Tools for immediate regulatory tax implementation: Subsidiary Legislation vs Legislation by Press Release

Abstract

A pertinent worry plaguing the implementation of economic regulations is the circumvention manoeuvres conducted by private entities during the time-consuming legislative process typically associated with legal change. During the recent imposition of stamp duties designed to curb its exuberant property market, the Singapore government utilised two distinct mechanisms – subsidiary legislation and legislation by press release – to eliminate any opportunities for tax avoidance from public announcements in relation to these new taxes. This Article utilises this episode of economic regulation to examine legal and normative considerations regarding these two mechanisms that can be employed by the executive branch to effect immediate legal change. The Article argues that while both mechanisms are legal and are practically indistinguishable under the current legal framework and political realities in Singapore, the increased possibility of a more competitive political landscape necessitates greater legal constraints on the subsidiary legislation mechanism and greater political awareness of the legislation by press release mechanism.