Q I REFER to your article on reverse mortgages on March 12. My father, aged 70, is the sole owner of a three-room HDB flat. He paid for the flat fully about 30 years ago.
Currently, my mother and brother live with him. My mother and brother paid for the renovations, and have paid the electricity and water bills all these years.
If my father decides to reverse mortgage the flat to NTUC Income without his family’s knowledge, is there any law to protect the interests of his spouse or the occupiers of the flat?
Before a reverse mortgage is approved, is my mother’s consent needed?
When my father dies, will NTUC Income boot my mother and brother out of the flat?
A NTUC Income offers the reverse mortgage scheme to benefit older HDB owners whose savings have been depleted.
We start this new scheme with an interest rate of 5 per cent a year for HDB owners. This rate is much lower than rates for many other forms of debt in the market.
Under the scheme, owners mortgage their properties to NTUC Income and draw cash regularly as a loan from us. These regular cash advances are used to meet retirement expenses. They continue to retain ownership and stay in their homes.
When the application is made for the reverse mortgage, a family member of the applicant needs to be present, and to confirm that he or she is aware that the property will be placed under reverse mortgage.
The family member will also witness the acceptance of the Letter of Offer and take part in the execution of the mortgage documents.
When the property owner dies, we will discuss options with family members on how the deceased’s estate will settle the outstanding loan.
These options include allowing a family member to take over the loan and the property.
Any person who intends to take up a reverse mortgage should consider the interests of the spouse and children. He should consider if it is necessary to reflect their interests as joint legal owners in the property.
To learn more about reverse mortgages, you can call our hotline at 6788-1122 or check out our website at www.income.coop
We invite you and your family members to attend an educational session conducted by us. We will explain how the reverse mortgage works and answer your questions.
You might wish to seek independent professional advice regarding the legal rights of your mother and brother.
Tan Kin LianChief Executive OfficerNTUC Income
Q A PERSON dies with $800,000 worth of stocks in his Central Depository (CDP) account and $500,000 in cash.
In his will, can he instruct that someone, such as his stockbroker, sell off the entire portfolio within a year to maximise the gains?
If this is allowed, how is estate duty computed?
Is it done at the point of his death or when the portfolio is completely sold?
Assume also he has a new car worth $100,000. Is this to be sold immediately and turned into cash for tax purposes? Who decides the ‘right price’ to sell at?
What if he owns property worth $800,000 in the United States?
Must it be immediately sold, and who decides that the price offered is a fair price when it is finally sold after six months?
This person, 2 1/2 years before his death, gave $20,000 to his granddaughter and put it into her bank account.
Will it be considered as part of the taxable amount too?
As he is a good stock investor, can he instead open a joint CDP account and use this money to purchase stocks?
Suppose this amount has doubled at the point of his death. Will it be taxed too?
Finally, what happens to those items that were not specifically mentioned in the will, such as a stamp collection worth $50,000? Are such items taxable?
A Estate duty is payable on the aggregate market value of all Singapore assets (both immovable and movable) and movable assets outside Singapore belonging to a deceased at the date of his death.
His immovable assets (such as land and buildings) outside Singapore are not liable to duty.
Movable assets include cash, bank accounts, insurance monies, shares, CPF balances and motor vehicles.
A $600,000 estate duty exemption is given for all assets other than residential properties owned by the deceased. The exemption is not given for cash alone. That is to say, it does not matter if the assets are cash or non-cash in nature.
For estate duty purposes, the open market value of the assets at the time of death is used to determine the value of the assets. This is regardless of whether the assets are mentioned in the will.
In this example, the motor vehicle bought for $100,000 would have depreciated over time.
For the purpose of estate duty, the car as well as stamp collection would be valued at the open market value as at the date of death.
If the open market value of an asset is not readily available, a professional valuer may be engaged to assess its value.
The property in the US worth $800,000 is considered immovable property outside Singapore and hence not dutiable in Singapore.
If the US property is sold after death, proceeds from the sale would also not be included in the value of the deceased’s estate.
We assess all gifts made by a deceased within five years of his death. In this case, the $20,000 given away 2 1/2 years before death may be assessed under either of these situations:
The money was given as an outright gift. The sum assessed would be $20,000.
If the deceased had used the $20,000 to invest in stocks and shares under a joint CDP account, their market value as at the date of death would be subject to estate duty, whether it is higher or lower than the original amount invested.
Whether a person dies testate (with a will) or intestate (without a will), all his assets as at the date of death are subject to estate duty.
If there is a will, his assets would be distributed according to his wishes as specified therein. However, the executor cannot deal with the deceased’s assets, such as by selling the shares on the stock market, until the Grant of Probate is extracted.
If there is no will, the assets would be distributed according to the Intestate Succession Act.
The assets given in your example that are subject to estate duty are as follows:
Value of shares in CDP account: $800,000
Cash: 500,000
Car: Market value as at date of death (say, $80,000)
Cash gift to granddaughter: $20,000
Stamp collection: Value, as at date of death (say, $50,000)
Total value of assets: $1.45 million
Less exemption of $600,000
Net value = $850,000
Estate duty is levied on this $850,000 at 5 per cent = $42,500.
Mrs Lee Leng Kiong Director (Corporate Communications)Inland Revenue Authority of Singapore
Advice provided in this column is not meant as a substitute for comprehensive professional advice.
Source : Sunday Times - 19 Mar 2006