Property developers carry on property development activities i.e. the development of land parcels into residential, commercial and industrial properties for sale, usually prior to the completion of the properties.
A typical property development cycle includes the following stages where a property developer:
- Acquires a land parcel/ property for development,
- Obtains government approvals and financing, designs and awards the construction contracts to various contractors, and
- Markets the property units for sale prior to and after the completion of the development project.
A property developer is prima facie carrying on the business of property development for sale. For tax purposes, the profits of a property development project are recognised when the project is substantially completed i.e. when the Temporary Occupation Permit (TOP) is issued.
Expenses that are directly attributable to the acquisition of land and property development activities are to be capitalised and accumulated in the Development Cost Account up to the Year of Assessment in which the TOP is issued (‘TOP YA’).
In the TOP YA, the sale proceeds due and payable in accordance with the payment schedule in the Sale and Purchase Agreement of the property units sold are taxed. The allowable development costs incurred up to that date on these units are allowed as deduction. If some property units are not sold by the TOP YA, the allowable development costs to be allowed as deduction in the TOP YA have to be apportioned.
Learn more about the taxation of property developers (PDF, 196KB).
Record Keeping
A property development company is required to keep proper records and accounts of its business transactions for submission upon IRAS’ request. Learn more about a company’s record keeping requirements.
Information Required for Each Property Development Stage
Apart from keeping proper records and accounts, a property development company is required to prepare and maintain the relevant information at each stage of the property development cycle and submit it to IRAS.
A property development company that files its Corporate Income Tax Return (Form C) should provide the relevant information upfront in its income tax computation filed together with the Form C. This will help to expedite the review and finalisation of the company’s assessment. If the relevant information is not provided together with its Form C, IRAS will write to the company to request for it.
In the case of a property development company that files Form C-S or Form C-S (Lite), it is only required to prepare and maintain the relevant information and submit it to IRAS upon request.
Stage 1: Acquisition of Land/ Property
- Location/ address of the land/ property
- Date of purchase
- Purchase price and a breakdown of incidental expenses
- Description of the proposed development
- Name and identification number (NRIC/ FIN/ UEN, etc.) of the vendor and whether the vendor is in anyway related to the company, its directors or shareholders. If so, the company should provide details of the nature of relationship and state whether the purchase price is reflective of the market value of the land/ property as at the date of purchase
- Purpose of acquisition. If the land/ property is not acquired for development for sale, the company should inform IRAS of the intent of acquisition when filing the Corporate Income Tax Return for the YA relating to the basis period during which the land/ property was acquired and provide supporting documents to substantiate the intent upon IRAS' request.
- Means of financing the purchase (e.g. bank loans, overdrafts)
Stage 2: Development of Property
- Description of the development with name and address of the development project
- Total number of units and floor area of units to be built
- Date of commencement of development project
- Date or expected date of TOP
- A schedule showing the development costs incurred and indicating the disallowable items
Stage 3: Sale of Developed Property Units
- Date of TOP and Certificate of Statutory Completion (CSC)
- Computation showing the tax adjusted profit or loss on sale of developed property units as at the TOP date
- For each developed property unit sold to related parties, the company should provide:
- Official address of the unit
- Full name and identification number (NRIC/ FIN/ UEN, etc.) of the purchaser and nature of relationship
- Contracted date of sale, sale price and the floor area of the unit
- Details of whether the sale price is reflective of the market value of the property unit as at the date of sale
- In respect of any unit sold to a director, employee and /or employee of a related entity at a discount which is over and above that given to the public, please provide the additional discount amount and confirm that it has been reported as benefits-in-kind in the respective Forms IR8A
FAQs
Why is a property development company required to provide the relevant information at each property development stage together with its Corporate Income Tax Return (Form C)?
Providing the relevant information upfront in the income tax computation filed together with the Corporate Income Tax Return (Form C) will help to expedite the review and finalisation of the company’s assessment.
If the relevant information is not provided together with its Form C, IRAS will write to the company to request for it.In the case of a property development company that files Form C-S or Form C-S (Lite), it is only required to prepare and maintain the relevant information and submit it to IRAS upon request.
If a property development company fails to fulfil any of the qualifying conditions stated in the Letter of Undertaking in relation to the remission of Additional Buyer’s Stamp Duty ('ABSD'), it is required to pay ABSD and interest on ABSD. What is the tax treatment of these expenses?
ABSD and interest payable on ABSD are costs related to the acquisition of the land and are part of the development costs.
Learn more about the tax treatment of the ABSD and interest payable on ABSD (PDF, 80KB).
Must a property development company submit supporting documents to substantiate that the land/ property is acquired for long-term investment, together with its Corporate Income Tax Return?
A property development company is prima facie carrying on the business of property development for sale. If the upfront intention for acquiring the land/ property is for long-term investment, it is required to inform IRAS of the investment intent when filing its tax return.
The company should also retain the supporting documents such as directors' resolutions and notes of board meetings stating such intention when it purchases the land/ property, and submit them to IRAS upon request.
What are allowable development costs?
The allowable development costs include land cost, stamp duty, property tax, construction cost, architect fee, differential premium, development charge and financing cost.
Are marketing and promotional expenses incurred by a property development company for the development of properties for sales and capitalised in the Development Cost Account for accounting purposes tax deductible in the year in which they are incurred?
Marketing and promotional expenses are tax deductible in the year in which they are incurred. Examples of such expenses are advertising fees, property agency fees, banners, brochures, architectural models and expenses incurred on a temporary show flat built purely for marketing purposes (i.e. the show flat will be dismantled and removed subsequently).
Are sales commission incurred by a property development company in respect of the sale of specific units tax deductible in the year in which they are incurred?
Sales commission are direct expenses incurred in respect of specific units sold. Hence, such expenses are tax deductible in the Year of Assessment in which the sales proceeds of those specific units are brought to tax.
If a property development company decides to keep some unsold property units held for trading as long-term investments, does the company need to declare the change and what is the tax impact?
The property development company is required to give notice (i.e. complete an AC Reporting Form (PDF, 191KB)) of any appropriation of trading stock for non-trade or capital purposes to the Comptroller of Income Tax at the point of filing the tax return.
When the unsold units are appropriated for long-term investment, they are treated as sold on the date of appropriation. The resulting profit or loss which is computed based on the open market value (OMV) of the unsold units as at the date of appropriation is taxable or tax deductible.
If a property development company owns an investment property which was held as long-term investment but now decides to redevelop it for sale, does the company need to declare the change and what is the tax impact?
The property development company is required to give notice (i.e. complete an AC Reporting Form (PDF, 191KB)) of any conversion of non-trade or capital asset to trading stock to the Comptroller of Income Tax at the point of filing the tax return.
Any gain or loss upon the conversion relating to the change in the value of the investment property up to the date of conversion is capital in nature and is not taxable or tax deductible.
Where the investment property that is converted to trading stock included qualifying plant or machinery in respect of which capital allowance has been claimed, balancing adjustment1 (i.e. balancing allowances or charges (BA/ BC)), which is based on the difference between the tax written down value (TWDV) of the qualifying asset and its open market value (OMV) as at the date of conversion, must be made. A BC is taxable while a BA is deductible. The BC, if applicable, is capped2 at the amount of capital allowances previously granted in respect of that non-trade/capital asset.
In computing the gain or loss arising from the subsequent sale of the redeveloped property, the OMV of the investment property as at the date of conversion is treated as part of the cost of the trading stock.
Learn more about the Tax Treatment on Appropriation of Trading Stock for Non-Trade or Capital Purposes and Conversion of Non-Trade or Capital Assets to Trading Stock (PDF, 388KB).
1 Section 20(1)(b)(ii) of the Income Tax Act 1947 (ITA) is applicable to a qualifying plant and machinery in respect of which capital allowances had been given
2 Section 20(4) of the ITA