In Singapore, when a company (assignor) leases a property to a tenant (assignee) through a process called a tenancy assignment, the party responsible for paying the Goods and Services Tax (GST) and the administrative fee for stamping depends on the specific terms of the assignment agreement. Here's a breakdown of the typical scenario:
**Who Pays What (Generally):**
* **GST:**
* **Exempt Supply:** If the original lease agreement between the company (assignor) and the property owner was exempted from GST (usually for non-commercial properties), then the tenancy assignment would also likely be exempt. In this case, no GST would be payable.
* **Taxable Supply:** If the original lease agreement was subject to GST (typically for commercial properties), then the tenancy assignment might also be considered a taxable supply. In this case, the **assignee (tenant)** would typically be responsible for paying the GST on the assignment consideration (usually a fee paid by the assignee to the assignor for taking over the lease).
* **Stamp Duty:** There is no stamp duty payable on tenancy assignments in Singapore.
**Admin Fee:**
* **Administrative fees** associated with stamping the assignment agreement are typically borne by the **assignee (tenant)**. However, the specific agreement might state otherwise.
**Importance of Reviewing the Agreement:**
It's crucial to carefully review the tenancy assignment agreement to determine who is responsible for paying the GST and the administrative fee. The agreement should clearly state these details.
**Recommendation:**
* If you're unsure about the specifics in your situation, it's advisable to consult a tax professional or a conveyancing lawyer specializing in tenancy assignments. They can provide specific guidance based on the terms of your agreement and current tax regulations.
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