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.
Eligible Unitholders are:
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.
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.
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.
No amended tax certificate will be issued.
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.
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.
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.
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.
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.
No amended tax certificate will be issued.
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.
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.
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 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.