5 Reasons Why It’s A Great Time To Buy Property In Singapore In 2024
Singapore's property market is known for its stability, high demand and strong returns. With a growing population, low unemployment rates,...
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 …
Subscribe to Jayson Ang’s Singapore Property Newsletter
TLDR Jayson Ang's Singapore Property Newsletter offers valuable insights on real estate investments, market trends, and expert advice. The newsletters...
Read More
Will Property Owners Earn More By Keeping Residential Properties For An Extended Period?
TLDR In Singapore, holding a residential property longer typically yields higher profits—averaging $665,000 after 20 years, versus $200,000 for 5–10...
Read More
Unveiling the Truth: Why Freehold is Not Always the Optimal Choice for Property Investment
TLDR When it comes to investing in real estate in Singapore, traditional beliefs may not always hold true in today's...
Read More
Top 5 Best Non-Touristy Things to Do in Singapore
Singapore, a vibrant city-state known for its iconic skyline and diverse culture, offers a plethora of experiences for both tourists...
Read More
5 Impacts Of The Singapore-Malaysia High-Speed Rail On The Property Market
The proposed Singapore-Malaysia High-Speed Rail (HSR) is a joint project between the two countries that aims to improve connectivity and...
Read More
5 Points : Singapore’s Property Market vs. Stock Market: Which is the Better Investment Option?
Investing is an important aspect of personal finance and can be a valuable way to grow wealth over time. However,...
Read More
From Garden City to Smart Nation: Singapore’s Top 5 Goals Building a Sustainable and Livable City
Singapore is a small island city-state with a population of over 5 million people. Its urban landscape is constantly evolving,...
Read More
Discover Singapore: 5 Must-See Attractions for a Culture Lovers’ Paradise
TLDR Singapore stands out as a top destination for culture lovers, offering a rich blend of heritage and modernity through...
Read More
Singapore Decoupling Guide
TLDR Decoupling in Singapore's real estate refers to the process of separating property ownership to avoid Additional Buyer's Stamp Duty...
Read More
4 Simple Strategies to Help Future Homeowners Save Money
TLDR When it comes to being a new homeowner, it's essential to prioritize regular maintenance to avoid costly repairs down...
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
Why Older Freehold Condominiums Are Losing Their Edge in En‑Bloc Deals (2025)
TLDR Older freehold condominiums in Singapore are losing their edge in en‑bloc deals due to several structural shifts. Developers increasingly...
Read More
Top 5 Factors to Consider When Choosing a Property in Singapore
The top 5 factors to consider when choosing a property in Singapore. Whether you're a seasoned investor or a first-time...
Read More
Top 5 Places to Buy Local Art in Singapore
Singapore, a melting pot of cultures and traditions, is not only known for its breathtaking cityscape, delectable food, and shopping...
Read More
5 Singapore’s Best Property Investments for 2023: Where to Find Growth and Income
The Singapore property market has long been a sought-after investment destination, with its stable economy and growing population making it...
Read More
Beware! Spot These Warning Signs Before Making a Home Purchase!
TLDR When purchasing a property in Singapore, it is crucial to thoroughly assess various aspects of the home to avoid...
Read More
Looking To Buy An Older HDB Flat? Here’s What You Need To Know Before You Sign On The Dotted Line!
TLDR When considering purchasing an older flat, ensure to thoroughly inspect wet areas for leaks, check balcony conditions, watch out...
Read More
Finding Your Dream Home In The Near Future. Exciting Upcoming Property Launches In The First Half Of 2024
TLDR The real estate sector in 2023 saw significant policy shifts affecting both private and public housing, with various changes...
Read More
6 Possible Risks of Purchasing a One-Bedroom Apartment in Singapore: Key Considerations to Be Aware Of
TLDR One-bedroom condos in Singapore are attractive for their lower entry price and rental potential, but buyers should be aware...
Read More
