receiver (as the case may be) is entitled to have refunded to the executor, trustee or receiver for the benefit of such person or the person’s estate any tax paid in excess within the meaning of subsection (1).

(6) The Comptroller must certify any amount repayable under this section and must cause repayment to be made immediately.

(7) Where an order or decision by the Board of Review or by any court gives rise to any claim for a refund of tax, the Comptroller may, where the Comptroller has given written notice of the Comptroller’s intention to appeal against such order or decision, withhold the refund until such time as the appeal is finally determined.

(8) Where a refund is withheld under subsection (7), the Comptroller must pay interest at the rate mentioned in subsection (9) with effect from the date of the order or decision appealed against on the amount of refund ultimately determined to be due as a result of any appeal.[2/2016]

(9) In subsection (8), the rate of interest is —(a)

for any part of the period for which interest is payable (called in this subsection the interest period) up to and including 30 June 2016, 5% per annum;

(b)

for any part of the interest period that is later but falling before the publication date, the average of the prime lending rates for such months in the previous year as are prescribed by rules made under section 7;

(c)

for any part of the interest period falling on or after the publication date but within the period between 1 January and 31 March (both dates inclusive) of any year before 2025, the prime lending rate for the year that is 2 years before that year; [Act 30 of 2023 wef 30/10/2023]

(d)

for any part of the interest period falling on or after the publication date but within the period between 1 April and 31 December (both dates inclusive) of any year before 2024, the prime lending rate for the previous year; or[Act 30 of 2023 wef 30/10/2023]

(e)

for any part of the interest period falling on or after 1 April 2024, the rate as prescribed by rules made under section 7.[Act 30 of 2023 wef 30/10/2023]

[34/2016]

(10) In subsection (9), “publication date” means 29 December 2016.[34/2016]

(11) In subsection (9)(c) and (d), the prime lending rate for any year is the average of the prime lending rates for the months of October, November and December of that year, or such other months prescribed by rules made under section 7 in their place, of such financial institution or financial institutions in Singapore as the Minister may determine, rounded to the nearest 0.5%, or another percentage prescribed by rules made under that section in its place.[34/2016]

(12) Rules made under section 7 for the purpose of subsection (9)(e) may prescribe different rates for different parts of the interest period.[Act 30 of 2023 wef 30/10/2023]