The Importance of Due Diligence in Property Investing in Singapore
Investing in property can be a lucrative venture, but it also comes with its own set of risks and challenges....
Read More
TLDR
The 99-to-1 property ownership split in Singapore, where one spouse holds 99% and the other 1%, is used to reduce Additional Buyer’s Stamp Duty (ABSD) when buying multiple properties. However, a recent High Court case (Hillcrest Arcadia) revealed that beneficial ownership depends on actual financial contributions, not just title shares. The court indicated that intending to use this split to avoid ABSD could be unlawful, even if not penalized when the plan is unexecuted. The Inland Revenue Authority of Singapore (IRAS) may audit and impose heavy penalties if tax avoidance is detected, with no time limit on such audits. Despite this, many buyers are misled about the risks by agents or lawyers. Buyers should seek clear advice and understand the risks before using this strategy, especially as penalties have become more severe with rising property prices. Personalized, data-driven real estate guidance is recommended for making informed buy, sell, or wait decisions.
The 99-to-1 property ownership split, a strategy commonly used in Singapore for over a decade, involves one co-owner (typically a spouse) holding 99% of a property, while the other holds 1%. The underlying intention is that when funds become available for each to own a separate property, the 1% share is transferred to the other spouse. This theoretically incurs Buyer’s Stamp Duty (BSD) only on the 1% portion, allowing the spouse who now has a “zero” property count to purchase a second property without incurring Additional Buyer’s Stamp Duty (ABSD). This has long been a cornerstone of the “sell one, buy two” strategy. However, a recent High Court case has cast light on the legality of this practice.
The Hillcrest Arcadia Case:
In a notable case, a couple purchased a Hillcrest Arcadia condo with a 99:1 ownership split. The female spouse claimed 99% ownership, as stated on the title. The relationship, however, dissolved less than a year later. When the couple split, she asserted full ownership of her 99% share.
However, the High Court intervened. The judge ruled that based on the boyfriend’s financial contributions, he effectively owned 54% of the property. This decision undermined her 99% claim, emphasizing that financial contributions, not just paper titles, determine beneficial ownership.
More significantly, the case revealed a crucial detail: “The pair admitted that they planned for Mr Ngor to transfer and pay taxes on his one per cent share to Ms Wong when they decide to buy a second property. Justice Lee said there was no nefarious intention or knowledge that this would be an unlawful act. Moreover, the plan was never carried out.”
The phrase “would be an unlawful act” is key. It suggests that while the Court did not penalize them (as the plan was unexecuted), it implicitly deemed the intention to circumvent ABSD through this method as problematic.
Official Stance on 99-to-1 Splits:
A parliamentary response further clarifies the official stance: “Whether a ‘99-to-1’ arrangement involves tax avoidance depends on the facts and circumstances surrounding the specific case. Should IRAS determine that tax avoidance has occurred, it will recover the rightful amount of stamp duty from the buyers, and may impose a 50 per cent surcharge on the additional stamp duty payable. There is no statutory time limit for stamp duty audits.”
This indicates that while a 99-to-1 tenancy-in-common split is not inherently illegal, its contrived use specifically for tax avoidance can be challenged by authorities.
Lack of Clear Communication to Buyers:
Despite this nuanced reality, many buyers report being assured by property agents or lawyers that the 99-to-1 strategy carries no risks. This often leads to buyers unknowingly entering a legal “grey area,” only to face audit letters and potential penalties later.
There is a pressing need for more transparent communication regarding the risks associated with such strategies. If a 99-to-1 split is recommended, all potential risks, not just the perceived benefits, should be clearly articulated to buyers. In 2025, with higher property prices, the penalties for tax avoidance could be substantial, making it even more critical for buyers to be fully informed.
Should You Buy, Sell or Wait?
If you’re reading this, you must be trying to figure out the best course of action right now: is it the right time to buy or sell?
It’s difficult to give an exact answer since everyone’s situation is unique and what works for one person may not necessarily work for you.
I can bring you a wealth of on-the-ground experience and a data-driven approach to provide clarity and direction. From beginners to experienced investors, our top-down, objective approach will help you on your real estate journey.
I can help you by:
- Offering Strategic Real Estate Advice – I can help create a comprehensive plan to guide you through your property journey.
- Connecting Your Home with the Perfect Buyers – Through stunning visuals, an effective communication strategy, and an in-depth knowledge of the market, we’ll ensure your home is presented in the best possible way to fulfill your goals.
You May Also Like …
Why Home Staging Is Important In A Competitive Real Estate Market
Singapore's property scene has always been a powerhouse, effortlessly combining the new with the old. It's a real estate playground...
Read More
Explore the Benefits and Drawbacks of Holding an Open House!
TLDR An open house is a valuable opportunity for sellers to showcase their home to potential buyers without pressure. It...
Read More
Top 5 Differences Between OCR, RCR And CCR In Terms Of Lifestyle And Culture
Singapore, a vibrant and diverse city-state, is known for its unique blend of cultures, modern architecture, and thriving economy. The...
Read More
Top 5 Mistakes to Avoid When Investing in Singapore Real Estate
Investing in Singapore's real estate market can be a lucrative venture, given the city-state's status as a global financial hub...
Read More
5 Reasons Why Condos Are The Best Real Estate Investment in Singapore
Investing in a condo in Singapore is a popular choice for both locals and foreigners. Condominiums offer a range of...
Read More
Why It’s Not Financially Sensible to Pay Off Your HDB Flat Home Loan in Advance
TLDR When deciding whether to repay your HDB flat loan early, consider the limitations of not being able to obtain...
Read More
Top 5 : Must-Do Experiences to Make the Most of Your Singapore Trip
Singapore, a vibrant island city-state located off the southern coast of Malaysia, is a melting pot of cultures and a...
Read More
Purchasing Older HDB Resale Flats: Key Considerations When the Flat Outlives You
TLDR HDB flats have a 99-year lease, and key housing schemes require the lease to cover the youngest owner until...
Read More
Top 5 : Common Characteristics Of Singapore Condos That Make Them An Attractive Investment Opportunity For Foreign Buyers
Singapore, a thriving hub of business and commerce in Southeast Asia, has become an attractive destination for foreign investors looking...
Read More
Transforming Your Home Loan Situation with Rate Cuts
TLDR When comparing fixed and floating mortgage rates, the present fixed rate of 3% is favorable, but predictions hint at...
Read More
Surprising Prediction: Will Singapore Property Prices Drop in 2024?
TLDR When considering the current real estate market in Singapore, it's crucial to understand the impact of factors such as...
Read More
Top 5 Reasons : How Can A Reputable Real Estate Agent Help You When Investing In Singapore Property
Investing in Singapore property can be a lucrative venture, given the country's stable economy, strategic location, and high demand for...
Read More
Five Pitfalls of Selling a Home for the First Time
TLDR When selling your first home, avoid holding out for a better offer as it may backfire. Let your agent...
Read More
5 Pros Of Buying A Resale Property
Luxury properties in Districts 9 and 10 of Singapore are highly coveted, and for good reason. From stunning views and...
Read More
Top 5 Cafes in Singapore for Brunch
Singapore, a melting pot of cultures and flavors, offers an incredible array of culinary experiences to tantalize your taste buds....
Read More
Should You Pay For A Buyer Agent?
TLDR The idea of making buyers pay their own property agents in Singapore, as suggested by SEAA, makes sense in...
Read More
7 Essential Steps to Sell Your House in Singapore
TLDR When preparing to sell your house, research the average prices in your area for a realistic figure. Consider factors...
Read More
Singapore’s Real Estate Market: Disproving 5 Common Misconceptions
Singapore's real estate market is a complex and dynamic market that can be difficult to navigate for new investors. With...
Read More
Top 5 Parks and Nature Reserves to Visit in Singapore
Singapore, often referred to as the "Garden City," is a vibrant and diverse nation that has made significant strides in...
Read More
