FAQ
Questions about legal, estate and compliance matters
Trusts, probate, powers of attorney, 99-1 arrangements and AML checks. This is the part of a transaction where an error is expensive and slow to unwind, and where most published guidance is either a law-firm advertisement or years out of date. None of it is legal advice — it is what the rules say, with the sources, so you know what to ask a lawyer.
10 questions · drawn from 4 guides · last verified 2 August 2026 · answered by Renee Sim, CEA R042407F
Questions
- Can I apply for the ABSD (Trust) remission before paying the 65%?
- No. IRAS is explicit that payment of the ABSD chargeable is a condition of the remission under the Stamp Duties (Trusts for Identifiable Individual Beneficiary) (Remission of ABSD) Rules 2022. You stamp, you pay 65%, then you apply. Any adviser who tells you the 65% can be waived upfront has misread the rule.
- Does ABSD (Trust) apply to a trust created in my will?
- No. ABSD (Trust) applies to transfers into a living trust — one created by the settlor during their lifetime — on or after 9 May 2022. A testamentary trust, created by will and taking effect on death, is outside the charge.
- My trust says my child inherits at 21. Does that qualify for remission?
- No, and this is the clause that most often destroys the remission. IRAS assesses vested beneficial ownership at the time the property goes into the trust. Deferred vesting at a future age is not a vested interest, so the remission is refused and the full 65% stands.
- Is decoupling illegal in Singapore?
- No. Decoupling — a genuine transfer of one co-owner’s share to the other, properly valued and stamped — is a lawful transaction with a real commercial purpose. What IRAS pursued was the specific 99-to-1 pattern where a buyer who could afford the property alone added a co-owner for a 1% share solely to reduce ABSD on a later purchase.
- What is the penalty if IRAS finds tax avoidance?
- Under Section 33A of the Stamp Duties Act, IRAS may disregard the separate transactions, treat them as a single joint purchase, recover the ABSD that should have been paid, and impose a surcharge of 50% on that additional duty.
- Can I refuse to provide source of funds documents?
- You can, but the salesperson cannot proceed. These are legal obligations under the 2021 Regulations, not agency preferences. An agent who waives them is risking their CEA registration, and a transaction that proceeds without them is exposed.
- Will I be told if a Suspicious Transaction Report is filed about me?
- No. Reports go to the Suspicious Transaction Reporting Office through the SONAR system, and tipping off a subject is itself an offence. A filed report is not an accusation — it is a referral for assessment.
- Can I market the property before the Grant is extracted?
- You can market it. You cannot complete a sale. The distinction matters enormously: an Option to Purchase granted before the Grant is in hand starts a clock the estate may not be able to meet, and the buyer walks with their deposit and their goodwill.
- What if there is no will?
- The estate needs Letters of Administration rather than a Grant of Probate. The process is slower and more exposed to family disagreement, because the law dictates who administers and who inherits under the Intestate Succession Act, rather than the deceased.
- Does Seller’s Stamp Duty apply when the estate sells?
- This turns on when and how the property was acquired, and it is one of the most expensive things to assume. Get it confirmed in writing before any price is agreed — the difference can be four figures a month for every month of delay, or nothing at all.
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