S109D requires a REIT to deduct the necessary tax(26%) from the gross distribution and distributes the net amount to the non-resident company. The tax deducted has to be paid to the Inland Revenue within one month after distributing the net dividend. An account of the details of the recipient has to be accompanied with the remittance to the tax authorities.

Failure to deduct the tax and remitted to the Inland Revenu within one month  will result in:

• a penalty of 10% of the unpaid tax and
• both the tax deducted and the penalty are debts due to the Inland Revenue.
• note that prior to 2/9/2006, the penalty is imposed on gross distribution.

If you found this post useful, keep updated with future posts by subscribing to REITs (for free) through RSS or email.