Couple pleads guilty to backdating Option to Purchase to evade higher stamp duties

Victor Kang3 Sep 2021

SANDY PALM CONDOMINIUM

Daniel Halim and his wife Lee Liu Ying told their agent to backdate the OTP for a unit at Sandy Palm condo to avoid higher ABSD charges. 

A married couple, who wanted to purchase a unit at Sandy Palm condominium, pleaded guilty to backdating an Option to Purchase (OTP) to avoid paying higher Additional Buyer’s Stamp Duty (ABSD), reported Channel News Asia (CNA).

Daniel Halim and his wife Lee Liu Ying already own a condominium in West Coast Crescent as well as an HDB flat in Strathmore Avenue.

They wanted to acquire a fourth-floor Sandy Palm condominium unit in Loyang, which the couple viewed on 7 July 2018.

However, the Singapore Government introduced cooling measures on 5 July 2018, in which the ABSD for Singaporeans purchasing their third and subsequent residential property was raised from 10% to 15%.

With this, the couple told their agent Mu Shen to instigate Loy Thye Wei, the seller’s agent, to backdate the OTP to 4 July.

This comes as residential properties bought on or after 6 July could still qualify for the 10% rate, subject to certain conditions. These included the OTP being granted on or before 5 July.

Halim and Lee told Mu that they would only push through with the transaction if the OTP was backdated since they no longer have enough cash to cover the higher ABSD.

The prosecutor noted that while the couple raised their initial offer for the property by $30,000 from $1.35 million to $1.38 million during their second viewing on 8 July, the transacted price only led to a $1,500 hike in the minimum cash payable.

The date of the option cheque was also backdated by Halim to 4 July to match with the backdated OTP.

Notably, the seller had no knowledge that Loy had backdated the OTP to 4 July.

The amount of ABSD underpaid by Halim and Lee stood at $69,000.

On 12 July this year, Mu had pleaded guilty to abetting by instigating Loy into falsely stating the date of the OTP. Loy is also expected to plead guilty on 3 September.

Meanwhile, the couple will return to court on 10 September for sentencing.

 

Looking for a property in Singapore? Visit PropertyGuru’s ListingsProject Reviews and Guides.

Victor Kang, Digital Content Specialist at PropertyGuru, edited this story. To contact him about this story, email: victorkang@propertyguru.com.sg

POST COMMENT

You may also like these articles

Property cooling measures all the more necessary amid economic crisis, Desmond Lee

“A home is a big ticket item and it's for the well-being of Singaporeans that some of the measures are there,” said Mr Lee.National Development Minister Desmond Lee believes the property cooling m

Continue Reading17 Sep 2020

More expect government to introduce property cooling measures

The quarterly survey polled around 40 to 50 senior executives in the real estate sector. The possible risk of the government stepping in to cool the market jumped from 19.2% in Q3 2020 to 44.7% in

Continue Reading10 Feb 2021

More execs cite cooling measures as biggest risk facing property market

Of the 50 real estate executives surveyed in March, 87.8% believe the possibility of property cooling measures is the biggest risk the property market faces in the next six months.More real estate e

Continue Reading7 May 2021