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journo
14-09-22, 17:23
There is no reason to prohibit decoupling or the purchase of private dwellings by minors

Sep 12, 2022

In July, we spoke with industry analysts on the allure and potential difficulties of investing in real estate outside of the United States. A push element in the shape of additional buyer's stamp duty was brought up in our conversations, and it brought to my mind why some residents choose to invest in real estate outside of the country (ABSD). When purchasing a second property in Australia, Singapore citizens are subject to an ABSD tax rate of 17%.

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Many residents could choose to own properties in this country rather than elsewhere in the world if there were a method to avoid paying ABSD. If both members of a couple are Singapore citizens or permanent residents (PRs), decoupling may be able to assist reduce the transaction expenses associated with purchasing a second home in Singapore.

De-coupling

Consider the following scenario: a couple, both of whom are citizens of Singapore, owns a private residence in Singapore valued at S$2 million in equal shares but it is the only property that each partner possesses in the country. In the event that the husband transfers his fifty percent portion of the property to the wife, the wife will be required to pay Buyer's Stamp Duty (BSD) on the fifty percent share of the property. BSD due is S$24,600.

After that, the spouse will not have to pay any ABSD on the acquisition of his first residential property if he chooses to make the purchase of a private home in this location. The BSD that must be paid is $44,600 when the spouse purchases a residence that costs S$1.5 million.

In the previous illustration, the couple will end up with two private dwellings that are registered under each of their own names, and they will be responsible for a total of S$69,200 in stamp duties.

The aforementioned couple would be required to pay BSD of S$44,600 and ABSD of S$255,000 if they did not do anything with the shared ownership of their S$2 million house and instead jointly purchased a S$1.5 million home. In this scenario, the couple will own two residences in their joint names and will be responsible for paying a total of S$299,600 in stamp duties.

The uncoupling of the ownership of the current home from the purchase of the new one results in a savings of stamp duties equal to S$230,400.

Due to the decoupling of homeownership, it is now possible for a couple to own not just one property for owner occupation but also one home solely for financial purposes. The couple is able to generate consistent income from rental of the investment home and has the opportunity to monetize the asset for capital gains thanks to the investment property.

Because Singapore has such a limited supply of land, perhaps the primary purpose of residences should be for owner occupation. This would assist in keeping residents in Singapore. Should a married couple that consists of two citizens be permitted to possess two private dwellings without being subject to the ABSD?

The ownership of homes by minors

A family of citizens that consists of a couple with two children who are minors can all reside in one private property and possess a total of three additional private properties here for investment without being subject to ABSD. This is because the children are considered to be dependents of the parents. It is possible for a family that consists of a couple with two children, all of whom have PR status, to acquire four residences in this country under different names and pay the ABSD rate of 5% on each transaction.

Any time a residence is transferred into a living trust after May 9, 2022, a tax known as the ABSD (Trust) in the amount of 35 percent will be assessed. When a house is transferred into any living trust, the ABSD (Trust) can be repaid for a trust as long as the trust satisfies specific standards. This is despite the fact that the ABSD (Trust) is paid up front. The amount of the refund is determined by subtracting the ABSD (Trust) rate from the ABSD rate that is associated with the profile of the beneficial owner who has the highest applicable ABSD rate.

All of the beneficial owners of the home must be identifiable persons in order to qualify for a refund, and beneficial ownership of the home must have been vested in all of the beneficial owners prior to the property being transferred into the trust. In addition, the beneficial ownership cannot be changed or withdrawn, nor can it be made subject to any conditions that may arise in the future.

In a nutshell, an ABSD reimbursement in its whole should be available to a trust that purchases a first private residence for a kid who is a citizen of the United States.

According to the statistics provided by the Urban Redevelopment Authority, the prices of privately owned homes in this area increased by 10.6 percent in 2021 compared to the previous year, and they increased by 4.2 percent between the fourth quarter of 2021 and the second quarter of 2022. Recent releases of new private homes have been met with robust demand from buyers; for example, the AMO Residence in Ang Mo Kio virtually sold out of all of its available apartments on the first day of its opening in July.

It's possible that policies need to be tightened in order to reduce the demand for homes and stop prices on homes from getting ahead of the realities of the economy. Should it be made more expensive for married couples who are U.S. citizens or permanent residents to own numerous residences in total? Should persons who are younger than 21 not be allowed to own homes or should they be barred from doing so?

Despite this, the current system appears to be equitable, as the transaction costs incurred by citizens and PRs purchasing their first home are significantly less than those incurred by other groups of buyers, such as citizens and PRs purchasing second or multiple homes, or non-PR foreigners purchasing any home. It's possible that preserving the current rules for first-time homebuyers, which set the ABSD at 5% for permanent residents but at zero for citizens, is the best course of action.

In light of the fact that the divorce rate is not negligible, married couples who are financially able to do so may find that having two residences in their own names gives them a greater sense of safety. Gifting a house to a kid can be seen by some parents and guardians as a way to leave a lasting legacy and to reinforce the ties that bind their family together. Additionally, some parents may believe that they are moving forward the passing of an inheritance if they provide their minor kid with a house now rather than leaving money to the youngster as part of their estate after the parents pass away.

Taxes on real estate

The property tax rate for all properties that are occupied by anyone other than the owner will increase from 10 to 20 percent in the coming years, first to 11 to 27 percent on January 1, 2023, and then to 12 to 36 percent on January 1, 2024. Homes that cost more to purchase are subject to tax rates that are higher.

As we move forward, we should explore levying property taxes that are even higher and more progressive on residences that are not occupied by the owner in order to assist the government in funding growing expenditures for health care and other requirements. A decrease in the desirability of real estate as an investment, which may be accomplished by raising property taxes, is another strategy that can assist reduce the demand for housing and prevent prices from skyrocketing.

It should be possible for local families to own numerous homes at a reasonable cost, but non-owner occupied homes should be subject to a significant increase in the yearly property tax rate. This should be done to discourage the habit of owning many homes and to favour owner-occupants.