§ 45G — Application of section 45 to distribution from any real estate investment trust

45G.—(1) Subject to subsections (2) and (3) and such conditions as the Comptroller may impose, section 45 applies in relation to any distribution by a trustee of any real estate investment trust or by a trustee of any approved REIT exchange‑traded fund —(a)

to any person (other than an individual) not known to the trustee to be resident in Singapore to whom section 43(3B), (3C), (3D) or (3E) applies; or

(b)

to any other person not known to the trustee to be —(i)

an individual;

(ii)

a company incorporated and resident in Singapore;

(iii)

a branch in Singapore of a company incorporated outside Singapore that has obtained the Comptroller’s approval for distributions to be made by the trust to it without deduction of tax; or

(iv)

a body of persons incorporated or registered in Singapore, including a charity registered under the Charities Act 1994 or established by any written law, a town council, a statutory board, a co‑operative society registered under the Co‑operative Societies Act 1979, a platform work association registered under Part 3 of the Platform Workers Act 2024 or a trade union registered under the Trade Unions Act 1940,

as that section applies to any interest paid by a person (X) to another person (Y) not known to X to be resident in Singapore and, for the purpose of such application, any reference in that section to interest is a reference to such distribution.

[45/2018; 32/2019]

[Act 30 of 2024 wef 01/11/2024]

(2) For the purpose of subsection (1)(a), the deduction of tax under section 45 is at the rate of 10% on —(a)

every dollar of a distribution by the trustee of the real estate investment trust made during the period from 18 February 2005 to 31 December 2030 (both dates inclusive); and[Act 25 of 2025 wef 08/12/2025]

(b)

every dollar of a distribution made by the trustee of the approved REIT exchange‑traded fund made during the period from 1 July 2018 to 31 December 2030 (both dates inclusive).[45/2018; 32/2019]

[Act 25 of 2025 wef 08/12/2025]

(3) For the purpose of subsection (1)(b), the deduction of tax under section 45 is at the applicable rate specified under section 43(1) on every dollar of such distribution.

(4) Subsection (1) does not apply to any distribution made by the trustee of the real estate investment trust or the trustee of the approved REIT exchange‑traded fund, where tax has been paid by the trustee on the income from which the distribution is made.[45/2018]

(4A) Subsection (1) does not apply to any distribution made on or after 1 January 2015 by a trustee of a real estate investment trust or a trustee of an approved REIT exchange‑traded fund to a branch in Singapore of a company incorporated outside Singapore and not known to the trustee to be resident in Singapore.[37/2014; 45/2018]

(4B) Subsection (1) does not apply to any distribution made to an organisation that is declared by an order under section 2(1) of the International Organisations (Immunities and Privileges) Act 1948 as an organisation of which the Government and the government or governments of one or more foreign sovereign Powers are members, if that distribution is exempt from tax by reason of that order.[34/2016]

(5) Subsection (1) does not apply to any distribution made during the period from 1 July 2018 to 31 December 2030 (both dates inclusive) by a trustee of a real estate investment trust to a trustee of an approved REIT exchange‑traded fund.[45/2018; 32/2019]

[Act 25 of 2025 wef 08/12/2025]

(6) In this section, “approved REIT exchange‑traded fund” and “real estate investment trust” have the meanings given by section 43(10).[45/2018]

—(1) Subject to subsections (2) and (3) and such conditions as the Comptroller may impose, section 45 applies in relation to any distribution by a trustee of any real estate investment trust or by a trustee of any approved REIT exchange‑traded fund —(a)

to any person (other than an individual) not known to the trustee to be resident in Singapore to whom section 43(3B), (3C), (3D) or (3E) applies; or

(b)

to any other person not known to the trustee to be —(i)

an individual;

(ii)

a company incorporated and resident in Singapore;

(iii)

a branch in Singapore of a company incorporated outside Singapore that has obtained the Comptroller’s approval for distributions to be made by the trust to it without deduction of tax; or

(iv)

a body of persons incorporated or registered in Singapore, including a charity registered under the Charities Act 1994 or established by any written law, a town council, a statutory board, a co‑operative society registered under the Co‑operative Societies Act 1979, a platform work association registered under Part 3 of the Platform Workers Act 2024 or a trade union registered under the Trade Unions Act 1940,

as that section applies to any interest paid by a person (X) to another person (Y) not known to X to be resident in Singapore and, for the purpose of such application, any reference in that section to interest is a reference to such distribution.

[45/2018; 32/2019]

[Act 30 of 2024 wef 01/11/2024]

(2) For the purpose of subsection (1)(a), the deduction of tax under section 45 is at the rate of 10% on —(a)

every dollar of a distribution by the trustee of the real estate investment trust made during the period from 18 February 2005 to 31 December 2030 (both dates inclusive); and[Act 25 of 2025 wef 08/12/2025]

(b)

every dollar of a distribution made by the trustee of the approved REIT exchange‑traded fund made during the period from 1 July 2018 to 31 December 2030 (both dates inclusive).[45/2018; 32/2019]

[Act 25 of 2025 wef 08/12/2025]

(3) For the purpose of subsection (1)(b), the deduction of tax under section 45 is at the applicable rate specified under section 43(1) on every dollar of such distribution.

(4) Subsection (1) does not apply to any distribution made by the trustee of the real estate investment trust or the trustee of the approved REIT exchange‑traded fund, where tax has been paid by the trustee on the income from which the distribution is made.[45/2018]

(4A) Subsection (1) does not apply to any distribution made on or after 1 January 2015 by a trustee of a real estate investment trust or a trustee of an approved REIT exchange‑traded fund to a branch in Singapore of a company incorporated outside Singapore and not known to the trustee to be resident in Singapore.[37/2014; 45/2018]

(4B) Subsection (1) does not apply to any distribution made to an organisation that is declared by an order under section 2(1) of the International Organisations (Immunities and Privileges) Act 1948 as an organisation of which the Government and the government or governments of one or more foreign sovereign Powers are members, if that distribution is exempt from tax by reason of that order.[34/2016]

(5) Subsection (1) does not apply to any distribution made during the period from 1 July 2018 to 31 December 2030 (both dates inclusive) by a trustee of a real estate investment trust to a trustee of an approved REIT exchange‑traded fund.[45/2018; 32/2019]

[Act 25 of 2025 wef 08/12/2025]

(6) In this section, “approved REIT exchange‑traded fund” and “real estate investment trust” have the meanings given by section 43(10).[45/2018]