Taxability of gains arising from the disposal of an asset – the presence of “an intention to trade”Featured

It is trite that income tax in Singapore is only chargeable on gains of an income nature, and not on gains of a capital nature. The question in every case is whether a gain is income or capital in nature. The paramount factor in determining whether a gain is of a capital or revenue nature is the objectively-determined intention of the taxpayer (i.e. whether he has an intention to trade) at the time of acquisition of the asset.

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A case of bad timing?

The taxpayer in GBI v Comptroller of Goods and Services Tax [2016] SGGST 1 was held accountable for deemed output tax on an immovable property upon the cessation of its GST registration based on the price of the property in a sale days after the GST deregistration. Could this have been avoided?

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