Property Tax Act 1960 - Singapore Statutes Online (2024)

PART 4

APPEALS

Valuation Review Board

23.—(1)For the purpose of hearing appeals from the decisions of the Chief Assessor of which notice has been given under section20A, or of the Comptroller of which notice has been given under section22 or 38, in the manner provided in this Act, there is to be a Valuation Review Board consisting of not more than 30members appointed from time to time by the Minister.

[14/2020]

(2)A person is not eligible to be appointed or to remain a member of the Board if the person—
(a)is a Member of Parliament;
(b)is an undischarged bankrupt;
(c)has been sentenced to imprisonment for a term exceeding 6months and has not suffered such punishment or received a free pardon; or
(d)has a mental disorder and is incapable of managing himself or herself or his or her affairs.

[21/2008]

(3)The members of the Board hold office for such period as may be determined by the Minister and are eligible for re‑appointment.

(4)The Minister may at any time remove any member of the Board from office without giving any reason.

(5)The Minister may appoint from among the members of the Board—
(a)a Chairperson of the Board; and
(b)such number of Deputy Chairpersons of the Board as the Minister thinks fit.
(6)The office of a member of the Board becomes vacant—
(a)on the death of the member;
(b)if the member becomes disqualified to remain a member of the Board;
(c)if the member is adjudicated a bankrupt; or
(d)if the member resigns his or her office and the resignation has been accepted by the Minister.

(7)On the death, disqualification, bankruptcy, resignation or revocation of the appointment of the Chairperson, any Deputy Chairperson or any member of the Board, the Minister may appoint a new Chairperson, Deputy Chairperson or member (as the case may be) who is to hold office for so long as the Chairperson, Deputy Chairperson or member in whose place he or she is appointed would have held office.

(8)Every member of the Board is deemed to be a public servant within the meaning of the Penal Code1871.

Salaries, fees and allowances to members

24.The Chairperson, Deputy Chairpersons and other members of the Board are to be paid such salaries, fees and allowances as the Minister may determine.

Secretary to Board

25.The Minister may appoint a secretary or secretaries to the Board and such other officers and employees of the Board as may be necessary.

[23/2010]

Committee of Board

26.—(1)All the powers, functions and duties of the Board may be exercised, discharged and performed by any committee of the Board consisting of at least 3 members of the Board, at least one of whom must be the Chairperson or a Deputy Chairperson of the Board.

(2)Any act, finding or decision of any such committee is deemed to be the act, finding or decision of the Board.

(3)The secretary must, from time to time, summon such members of the Board as may be nominated by the Chairperson to constitute a committee of the Board for the purposes of giving effect to the provisions of this Part and it is the duty of such members to attend at the times and places specified in the summons.

[23/2010]

(4)Meetings of a committee must be presided by—
(a)where the Chairperson of the Board is a member of the committee, the Chairperson; and
(b)where the Chairperson of the Board is not a member of the committee and—
(i)there is only one Deputy Chairperson of the Board on the committee, the Deputy Chairperson; or
(ii)there is more than one Deputy Chairperson of the Board on the committee, such Deputy Chairperson as the Chairperson may determine.
(5)Where the Chairperson or any Deputy Chairperson of the Board (as the case may be) is absent from any meeting of a committee at which he or she ought under subsection(4) to be presiding, the meeting must be presided by—
(a)where there is only one Deputy Chairperson who is a member of the committee present, the Deputy Chairperson;
(b)where there is more than one Deputy Chairperson who is a member of the committee present, such Deputy Chairperson as may be chosen by the Deputy Chairpersons present; and
(c)where there is no Deputy Chairperson who is a member of the committee present, such member as may be chosen by the members present.

Person presiding at meetings of Board

27.Meetings of the Board must be presided by—
(a)the Chairperson of the Board;
(b)in the absence of the Chairperson of the Board—
(i)where there is only one Deputy Chairperson of the Board present, the Deputy Chairperson; and
(ii)where there is more than one Deputy Chairperson of the Board present, such Deputy Chairperson as may be chosen by the Deputy Chairpersons present; and
(c)where neither the Chairperson of the Board nor any Deputy Chairperson of the Board is present, such member of the Board as may be chosen by the members present.

Casting vote

28.All matters coming before the Board or a committee of the Board at any meeting must be decided by a majority of votes of the members present and, in the event of an equality of votes, the Chairperson of the Board, the Deputy Chairperson of the Board or such other member as may be presiding (as the case may be) has a second or casting vote.

Notice of appeal

29.—(1)Any owner who desires to appeal under section20A or 22 must lodge with the secretary to the Board, within the time allowed therefor, a written notice of appeal in duplicate in the prescribed form.

[23/2010]

(2)Every such notice of appeal must state—
(a)the grounds on which the appeal is based;
(b)the amendments desired; and
(c)whether the appellant desires to be heard in person or by an agent authorised by the appellant in writing.

(3)A notice of appeal must state an address to which communications may be sent.

(4)The Chairperson may, in his or her discretion and on such terms as he or she thinks fit, permit any person to proceed with an appeal even though the notice of appeal was not lodged within the time allowed therefor, if it is proved to the satisfaction of the Chairperson that the person was prevented from lodging the notice in due time owing to absence from Singapore, sickness or other reasonable cause, and that there has been no unreasonable delay on the person’s part.

Copy of notice to be sent to Chief Assessor, etc.

30.—(1)On receipt of a notice of appeal, the secretary must immediately forward one copy thereof to the Chief Assessor or the Comptroller, as the case may be.

[23/2010]

(2)On receipt of the copy of the notice of appeal, the Chief Assessor or the Comptroller may require the owner giving the notice of appeal to furnish such particulars in respect of the property concerned as the Chief Assessor or the Comptroller (as the case may be) may consider necessary.

31.[Repealed by Act 33 of 2002]

Time and place for hearing of appeals

32.—(1)On receipt of the notice of appeal, the secretary must, as soon as may be thereafter, appoint a time and place for the hearing of the appeal and must give 14days’ notice thereof both to the appellant and the Chief Assessor or the Comptroller, as the case may be.

[23/2010]

(2)The appellant or an agent authorised by the appellant in writing and the Chief Assessor or the Chief Assessor’s representative, or the Comptroller or the Comptroller’s representative (as the case may be) must attend at such times and places as may be appointed for the hearing of the appeal.

(3)Where it is proved to the satisfaction of the Board that, owing to absence from Singapore, sickness or other reasonable cause, any person is prevented from so attending, the Board may postpone the hearing of the appeal for such reasonable time as it thinks necessary.

(4)Upon such day or days as are appointed under subsection(1), the Board must hear such representations as may then be made and record the evidence given both by the appellant or the appellant’s authorised agent and by the Chief Assessor or the Chief Assessor’s representative, or the Comptroller or the Comptroller’s representative (as the case may be) at such hearing.

Powers of Board

33.—(1)The Board, after hearing an appeal, may—
(a)in the case of an appeal made under section20A, dismiss the appeal or direct that such amendments as it thinks proper be made to the Valuation List for the year in respect of which the appeal was made and for the ensuing years; and
(b)in the case of an appeal made under section22, confirm, vary or rescind the decision of the Comptroller.

[38/2017]

(2)The costs of an appeal to the Board under this Act are in the discretion of the Board and are to either be fixed by the Board or, on the order of the Board, be assessed by the Registrar, Deputy Registrar or an Assistant Registrar of the Supreme Court or the State Courts in accordance with the regulations made under section72(1).

[5/2014]

[Act 31 of 2022 wef 01/11/2022]

(3)Where the Board awards costs against an appellant, such costs are to be added to any tax payable by the appellant and are recoverable as if the costs were part of the tax payable in respect of the property.

(4)Where under subsection(1) the Board directs such amendments as it thinks proper to be made to the Valuation List and the tax in respect of the property concerned is less than the amount paid by the appellant to account of tax in respect of that property, the Board may order the Comptroller to pay interest, from the date the decision of the Board is first pronounced, at such rate as may be prescribed on the difference between the amount paid to account of tax and the tax payable in respect of that property.

[23/2010]

Hearing of appeal in absence of member of Board

33A.—(1)Despite anything to the contrary in this Part, if, in the course of any appeal, or, in the case of a reserved judgment in any appeal, at any time before delivery of the judgment, any member of the Board hearing the appeal resigns or is unable, through illness or any other cause, to continue to hear or to determine the appeal, the remaining members of the Board (if 2 or more) must hear and determine the appeal unless the parties object.

[38/2017]

(2)In subsection(1), the Board is deemed to be duly constituted for the purposes of the appeal despite the resignation or inability to act of a member.

[38/2017]

(3)Despite section28, in a case under subsection(1)—
(a)where there are more than 2 members of the Board remaining, the appeal is to be decided in accordance with the decision of the majority of the remaining members and, if there is an equality of votes, the Chairperson of the Board or, in the Chairperson’s absence, the member presiding has a second or casting vote; or
(b)where there are only 2 members of the Board remaining, the appeal is to be decided in accordance with the unanimous decision of both members.

[38/2017]

(4)The appeal must be reheard—
(a)if the parties do not consent to the proceedings continuing before the remaining members of the Board under subsection(1); or
(b)if the appeal is heard or determined by only 2remaining members of the Board and they are unable to reach a unanimous decision.

[38/2017]

Board’s decision to be final

34.Except as provided in section35, the decision of the Board is final.

Appeals to General Division of High Court

35.—(1)Any owner dissatisfied with the decision made by the Board may, within 21days of the date of the decision, appeal to the General Division of the High Court.

[40/2019]

(2)An appeal under subsection(1) must be by way of rehearing.

(3)The Chief Assessor or the Comptroller (as the case may be) may, within 21days of the date of the decision of the Board, appeal to the General Division of the High Court from the decision of the Board upon any question of law or of mixed law and fact.

[40/2019]

(4)Until such appeal has been determined by the General Division of the High Court, the tax in respect of the property concerned is payable and continues to be payable and recoverable in the manner provided in this Act.

[40/2019]

(5)Such appeal must be brought in the manner provided by the Rules of Court.

(6)The General Division of the High Court, after hearing an appeal, may—
(a)dismiss the appeal or direct that such amendments as it thinks proper be made to the Valuation List; and
(b)confirm, vary or rescind any order made by the Board.

[40/2019]

Property Tax Act 1960 - Singapore Statutes Online (2024)

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