ST - Property agents run into difficulty over enhanced anti-money laundering rules

stanlawj

Supremacy Member
Joined
Jul 11, 2021
Messages
7,655
Reaction score
4,098
https://www.straitstimes.com/singap...t-enhanced-anti-money-laundering-requirements

Property agents run into difficulty over enhanced anti-money laundering rules​

Agents and property agencies were supposed to perform stricter due diligence checks from July 1, when changes kicked in for the Estate Agents Act and its subsidiary legislation, the Estate Agents (Prevention of Money Laundering, Proliferation Financing and Terrorism Financing) Regulations.

The deadline has been extended to Dec 31 following industry feedback, CEA said in response to queries from The Straits Times.

Before the revised regulations, property agents and agencies were required only to conduct due diligence measures on their own clients.

The enhanced framework expands checks beyond an agent’s own client to include unrepresented parties in a deal, such as a direct buyer when the agent represents the seller. The CEA said the changes align with international standards set by the Financial Action Task Force.

Property agents must also verify the source of funds used to buy or rent a private property, identify ultimate beneficial owners when entities are involved, and keep fuller records.

The changes also require agents to guard against proliferation financing – the provision of funds for the illicit development and supply of weapons of mass destruction and related materials.

Property agencies said they support the policy intent, but agents had reported challenges in applying the new procedures in everyday deals.

The most cited pain point was collecting sensitive information such as source of funds, particularly from people they do not represent.

Mr Eddie Lim, chief agency officer of real estate company PropNex Realty, described it as a “compliance gap”, as the new rules legally oblige agents to obtain documents from parties who are “neither contractually nor relationally bound to respond”.

For example, those who are not the clients of PropNex agents may “see little reason to cooperate”, he said. Clients are also not mandated by any governing body to comply with an agent’s checks.

“Similarly, processes like enhanced checks on well-established landlords or verifying source of funds have been raised as sensitive or difficult to execute in the field,” said Mr Lim.

He added that moving from the initial announcement to the implementation of these measures, it felt “relatively sudden” and did not give agencies sufficient lead time to adjust internal processes or train their people.

PropNex, Singapore’s largest real estate agency with more than 13,700 agents, said smaller outfits could feel the strain most. As at Jan 1, 2025, there were 36,058 registered property agents in Singapore.

Mr Eugene Lim, key executive officer of real estate agency ERA Singapore, said additional checks could slow down transactions or cause them to fall through.

PropNex agent Richard Tan said that as a shophouse specialist handling high-value deals, he found it challenging to obtain information on third parties such as buyers or tenants when he is representing the seller.

“The new rule states that even if I represent the seller, I am required to collect details about the buyer. But the buyer’s agent may be reluctant to disclose this because client details are valuable,” said Mr Tan.

He added: “We also have to ask customers to fill out a customer particulars form before a viewing. That would be impractical, as who will give out sensitive details and sign a form even before viewing the property?”
 
Last edited:

stanlawj

Supremacy Member
Joined
Jul 11, 2021
Messages
7,655
Reaction score
4,098
Hurray!!!!
Commercial properties bought by dubious foreign-owned entities are key players in inflating price.

----------
Foreign investors purchasing Singapore commercial property through a Singapore-incorporated entity (such as a private limited company) enjoy several advantages compared to buying directly in their personal name as a non-resident individual.

These benefits primarily revolve around taxation, liability, financing, and ownership flexibility. Note that foreigners can generally purchase most commercial properties (e.g., offices, retail shops, or industrial units) directly without prior government approval or Additional Buyer's Stamp Duty (ABSD), paying only the standard Buyer's Stamp Duty (BSD) rates, which are the same for both individuals and companies.

Below is a breakdown of the key advantages:

Tax Benefits​

  • Lower Effective Tax Rates on Rental Income: A Singapore company is subject to a flat corporate income tax rate of 17% on chargeable income, including rental yields from the property. New companies can also benefit from partial tax exemptions (e.g., 75% exemption on the first S$100,000 of normal chargeable income and 50% on the next S$100,000), potentially reducing the effective rate to as low as 8.5% or less on initial profits. In contrast, non-resident individuals are taxed at a flat rate of 24% on non-employment income like rental earnings (after allowable deductions), with no access to personal reliefs or similar exemptions.
  • GST Recovery: If the company is GST-registered (typically required for businesses with turnover exceeding S$1 million), it can claim back the Goods and Services Tax (GST, currently 9%) paid on the property purchase and related expenses, providing significant upfront savings (e.g., S$90,000 on a S$1 million property). Individual buyers must absorb this cost without refund.
  • More Deductions and Reliefs: Companies can deduct a broader range of expenses (e.g., maintenance, agent fees, and capital allowances on fixtures) and carry forward unabsorbed losses or allowances to offset future income. Non-resident individuals have limited deduction options and cannot carry forward losses in the same way.
  • No Capital Gains Tax: Singapore does not impose capital gains tax on property sales for either structure (unless deemed as trading income), but companies may have more flexibility in structuring disposals to minimize any potential tax.

Liability Protection​

  • Limited Personal Liability: Ownership through a company limits the investor's liability to their share capital in the entity, protecting personal assets from risks like property-related debts, lawsuits, or loan defaults. Direct individual ownership exposes all personal assets to such liabilities.

Financing Advantages​

  • Access to Cheaper and More Flexible Loans: Companies can secure corporate loans at lower interest rates than personal loans for non-residents and may borrow up to 80% of the property's value under certain conditions. Individuals, especially non-residents, face higher rates and stricter loan-to-value ratios, without access to options like CPF funds.

Ownership and Transfer Flexibility​

  • Easier and Lower-Cost Transfers: Transferring ownership is simpler via selling company shares, incurring only 0.2% stamp duty on the share value, rather than full property conveyance with higher BSD (up to 5%) or potential Seller's Stamp Duty (SSD) if sold early. This is particularly useful for estate planning or exiting investments.
  • Separation of Assets: Using a company separates the property from personal holdings, which can aid in asset protection, succession planning, or managing multiple investments.
----------------------

Money-laundering
The advantages of using a Singapore-incorporated entity for purchasing commercial property can hypothetically be exploited by foreign investors for money laundering purposes through mechanisms that obscure the origin of funds and integrate illicit proceeds into the legitimate economy. This is often achieved by leveraging shell companies or nominee structures to hide beneficial ownership, as highlighted in Singapore's 2024 Money Laundering National Risk Assessment. Below are some general ways this might occur, based on reported risks and cases, without providing operational guidance:

Obscuring Beneficial Ownership

  • Foreign investors could establish a Singapore company using corporate service providers (CSPs) to act as a front, appointing nominee directors or shareholders to conceal the true controllers. This setup allows illicit funds from overseas crimes (e.g., scams or corruption) to be funneled into the entity, which then purchases commercial properties like offices or retail spaces. The limited liability and separation of assets help distance the individuals from scrutiny, while the property generates rental income that appears legitimate. In high-profile cases, such as the S$3 billion laundering scandal involving foreign nationals, companies were used to acquire multiple properties, layering dirty money through real estate transactions.

Integrating Funds via Property Transactions

  • Illicit capital could be placed into the company as equity or loans, then used to buy properties, taking advantage of GST recovery and tax deductions to reduce apparent costs and enhance profitability. Subsequent sales or rentals convert the assets into clean cash flows, with share transfers (at low stamp duty) enabling quick exits without triggering full property taxes or disclosures. This mirrors patterns in the 2023 case where seized assets included 152 properties bought through layered corporate structures.

Leveraging Financing and Tax Benefits

  • Corporate loans at favorable rates could be secured using the property as collateral, mixing dirty funds with borrowed money to further complicate tracing. The lower corporate tax rates and exemptions on income help in portraying the investment as a normal business activity, while no capital gains tax on sales aids in realizing profits without additional red flags. Risks are amplified in sectors like banking and wealth management, where foreign funds enter the system before being directed to real estate.
Singapore has responded with reforms, such as the Corporate Service Providers Act 2024, requiring enhanced due diligence and beneficial ownership registers to mitigate these vulnerabilities. However, the ease of incorporation and Singapore's status as a financial hub continue to attract such schemes, as seen in enforcement actions against real estate agents and CSPs involved in laundering.
 
Last edited:

bobo07

High Supremacy Member
Joined
Jun 8, 2007
Messages
41,658
Reaction score
24,506
phew. Still got time to money launder with properties. Thank you Lawrence Wong!
Sinkland already dealing with cost of living until cry no tears still got ppl bring heaps of cash and dump into ppty …. Chiu say leh
 

Firstclass1188

Arch-Supremacy Member
Joined
Feb 7, 2019
Messages
13,331
Reaction score
2,860
Sinkland already dealing with cost of living until cry no tears still got ppl bring heaps of cash and dump into ppty …. Chiu say leh
I say it won't benefit you, we are looking at the trading of coffeeshops, shophouses and other commercial properties.

NOT HDBs, so don't be happy.
 

Spike

High Supremacy Member
Joined
Apr 1, 2022
Messages
32,865
Reaction score
35,303
The onus of money laundering checks should be placed on banks, conveyancing law firms, and real estate firms.

If Singapore financial system cannot provide the necessary safeguards with billions of dollars spent anually on compliance, what can an average property agent possibly do by asking those questions?
 

stanlawj

Supremacy Member
Joined
Jul 11, 2021
Messages
7,655
Reaction score
4,098
The onus of money laundering checks should be placed on banks, conveyancing law firms, and real estate firms.

If Singapore financial system cannot provide the necessary safeguards with billions of dollars spent anually on compliance, what can an average property agent possibly do by asking those questions?
Buyer wants to pay full amount in cash. Includes your commission. You accept?
 

Foetid

Supremacy Member
Joined
Dec 5, 2022
Messages
7,790
Reaction score
4,203
https://www.straitstimes.com/singap...t-enhanced-anti-money-laundering-requirements

Property agents run into difficulty over enhanced anti-money laundering rules​

Agents and property agencies were supposed to perform stricter due diligence checks from July 1, when changes kicked in for the Estate Agents Act and its subsidiary legislation, the Estate Agents (Prevention of Money Laundering, Proliferation Financing and Terrorism Financing) Regulations.

The deadline has been extended to Dec 31 following industry feedback, CEA said in response to queries from The Straits Times.

Before the revised regulations, property agents and agencies were required only to conduct due diligence measures on their own clients.

The enhanced framework expands checks beyond an agent’s own client to include unrepresented parties in a deal, such as a direct buyer when the agent represents the seller. The CEA said the changes align with international standards set by the Financial Action Task Force.

Property agents must also verify the source of funds used to buy or rent a private property, identify ultimate beneficial owners when entities are involved, and keep fuller records.

The changes also require agents to guard against proliferation financing – the provision of funds for the illicit development and supply of weapons of mass destruction and related materials.

Property agencies said they support the policy intent, but agents had reported challenges in applying the new procedures in everyday deals.

The most cited pain point was collecting sensitive information such as source of funds, particularly from people they do not represent.

Mr Eddie Lim, chief agency officer of real estate company PropNex Realty, described it as a “compliance gap”, as the new rules legally oblige agents to obtain documents from parties who are “neither contractually nor relationally bound to respond”.

For example, those who are not the clients of PropNex agents may “see little reason to cooperate”, he said. Clients are also not mandated by any governing body to comply with an agent’s checks.

“Similarly, processes like enhanced checks on well-established landlords or verifying source of funds have been raised as sensitive or difficult to execute in the field,” said Mr Lim.

He added that moving from the initial announcement to the implementation of these measures, it felt “relatively sudden” and did not give agencies sufficient lead time to adjust internal processes or train their people.

PropNex, Singapore’s largest real estate agency with more than 13,700 agents, said smaller outfits could feel the strain most. As at Jan 1, 2025, there were 36,058 registered property agents in Singapore.

Mr Eugene Lim, key executive officer of real estate agency ERA Singapore, said additional checks could slow down transactions or cause them to fall through.

PropNex agent Richard Tan said that as a shophouse specialist handling high-value deals, he found it challenging to obtain information on third parties such as buyers or tenants when he is representing the seller.

“The new rule states that even if I represent the seller, I am required to collect details about the buyer. But the buyer’s agent may be reluctant to disclose this because client details are valuable,” said Mr Tan.

He added: “We also have to ask customers to fill out a customer particulars form before a viewing. That would be impractical, as who will give out sensitive details and sign a form even before viewing the property?”
this is what happens when the heavenly beings want to discharge their work to lesser mortals.
 

Visor9999

High Supremacy Member
Joined
Mar 30, 2021
Messages
44,512
Reaction score
13,490
At this rate properties prices will keep skyrocketing due to cash buyers
 
Important Forum Advisory Note
This forum is moderated by volunteer moderators who will react only to members' feedback on posts. Moderators are not employees or representatives of HWZ. Forum members and moderators are responsible for their own posts.

Please refer to our Community Guidelines and Standards, Terms of Service and Member T&Cs for more information.
Top