inverstor-relations

Tax Refund Procedures For Unitholders

Background

Taxable income distributions made by Real Estate Investment Trusts ("REITs") listed on the Singapore Exchange to individuals, whether foreign or local, are tax exempt except where such distribution is derived by the individual through a partnership in Singapore or from the carrying on of a trade, business or profession. In this respect, the Inland Revenue Authority of Singapore ("IRAS") allows REITs to make such distributions on a gross basis (i.e., without tax deducted at source) to all individuals (excluding individuals who hold their units in the REITs through partnerships). Individuals who derived their distributions from the carrying on of a trade, business or profession are therefore not eligible for the aforesaid tax exemption and are required to declare the distributions in their income tax returns, notwithstanding that gross distributions are made to them.

In addition, taxable income distributions to certain qualifying non-individual unitholders can also be made at gross (i.e., without tax deducted at source) and taxable income distributions to Qualifying Non-Resident Non-Individuals (see definition below) and Qualifying Non-Resident Funds (see definition below) are subject to a reduced rate of withholding tax of 10% for distributions made on or before 31 December 20251.

In the event that tax has been wrongly deducted and accounted to the Comptroller of Income Tax (“CIT”), the CIT allows eligible Unitholders to claim a refund of the tax over-deducted through the trustee and manager of the REIT, provided that these Unitholders have not made a claim for tax credit in respect of the same amount in their Singapore income tax return submission under section 46(1)(d) of the Income Tax Act 1947. The procedures for this tax refund are set out below.

Eligible Unitholders of units in ESR-REIT can therefore claim a tax refund from the CIT for tax that has been wrongly deducted through the trustee and manager of ESR-REIT.

Which Unitholders Are Eligible For This Tax Refund?
   

Eligible Unitholders are:

  1. Individuals holding ESR-REIT Units through Depository Agents; or
  2. Qualifying Non-Resident Non-Individuals or Qualifying Non-Resident Funds (see definitions below) holding ESR-REIT Units in their own name or through Depository Agents; or
  3. Exempt Non-Corporate Unitholders (see definition below) holding ESR-REIT Units in their own name or through Depository Agents.
How To Make A Claim?
   
  1. 1. If you are a Qualifying Non-Resident Non-Individual, a Qualifying Non-Resident Fund or an Exempt Non-Corporate Unitholder holding ESR-REIT Units in your own name:

      A) Which Distributions Are Eligible For The Tax Refund?

      For Qualifying Non-Resident Non-Individuals, the tax refund applies to taxable income distributions made by ESR-REIT within the period from 25 July 2006 to 31 December 20251 (both dates inclusive).

      For Qualifying Non-Resident Funds, the tax refund applies to taxable income distributions made by ESR-REIT within the period from 1 July 2019 to 31 December 20251 (both dates inclusive).

      For Exempt Non-Corporate Unitholders, the tax refund applies to taxable income distributions paid or to be paid on or after 25 July 2006.

      Notwithstanding the above, please note that (1) all tax refunds are subject to the relevant claim being made within the applicable time limits (please refer to the section on the time limit for claim of refund below); and (2) Unitholders who have already made a claim for tax credit in respect of the corresponding amount in their Singapore income tax return submission under section 46(1)(d) of the Income Tax Act 1947 will not be eligible to claim for a tax refund.


      B) How To Make A Claim?

      Download and complete Form R1 below. Use a separate Form R1 for each distribution period. Submit the duly completed Form R1, accompanied by the Subsidiary Income Tax Certificate ("SITC") or the Annual Dividend Statement ("ADS") issued by the Central Depository (Pte) Ltd for the distribution in respect of which the claim for refund is made, to Boardroom Corporate & Advisory Services Pte. Ltd., 1 Harbourfront Avenue, #14-07 Keppel Bay Tower, Singapore 098632.

      Once you have submitted Form R1, you are not to make further claims for tax credit corresponding to the same refund claim in your income tax return submission (where applicable) under section 46(1)(d) of the Income Tax Act 1947.


      C) When Do We Submit Form R1?

      You may submit Form R1 and the accompanying SITC or ADS to Boardroom Corporate & Advisory Services Pte. Ltd. at any time. The trustee of ESR-REIT will collate the claims for refund submitted by Unitholders and make a claim for refund to the IRAS on a half-yearly basis (submission deadline is 30 June and 31 December). For example, all Forms received during the half-year ending 30 June 2025 will be submitted to the IRAS sometime in July 2025.


      D) Will An Amended Tax Certificate Be Issued For The Refund?

      No amended tax certificate will be issued.


      E) When Will We Receive Our Tax Refund?

      The tax refund will be paid out to eligible Unitholders as soon as practicable after receipt of the tax refund from the IRAS by the trustee of ESR-REIT.



      Download Form R1



  2. 2. If you are an Individual, a Qualifying Non-Resident Non-Individual, a Qualifying Non-Resident Fund or an Exempt Non-Corporate Unitholder holding ESR-REIT Units through Depository Agents, please liaise with your respective Depository Agent on your claim for the tax refund. The claim will be made on your behalf by your Depository Agent.

  3. 3. If you are a Depository Agent and wish to claim for Tax Refund on behalf of beneficial owners who are Individuals, Qualifying Non-Resident Non-Individuals, Qualifying Non-Resident Funds or Exempt Non-Corporate Unitholders:

      A) Which Distributions Are Eligible for Refund?

      For beneficial owners who are Qualifying Non-Resident Non-Individuals, the tax refund applies to taxable income distributions made by ESR-REIT within the period from 25 July 2006 to 31 December 20251 (both dates inclusive).

      For beneficial owners who are Qualifying Non-Resident Funds, the tax refund applies to taxable income distributions made by ESR-REIT within the period from 1 July 2019 to 31 December 20251 (both dates inclusive).

      For beneficial owners who are Individuals or Exempt Non-Corporate Unitholders, the tax refund applies to taxable income distributions paid or to be paid on or after 25 July 2006.

      Notwithstanding the above, please note that (1) all tax refunds are subject to the relevant claim being made within the applicable time limits (please refer to the section on the time limit for claim of refund below); and (2) Unitholders who have already made a claim for tax credit in respect of the corresponding amount in their Singapore income tax return submission under section 46(1)(d) of the Income Tax Act 1947 will not be eligible to claim for a tax refund.


      B) How To Make A Claim?

      Download and complete Form R2 below, including Annexes 1 to 3. Use a separate Form R2 for each distribution period. Submit the duly completed Form R2, accompanied by the Subsidiary Income Tax Certificate ("SITC") issued for the distribution in respect of which the claim for refund is made, to Boardroom Corporate & Advisory Services Pte. Ltd., 1 Harbourfront Avenue, #14-07 Keppel Bay Tower, Singapore 098632.

      Email a soft copy of the completed Annexes to Boardroom Corporate & Advisory Services Pte. Ltd. at SRS.TeamE@boardroomlimited.com.

      Once you have submitted Form R2, you are to inform your respective beneficial owners that they are not to make further claims for tax credit corresponding to the same refund claim in their income tax return submission (where applicable) under section 46(1)(d) of the Income Tax Act 1947.


      C) Is Identification (ID) Number Required On The Declaration Form?

      Yes, ID numbers such as Singapore NRIC number, passport number or foreign ID number are required for Individuals who hold their Units through Depository Agents.


      D) When Do We Submit Form R2?

      You may submit the Form R2 and the accompanying SITCs to Boardroom Corporate & Advisory Services Pte. Ltd. at any time.

      The trustee of ESR-REIT will collate the claims for refund submitted by the Depository Agents and make a claim for refund to the IRAS on a half-yearly basis (submission deadline is 30 June and 31 December). For example, all Forms received during the half-year ending 30 June 2025 will be submitted to the IRAS sometime in July 2025.


      E) Will An Amended Tax Certificate Be Issued For The Refund?

      No amended tax certificate will be issued.


      F) When Will We Receive The Tax Refund On Behalf Of The Beneficial Owners?

      The tax refund will be paid to Depository Agents as soon as practicable after receipt of the tax refund from the IRAS by the trustee of ESR-REIT. You can then proceed to make refunds to your respective beneficial owners.



      Download Form R2



Time Limit for Claim of Refund
   

Every claim of refund must be made to the IRAS within 4 years from the end of the year of assessment to which the claim relates. For example, for claim of refund in respect of distributions made by ESR-REIT for the period from 1 January 2020 to 30 June 2020 (which relates to the year of assessment 2021), the claim must be submitted to the IRAS on or before 31 December 2025. Unitholders and the Depository Agents must ensure that the relevant Forms are submitted on a timely basis to allow the trustee of ESR-REIT to make the refund claim within the prescribed time limit. IRAS will not process any claim that has exceeded the 4 years time frame.

Definitions
   

Definition of Qualifying Non-Resident Non-Individual

A Qualifying Non-Resident Non-Individual is a person (other than an individual) who is not a resident of Singapore* for income tax purposes and:

  1. who does not have a permanent establishment** in Singapore; or
  2. who carries on any operation in Singapore through a permanent establishment** in Singapore, where the funds used to acquire the ESR-REIT Units are not obtained from that operation.

Definition of Qualifying Non-Resident Fund

A Qualifying Non-Resident Fund is a fund that qualifies for tax exemption under section 13D, 13U or 13V of the Income Tax Act 1947 and is not a resident of Singapore* for income tax purposes and:

  1. who does not have a permanent establishment** in Singapore (other than a fund manager in Singapore); or
  2. who carries on any operation in Singapore through a permanent establishment** in Singapore (other than a fund manager in Singapore), where the funds used to acquire the ESR-REIT Units are not obtained from that operation.

*A company is not a tax resident in Singapore if the management and control of its business is exercised outside Singapore during the respective calendar year in which the distribution was made and there is no intention to change the management and control of its business to Singapore.
A non-resident fund refers to a fund that is a non-resident company, a partnership where all partners are non-residents, a trust administered by a non-resident trustee, or a non-resident entity.

**A permanent establishment is defined under the Singapore Income Tax Act 1947 as a fixed place where a business is wholly or partly carried on including a place of management, a branch, an office, a factory, a warehouse, a workshop, a farm or plantation, a mine, oil well, quarry or other place of extraction of natural resources, a building or work site or a construction, installation or assembly project. A person shall be deemed to have a permanent establishment in Singapore if it:

  1. carries on supervisory activities in connection with a building or work site or a construction, installation or assembly project; or
  2. has another person acting on the Unitholder's behalf in Singapore who:
    1. has and habitually exercises an authority to conclude contracts;
    2. maintains stock of goods or merchandise for the purpose of delivery on its behalf; or
    3. habitually secures orders wholly and almost wholly for the Unitholder or for such enterprises as are controlled by the Unitholder.

Definition of Exempt Non-Corporate Unitholder

An Exempt Non-Corporate Unitholder includes:

  1. a charity registered under the Charities Act 1994 or established by any written law; or
  2. a town council; or
  3. a statutory board; or
  4. a co-operative society registered under the Co-operative Societies Act 1979; or
  5. a trade union registered under the Trade Unions Act 1940; or
  6. a platform work association registered under Part 3 of the Platform Workers Act 2024; or
  7. an international organisation that is exempt from tax on such distributions by reason of an order made under the International Organisations (Immunities and Privileges) Act 1948.

1 Or which other date as may be applicable should the duration of the tax concession mentioned herein (i.e., the reduced rate of tax deduction) be subsequently extended. In this regard, it has been proposed in the 2025 Singapore Budget for the sunset date to be extended from 31 December 2025 to 31 December 2030.