Category Archives: CEA

Frustrated agent starts petition

One Singapore real estate agent has launched an online petition in a bid to force consumers to pay the GST on their rental fees.

Jason Lim of Vestor Realty is one of a growing number of Singapore real estate agents who are increasingly frustrated at having to absorb the tax element of deals when clients refuse to pay. He has now taken to online channels and is petitioning the Council for Estate Agencies (CEA) to take action.

Lim says: “GST isn’t and shouldn’t be an optional extra, but it seems like every time a rental is transacted, realtors will be arguing with the landlord to pay their GST. Invariably these landlord and consumers get their own way, but why should realtors subsidise them at all?”

In March PropertyGuru first reported how increasing number of real estate agents are being forced to absorb GST.

At that time a spokesperson for the Inland Revenue Authority of Singapore (IRAS) said: “All GST-registered businesses have to charge GST on the sale of goods or the provision of services. They are required to quote GST-inclusive prices, whether written or verbal, to their customers. The above principle applies to the services that GST-registered property agents provide in arranging or brokering property transactions.”

To minimise disputes, IRAS suggest that GST-registered property agencies and landlords should reach an upfront agreement on the GST-inclusive agent fee payable on the services rendered, and to formalise this in their contractual arrangement for property-related services.

In his online petition which was launched yesterday, Lim adds: “We ask that CEA make GST non-negotiable and compulsory for all consumers on all transactions, and to pay their rightful GST when paying commission to realtors.”

Yeap Soon Teck, Deputy Director (Licensing), Council for Estate Agencies, told PropertyGuru: “The CEA has constantly highlighted in its consumer education resources and messages that a GST-registered estate agent is allowed to charge and collect the Goods and Services Tax (GST), a requirement for GST-registered businesses under the guidelines of the Inland Revenue Authority of Singapore. Consumers are also advised to clarify with their salespersons if the GST payable is factored into the commission amount stated in the estate agency agreement.

He added: “CEA also has in place Prescribed Estate Agency Agreements, which are standard forms prescribed in the Estate Agents (Estate Agency Work) Regulations, that allow the estate agent to indicate whether it is GST-registered and whether GST is applicable or payable upon the transaction.

He confirmed that CEA has previously received similar feedback and is currently reviewing the standard forms to emphasise that if the estate agent is GST-registered then GST should be payable to the estate agent.

Petition: http://www.change.org/en-GB/petitions/council-for-estate-agencies-cea-impose-gst-as-non-negotiable-and-compulsory-payable-by-all-consumers

Source: PropGuru – 14 jun 2013

Real estate salesman charged with receiving payment from moneylender

A real estate salesman has been charged with receiving payment from a licensed moneylender for the loans his clients took and handling transaction monies for his clients.

52-year-old Mustafa Kamal Seri was a registered salesman with licensed estate agent Your Estate Specialist LLP when he allegedly committed the offences.

In February 2012, a married couple engaged the services of Mustafa to sell their four-room HDB flat and buy a smaller three-room flat.

In late February 2012, Mustafa approached his clients for a personal loan of S$50,000.

Mustafa asked the couple to borrow the sum from a moneylender and give him the money in advance and that they repay the moneylender using the sales proceeds from the HDB property.

The couple agreed to this.

In February, March and April 2012, Mustafa brought his clients to a licensed moneylender to obtain three separate cash loans totalling S$57,500.

The moneylender deducted a total of S$7,500 in acceptance fees for the three loans, and the couple handed the remaining S$50,000 to Mustafa.

Sometime between May and July 2012, Mustafa received a payment of S$2,000 from the moneylender for the three moneylending transactions of his clients.

For the sale of the couple’s flat in March 2012, Mustafa requested for and received the Option-To-Purchase deposit of S$3,000 from the buyer via a bank transfer, and paid it to his clients.

After the sale transaction was completed in May 2012, the husband handed Mustafa S$15,000 in cash, which Mustafa then handed to his clients’ law firm in July 2012 to complete their purchase of the three-room HDB flat.

Under the Estate Agents Act, it is an offence for estate agents and salespersons to introduce the services of any moneylender to their clients and to receive commissions, rewards, fees, payments or any benefits from any moneylender for any moneylending transaction.

Estate agents and salespersons are prohibited from holding or handling any money for or on behalf of any party in relation to the sale and purchase of any property in Singapore.

Source CNA – 29 May 2013