Singapore legislation
Regulation 10
of Income Tax (Deduction for Acquisition of Shares of Companies) Regulations 2012
Regulation 10
Application to business trusts
Subregulation 1
Section 37L of the Act and regulations 2 to 9 (called in this regulation the applicable provisions) apply to a business trust registered under the Business Trusts Act (Cap. 31A) that satisfies the requirements in Part I of the Schedule, as they apply to an acquiring company, if the trustee-manager of the registered business trust has incurred capital expenditure to acquire ordinary shares in a target company in circumstances where, had the reference in that section to an acquiring company been to the trustee-manager or (as the context requires) the registered business trust, that section would have applied to it.
Subregulation 1A
For the purpose of paragraph (1), the applicable provisions specified in the second column of Part II of the Schedule are modified in the manner specified in the third column of Part II of the Schedule.
Subregulation 2
For the purposes of section 37L(19) of the Act —
where more than 50% of the units of a business trust are held directly, or indirectly through other business trusts, by one or more companies in a group of companies, the business trust shall be treated as if it were a company in the group of companies; and
where the shares of any company form any part of the trust property of the business trust, the business trust shall be treated as a company holding shares in the first-mentioned company, for the purpose of determining whether the first mentioned company is part of the group of companies.