KTM Station, Kuala Lumpur TAX_NEW_A 14/10/2005 3:35 PM Page 96 95 INCOME TAX (Scope of Taxation) BASIS PERIOD (Taxable Period) PERSONAL INCOME TAX Acknowledgement This booklet has been made possible with technical input and contribution from Mr Alan Yeo Miow Cheng, FCCA. The information provided in this booklet is based on taxation laws and other legislation, including legislative proposal and measures contained in the 2006 Malaysian Budget annoucement on 30 September 2005. The 2006 Budget proposals are in coloured italics. Whilst every effort has been made to ensure the accuracy of the content, ACCA does not take responsibility for the accuracy of information presented nor for any loss which may arise form information contained in this publication. @ACCA Printed October 2005 TAX_NEW_A 14/10/2005 3:35 PM Page 95 INCOME TAX (Scope of Taxation) BASIS PERIOD (Taxable Period) PERSONAL INCOME TAX Contents TAX INFORMATION 1 Income Tax (Scope of Taxation) 2 Basis Period (Taxable Period) 3 Personal Income Tax 4 Corporate Income Tax 5 Schedule 3 Allowances (Tax Depreciation) 6 Double Tax Agreements 7 Tax Incentives 8 Income Exempt from Tax 9 Real Property Gains Tax 10 Service Tax 11 Sales Tax 12 Import Duties 13 Export Duties 14 Excise Duties 15 Licensed Manufacturing Warehouse 16 Free Zone 17 Stamp Duty PAGE 4 PAGE 4 PAGE 5 PAGE 16 PAGE 21 PAGE 25 PAGE 27 PAGE 52 PAGE 56 PAGE 59 PAGE 63 PAGE 66 PAGE 67 PAGE 67 PAGE 68 PAGE 68 PAGE 69 1 INCOME TAX (Scope of Taxation) BASIS PERIOD (Taxable Period) PERSONAL INCOME TAX TAX INFORMATION (contd) 18 IRB Exchange Rates (Average Annual Rates) 19 List of Public Rulings Issued 20 Important Filing Dates ACCOUNTING INFORMATION 21 Financial Reporting Standards 22 Malaysian Approved Standards on Auditing 23 Recommended Practice Guides (RPG) 24 MIA By-Laws PAGE 73 PAGE 74 PAGE 76 PAGE 82 PAGE 84 PAGE 89 PAGE 89 Contents(contd) 2 TAX_NEW_A 14/10/2005 3:35 PM Page 2 3 TAX INFORMATION TAX_NEW_A 14/10/2005 3:35 PM Page 3 INCOME TAX (Scope of Taxation) BASIS PERIOD (Taxable Period) 4 1 INCOME TAX (Scope of Taxation) a) Income tax is charged on income accruing in or derived from Malaysia by a chargeable person. Remittance of foreign income by a person (other than b) is tax exempt. b) A resident company carrying on a business of banking, insurance, sea or air transport is charged to tax on a worldscope basis. c) Offshore company carrying on offshore business activity in or from Labuan is taxed under the Labuan Offshore Business Activity Tax Act 1990 (LOBATA) instead of the Income Tax Act 1967. Under LOBATA, it is taxed at the lower of 3% of accounting profit or RM20,000. 2 BASIS PERIOD (Taxable Period) a) Company, Co-operative or Trust Body Basis period (taxable period) shall be the financial year ending in that particular year of assessment, for example the accounting year ended 30 June 2005 shall constitute the basis period for Year of Assessment (Y/A) 2005. b) Individual and Person other than (a) above Basis period shall be the calendar year coinciding with the year of assessment, that is, for Y/A 2005, it shall be from 1 January 2005 to 31 December 2005. TAX_NEW_A 14/10/2005 3:35 PM Page 4 5 PERSONAL INCOME TAX 3 PERSONAL INCOME TAX 3.1 Tax Residence of Individuals An individual is regarded as a tax resident if he meets any of the following conditions: a) in Malaysia for 182 days or more in a calendar year; b) in Malaysia for a period of less than 182 days during the year (shorter period) and that period is linked to or by a period of 182 or more consecutive days (longer period) in the following or preceding year. Temporary absence from Malaysia for certain specified reasons are ignored, provided that the individual is in Malaysia before and after the temporary absence; c) in Malaysia for 90 days or more during the year and, in any 3 out of 4 immediately preceding years, he was either in Malaysia for at least 90 days or was resident in Malaysia; d) resident for each of the 3 immediate preceding years and also resident for the immediate following year. 3.2 Self Assessment System (From Y/A 2004) Under the Self Assessment System (SAS), the responsibility for assessing a persons tax liability is transferred from the Inland Revenue Board (IRB) to individual taxpayer. Tax Return Form B or BE for YA 2005 will be issued to individual taxpayers in January 2006 and will be due for submission not later than 30 April 2006 except for individual taxpayers with business source of income, the due date for tax filling is 30 June 2006. The submission of the Form B or BE is deemed to be a notice of assessment for which any balance of tax must be paid on or before the filling deadline. TAX_NEW_A 14/10/2005 3:35 PM Page 5 6 PERSONAL INCOME TAX 3.3 Rates from Y/A 2005 a) Resident individuals Chargeable Income Rate Tax Payable RM % RM On the first 2,500 0 0 On the next 2,500 1 25 On the first 5,000 25 On the next 15,000 3 450 On the first 20,000 475 On the next 15,000 7 1,050 On the first 35,000 1,525 On the next 15,000 13 1,950 On the first 50,000 3,475 On the next 20,000 19 3,800 On the first 70,000 7,275 On the next 30,000 24 7,200 On the first 100,000 14,475 On the next 150,000 27 40,500 On the first 250,000 54,975 Above 250,000 28 TAX_NEW_A 14/10/2005 3:35 PM Page 6 7 PERSONAL INCOME TAX b) Non-resident individuals Types of income Rate % i) Public Entertainers professional income 15* ii) Interest 15* iii) Royalty 10* iv) Special classes of income: - payment for services rendered in connection with use of property or installation or operation of any plant, machinery or other apparatus purchased from a non-resident person 10* - technical or management services fees for onshore services** 10* - rental of moveable property 10* v) Dividends and others 28* * Taxes collected by way of withholding tax ** Fees for training in the performance of art and production of craft be exempted for a period of 5 years, effective from 1-10-2005. 3.4 Personal Reliefs for Resident Individuals From Year of Types of relief Assessment 2005 RM a) Self 8,000 b) Disabled individual (additional) 6,000 c) Spouse 3,000 d) Alimony payment to former wife 3,000 e) Disabled spouse (additional) 3,500 TAX_NEW_A 14/10/2005 3:35 PM Page 7 8 PERSONAL INCOME TAX From Year of Types of relief (contd) Assessment 2005 RM f) Child i) each qualifying child (18 years and below of age) 1,000 ii) each qualifying child (over 18 years of age), receiving education at diploma level and above* or studying under articles or indentures in a trade or profession - in Malaysia 4,000 * automatic child relief of RM4,000 from Y/A 2006. - outside Malaysia, if higher education commenced: - before 17.10.1997 2,000 - from 17.10.1997 1,000 - from Y/A 2006, studying at degree level and above 4,000 iii) Child of East Malaysian studying in West Malaysia 4,000 g) Disabled child 5,000 - From Y/A 2006, disabled child studying at local institution of higher learning at diploma level and above. 9,000 - From Y/A 2006, disabled child studying outside Malaysia at degree level and above. 9,000 h) Life insurance premiums and EPF contributions 6,000 i) Insurance premiums for education or medical benefits 3,000 j) Premium on annuity purchased under EPF annuity scheme 1,000 TAX_NEW_A 14/10/2005 3:35 PM Page 8 9 PERSONAL INCOME TAX From Year of Types of relief (contd) Assessment 2005 RM k) Medical expenses for: i) parents 5,000 ii) self, spouse or child suffering from a serious disease (including fees of up to RM500 incurred for complete medical examination) 5,000 l) Fee expended on approved courses (extended to professional, accountancy and law courses from Y/A 2006) 5,000 m) Purchase of supporting equipment for a disabled person (self,child or parent) 5,000 n) Cost incurred for the purchase of books, journals, magazines and other similar publications for the purpose of enhancing knowledge 700 3.5 Tax Rebates RM a) Rebate for resident individuals whose chargeable income does not exceed RM35,000. i) where husband and wife are jointly assessed: - Individual 350 - Wife 350 ii) where husband and wife are separately assessed: - Individual 350 - Alimony payment to former wife 350 - Wife 350 b) Rebate for Zakat, Fitrah or other Islamic Actual amount religious dues paid expended in Malaysia TAX_NEW_A 14/10/2005 3:35 PM Page 9 10 PERSONAL INCOME TAX RM c) Rebate for purchase of personal computer (claimed once in every 5 years by individual or spouse) 500 d) Rebate for levies paid for employment pass, visit pass Actual amount (temporary employment), or work pass expended 3.6 Employment Income a) Derivation Employment income is regarded as derived from Malaysia: - i) the employment is exercised in Malaysia for any period of time; ii) the employee is on paid leave which is attributable to the exercise of an employment in Malaysia; iii) the employee performs duties outside Malaysia which are incidental to his employment in Malaysia; iv) a person is a director of a resident company in Malaysia; v) the employment is exercised on board an aircraft or ship operated by a person who is resident in Malaysia. b) Exemption (short term employees) Income of a non-resident from a employment in Malaysia is exempt: i) if the period of employment in Malaysia does not exceed 60 days in a calendar year, or ii) where the total period of employment which overlaps 2 calendar years does not exceed a continuous period of 60 days. iii) where a continuous period of employment of not more than 60 days together with another period does not exceed 60 days in aggregate. TAX_NEW_A 14/10/2005 3:35 PM Page 10 11 PERSONAL INCOME TAX c) Exemption (Tax Treaties) Employment income is tax exempt provided: i) an employee is present in Malaysia for a period of not more than 183 days (certain tax treaties provided only 120 days, for example, tax treaty with Singapore) ii) remuneration is paid by a non-resident person; and iii) remuneration must not be deductible against the taxable profit of a permanent establishment. d) Employees of AOHQ and RO Effective from Y/A 2003 expatriates working in Operational Headquarters (AOHQ) or Regional Offices (RO) based in Malaysia would be taxable on their employment income, on a time apportionment basis in accordance with the number of days spent in Malaysia. e) Types of Employment Income Taxable Value i) Section 13(1)(a) Cash remuneration, perquisite, Amount paid by allowance and employees employer pecuniary liability paid by employer. Employees Share Option Difference between Scheme market value and discounted price on the date of offer The lower of market value on the date exercisable or the date the share option is exercised less the price paid by employee, from Y/A 2006 TAX_NEW_A 14/10/2005 3:35 PM Page 11 12 PERSONAL INCOME TAX ii) Section 13(1)(b) Benefits not convertible into Public Ruling 2/2004 money. Certain benefits are exempted from tax iii) Section 13(1)(c) Unfurnished accommodation* Lower of 30% x Section 13(1)(a) or defined value of accommodation Hotel accommodation 3% x Section 13(1)(a) iv) Section 13(1)(d) Unapproved Fund/Scheme Employers portion of contribution v) Section 13(1)(e) Compensation of loss of Exempted if due to ill employment health approved by the 1RB. Otherwise, exemption of RM6,000 for each completed years of service. * Furnishing is taxed under Section 13(1)(b) f) Public Ruling (Benefits-In-Kind) Benefits-in-kind (BIK) provided to employee by the employer shall be determined by: - i. the formula method; or ii. the prescribed value method. i) Formula method Each benefit provided is ascertained as follows: - aa) Assets other than motor car Cost of the asset = Annual value of the benefit Prescribed average life span of the asset 13 PERSONAL INCOME TAX bb) Motor Car Cost of the Motor Car x 80% = Annual value of the benefit Prescribed average life span Items Prescribed average life span Years Motorcar 8 Furnishings: Air conditioner 8 Curtains & carpets 5 Furniture 15 Refrigerator 10 Sewing machine 15 Kitchen utensils/equipment 6 Entertainment and recreation: Colour television 7 Organ 10 Piano 20 Stereo set 7 Swimming pool 15 Sauna 15 Video 7 Others: For example, Mobile telephone 5 ii) Prescribed Value Method The above method can be used as an alternative to determine the taxable BIK provided by the employer to his employee. TAX_NEW_A 14/10/2005 3:35 PM Page 13 14 PERSONAL INCOME TAX Prescribed Value Method (Motor Car): Annual Cost of car value of private (when new) usage of car Fuel per annum RM RM RM Up to 50,000 1,200 600 50,001 75,000 2,400 900 75,001 100,000 3,600 1,200 100,001 150,000 5,000 1,500 150,001 200,000 7,000 1,800 200,001 250,000 9,000 2,100 250,001 350,000 15,000 2,400 350,001 500,000 21,250 2,700 500,001 and above 25,000 3,000 Where fuel is provided without motorcar, the actual value of the fuel provided is treated as the benefit received. Prescribed Value Method (Other Assets): RM aa) Household furnishings, apparatus & appliances - Semi-furnished with furniture 70 per month in the lounge, dining room and bedroom - Semi-furnished as above and 140 per month with air conditioners or carpets or curtains - Fully furnished 280 per month bb) Mobile Phone - Hardware 300 p.a. - Rental & charges 300 p.a. cc) Domestic servant 4,800 p.a. dd) Gardener 3,600 p.a. ee) Driver 7,200 p.a. TAX_NEW_A 14/10/2005 3:35 PM Page 14 15 PERSONAL INCOME TAX iii) Consistency Whichever method is used, the basis of computing the benefits (whether the formula method or the prescribed value method) must be consistently applied throughout the period of the provision of the benefits. Prescribed Formula Method Value Method 1) Provided to employee Time Time for less than a year apportionment apportionment 2) Shared with another Apportion Apportion employee accordingly accordingly 3) Used for purpose of To reduce value No the business of by business Adjustment employer portion 4) Employee required to To reduce the No pay employer for the annual value of Adjustment benefits provided the benefits 5) Where a motorcar No adjustment To reduce the provided is more annual benefits 5 years old by 50%. No adjustment for the taxable benefits of fuel. TAX_NEW_A 14/10/2005 3:35 PM Page 15 16 PERSONAL INCOME TAX CORPORATE INCOME TAX iv) Collection of tax aa) Taxes are collected from employees through compulsory monthly deductions from salary under the Schedule Tax Deduction (STD) system. bb) Individuals receiving non-employment income are required to pay by compulsory six bi-monthly instalments. cc) Any balance of tax for a year of assessment must be paid by 30 April or 30 June (with business source) following the year of assessment. 4 CORPORATE INCOME TAX a) Residence status A company is tax resident in Malaysia if its management and control is exercised in Malaysia. Management and control is normally considered to be exercised at the place where directors meetings are held for policy decision. b) Income tax rates From Year of assessment 2005 i) Resident companies Rate % aa) Having a paid-up ordinary share capital of RM2.5 million or less. Chargeable Income On the first RM500,000 20 In excess of RM500,000 28 bb) Other companies Chargeable Income 28 TAX_NEW_A 14/10/2005 3:35 PM Page 16 17 CORPORATE INCOME TAX From Year of assessment 2005 ii) Non-resident companies Rate % Royalties 10 Rental of moveable properties 10 Technical or management service fees 10 (Only fees for onshore technical or management services) Interest 15 Dividends 28 Business and other income 28 Where the recipient is resident in a country which has a double tax treaty with Malaysia, the tax rates for specific sources of income may be reduced. c) Self Assessment System (From Y/A 2001) i) Submission of returns and assessment aa) Tax returns (Form C & R) are required to be submitted within 7 months from the date of closing of accounts. bb) On submission of the return, an assessment is deemed to have been made on the company. The return is deemed to be a notice of assessment, which is deemed to be served on the company on the day that it is submitted. ii) Collection of tax aa) Payment of tax by 12 *equal monthly instalments has to be made, beginning from the second month of the companys basis period (taxable period). An estimate of tax payable for the year of assessment must be furnished to the Director General one month before the beginning of the basis period. From Y/A 2006, an estimate should not be less than 85% of the previous years estimate or revised estimate. TAX_NEW_A 14/10/2005 3:35 PM Page 17 18 bb) The balance of tax payable by a company is due to be paid on the last day by which the return must be submitted. * Number of instalments shall be increased or reduced depending on the number of months of basis period (taxable period) for a year of assessment. iii) Tax on interest, royalties, rental of moveable properties and technical or management service fees for onshore services received by non-resident companies are collected by means of withholding tax. The withholding tax is payable within one month of crediting or paying to the non-resident company. 4.1 Dividend (Profits Distribution) a) Malaysia adopts an imputation tax system for distribution of non-exempt dividend. b) From YA 2001, the concept of available credit for purposes of franking a distribution of dividend is changed from tax chargeable on a company to tax paid by the company up to the end of the basis period for a year of assessment. i) A "new" dividend franking account is created from Y/A 2001 and is kept separate from the "old" dividend franking account (for years of assessment prior to year of assessment 2001). ii) The balance of credit in the old dividend franking account shall be reduced by the amount of tax deducted in respect of dividend paid, credited or distributed on or after 1 January 2001 until the balance is fully utilised. CORPORATE INCOME TAX For property developers, estimated losses of low cost housing project be set-off against estimated profits of other property development project in the above estimates. TAX_NEW_A 14/10/2005 3:35 PM Page 18 19 CORPORATE INCOME TAX iii) Where the tax franking for a dividend payment exceeds the available tax credits, the shortfall becomes a debt due to the IRB payable not later than 7 months after the companys financial year ending. 4.2 a) Business Losses Business losses can be set off against the Aggregate Income (income from all sources) in the current year. Any unutilised losses can be carried forward to reduce income from any business source for the subsequent years until it is fully utilised. b) Unabsorbed Capital Allowances Unabsorbed capital allowances can be carried forward to reduce adjusted income for the same business source for the subsequent years until it is fully utilised. Ununtilised business losses and unabsorbed capital allowances of a company are not allowed to be carried forward where there is a change of more than 50% shareholdings in the company. 4.3 Group Relief No group relief in Malaysia other than group relief available in respect of certain approved projects, for example approved food production, forest plantation, biotechnology, nanotechnology, optics and photonics. Companies granted group relief incentive before Y/A 2006 for the above activities shall continue to set-off their income against 100% of losses incurred by their subsidiaries. From Y/A 2006, group relief be available to all resident companies where 50% of the current year business loss can be set off against the Aggregate Income of another company within the same group, subject to the following conditions: TAX_NEW_A 14/10/2005 3:35 PM Page 19 20 a) the claimant (CC) and the surrendering companies (SC) each has a paid-up capital of ordinary shares exceeding RM2.5 million. b) both CC and SC must have the same accounting period. c) shareholdings (direct or indirect) of SC and CC in the group must not be less than 70%. d) the 70% shareholding must be on a continuous basis for the preceding year and the relevant year. e) losses resulting from acquisition of proprietary rights or a foreigner owned company be excluded for purpose of group relief. f) Companies currently enjoying the following incentives are not eligible for group relief:- i) Pioneer Status ii) Investment Tax Allowance/Investment Allowance iii) Reinvestment Allowance iv) Exemption of shipping income v) Section 127 exemption vi) Deduction for Investment in an Approved Food Production Project. 4.4 Business Income and Deductions a) Business profits are computed on the basis of general accepted accounting principles as modified by certain tax adjustments to arrive at the adjusted business income. b) Generally, deduction is allowed for all outgoings and expenses wholly and exclusively incurred in the production of income for the basis period for a year of assessment. CORPORATE INCOME TAX TAX_NEW_A 14/10/2005 3:35 PM Page 20 21 CORPORATE INCOME TAX SCHEDULE 3 ALLOWANCES [Tax Depreciation] c) Deductions which are specifically disallowed include: i) Domestic or private expenses ii) Capital expenditure iii) General provisions iv) Depreciation and amortisation of capital assets. v) Expenditure not wholly and exclusively incurred. vi) Contribution to unapproved fund/scheme. vii) Contribution to approved schemes in excess of 19% of employees remuneration. viii) Payment made to non-resident person where withholding tax provisions have not been compiled with. ix) Payment to a person other than the State Government or statutory authority for the use of a license or permit to extract timber from a forest. x) Lease rental for passenger cars exceeding RM50,000 or RM100,000, the latter amount only apply to new vehicle costing not more than RM150,000. xi) 50% of entertainment expenses with certain exception. xii) Leave passage (cost of fare) xiii) Interest expenses not attributable to business. xiv) Pre-commencement expenses xv) Incorporation expenses with an authorised capital exceeding RM2.5 million. 5 SCHEDULE 3 ALLOWANCES [Tax Depreciation] 5.1 Capital Allowances (Plant & Machinery) a) Qualifying plant expenditure includes i) cost of assets used in a business, include plant and machinery, motor vehicles, office equipment, furniture and fittings, motor vehicles. ii) the cost of construction and installation of plant and machinery. iii) expenditure on fish ponds, animal pens, cages and other structures used for pastoral pursuits. TAX_NEW_A 14/10/2005 3:35 PM Page 21 22 b) Rates of annual allowances From Year of Assessment Assets (Other than small value assets) 2005 % Heavy machinery 20 Motor vehicles (including non-commercial vehicle) 20 General plant and machinery 14 Office equipment, Furniture and fixtures 10 c) Maximum qualifying expenditure for motorcar Maximum RM i) New vehicles purchased on or after 100,000 28 October 2000 where on-the-road price does not exceed RM150,000 ii) Other vehicles (secondhand vehicle or vehicle 50,000 costing more than RM150,000) d) i) Initial allowance (normally at 20%) is granted in the year the qualifying expenditure is incurred and the asset is in use for the purpose of the business. ii) Annual allowance at the prescribed rates calculated on qualifying expenditure (cost) is given at the end of each relevant year during which the asset is in use for the purpose of the business. iii) Claimant of initial and annual allowances must be owner of the asset. iv) Expenditure on assets with life spans of not more than 2 years is claimed under a replacement basis instead of capital allowance. e) Accelerated Depreciation Allowance Certain assets are claimed at an accelerated rates of initial or annual allowance, for example computers, assets used for environmental protection or energy conservation, assets acquired for providing natural gas for vehicles, assets used to ensure quality of power supply. SCHEDULE 3 ALLOWANCES [Tax Depreciation] TAX_NEW_A 14/10/2005 3:35 PM Page 22 23 SCHEDULE 3 ALLOWANCES [Tax Depreciation] From Y/A 2006, purchase of moulds used in the production of Industrial Building system components be fully written off over a period of 3 years. f) Small value assets (from Y/A 2006) Value of each qualifying asset of not more than RM1,000 shall be given capital allowance of 100%. Total qualifying plant expenditure of such assets shall not exceed RM10,000. 5.2 Industrial Building Allowance a) Qualifying Building Expenditure (QBE) QBE for purposes of industrial building allowance is the cost of construction of buildings or structures which are used as industrial buildings. Before Y/A 2005, QBE for purchased building has to take into account a number of factors, including the purchase price, the cost of construction, and whether it was used as an industrial building one month before the date of purchase. Effective from YA 2005, in the case of a purchased building the purchase price shall be taken to be QBE. b) Types of industrial buildings An industrial building includes a building used: i) as a factory ii) as a dock, wharf, jetty iii) as a warehouse iv) for working a farm v) for working a mine vi) for supplying water or electricity, or telecommunication facilities vii) for approved research and approved training viii) as a private hospital, maternity home and nursing home which is licensed under the law ix) for a school or an educational institution approved by the Minister of Education TAX_NEW_A 14/10/2005 3:35 PM Page 23 24 SCHEDULE 3 ALLOWANCES [Tax Depreciation] x) as a hotel, and that hotel is registered with the Ministry of Culture, Arts and Tourism xi) as an old folks care center approved by the Social Welfare Department c) The Finance Minister may prescribe a building that is used for the purpose of a persons business as an industrial building, and the rate to be allowed. From Y/A 2006, new buildings occupied by MSC status companies in Cyberjaya shall be given IBA for a period of 10 years. d) Other qualifying capital expenditure Expenditure on construction or purchase of the following, including expenditure on extension or improvement of ancillary structures i) an airport ii) an approved motor racing circuit e) An office building will qualify provided that it forms part of an industrial building and its cost does not exceed 10% of the total building expenditures. f) Rates of industrial building allowance Initial Annual allowance allowance (AA) % % i) Whether constructed or 10 3 purchased ii) Where AA has been claimed for years prior to YA 2002 in respect of an industrial building, and that allowance was calculated based on a permitted fraction (PF), AA for that building from YA 2002 is claimed at the higher of: - aa) 3% x QE; or bb) PF TAX_NEW_A 14/10/2005 3:35 PM Page 24 25 DOUBLE TAX AGREEMENTS 6 DOUBLE TAX AGREEMENTS Rate of withholding tax Technical Royalties Interest Fees % % % Albania 10 10 10 Argentina 10 15 10 Australia 10 15 NIL Austria 10 15 10 Bahrian 8 5 10 Bangladesh 10 15 10 Belgium 10 10 10 Canada 10 15 10 China, Peoples Republic 10 10 10 Croatia 10 10 10 Czech Republic 10 12 10 Denmark 10 15 10 Egypt 10 15 10 Fiji 10 15 10 Finland 10 15 10 France 10 15 10 Germany 10 15 NIL Hungary 10 15 10 India 10 10 or 15 10 Ireland 8 10 10 Indonesia 10 15 10 Iran 10 15 10 Italy 10 15 10 Japan 10 10 or15 10 Jordan 10 15 10 South Korea 10 15 10 Kyrgyz Republic 10 10 10 Lebanon 8 10 10 Luxembourg 8 10 8 TAX_NEW_A 14/10/2005 3:35 PM Page 25 26 DOUBLE TAX AGREEMENTS Rate of withholding tax Technical Royalties Interest Fees % % % Malta 10 15 10 Mauritius 10 15 10 Morocco 10 10 10 Mongolia 10 10 10 Myanmar 10 10 10 Nambia 5 10 5 Netherlands 8 10 8 New Zealand 10 15 10 Norway NIL 15 10 Pakistan 10 15 10 Papua New Guinea 10 15 10 Philippines 10 15 10 Poland 10 15 10 Romania 10 15 10 Saudi Arabia 10 15 10 Seychelles 10 10 10 Singapore 8 or 10 10 or 15 5 or 10 Sri Lanka 5 or 10 10 or 15 10 Sudan 5 or 10 10 10 Switzerland 10 10 10 Sweden 8 or 10 10 or 15 8 or 10 Taiwan 10 10 7.5 Thailand 10 15 10 Turkey 10 15 10 USSR 10 15 10 United Arab Emirates 10 5 10 United Kingdom 8 or 10 10 or 15 8 or 10 USA 10 15 10 Uzbekistan 10 10 10 Vietnam 10 10 10 Zimbabwe 10 10 10 TAX_NEW_A 14/10/2005 3:35 PM Page 26 27 DOUBLE TAX AGREEMENTS TAX INCENTIVES 7 TAX INCENTIVES 7.1 Pioneer Status or Investment Tax Allowance (ITA) a) Normal Exemption i) Companies intending to participate in a promoted activity or producing a promoted product may apply for either one of the above incentives. ii) The above incentive is available to manufacturing, agricultural, hotel, tourist, and other industrial sectors. iii) For agricultural sector, it is available to person including agro-based co-operative society, sole proprietorship, partnership, an Area, National or State Farmer Association and an Area, National or State Fishermen Association. iv) ITA an alternative to Pioneer Status, is suitable for those industries which are capital intensive. Pioneer status ITA Tax exemption on 70% of 60% of qualifying capital statutory income for 5 years expenditure (QCE) incurred from production day within 5 years from date of approval can be used to exempt up to 70% statutory income Notes: The above rates may be reduced to NIL where provided in DTA, for example, payments made in respect of: - a) Approved royalties b) Approved industrial royalties c) Approved loan interest There is no withholding tax on dividends paid by Malaysian companies. Tax sparing relief (deemed credit) available for certain tax treaties concluded. TAX_NEW_A 14/10/2005 3:35 PM Page 27 28 v) CHOOSING THE RIGHT INCENTIVE PIONEER INVESTMENT STATUS TAX ALLOWANCE 1) Projected profit for Fairly accurate Not affected if the 5 year period wrongly forecasted. 2) Losses, suffered Affect the tax Does NOT affect during the 5 year exempt income. the tax exempt period Unabsorbed income. Unabsorbed losses shall NOT losses can be be allowed to be carried forward until carried forward to fully utilised. post pioneer period.* 3) Capital Intensive Should NOT Should be 4) Long Gestation NOT suitable Not affected. Period 5) Unabsorbed Cannot be carried Can be carried Capital forward to post forward until fully Allowance pioneer period.* utilised. 6) Tax Exempt Depends on the Depends on the Amount pioneer income of amount of Qualifying the 5 year period. Capital Expenditure incurred. Unutilised ITA (N% x QCE) can be carried forward until fully utilised. * Where pioneer period end on or after 1-10-2005 pioneer losses and capital allowances unutilised be allowed to be carried forward to post pioneer period. TAX INCENTIVES TAX_NEW_A 14/10/2005 3:35 PM Page 28 29 TAX INCENTIVES b) Enhanced Exemptions i) aa) Approved projects located in promoted areas such as Kelantan and Terengganu, designated areas in Pahang, North Eastern Johore, Sabah and Sarawak. Pioneer status ITA Previously - Previously - Tax Exemption on 85% statutory ITA of 80% of QCE incurred income for 5 years over 5 years can be used to exempt 85% statutory income. Application received by MIDA Application received by MIDA from 13 September 2003 from 13 September 2003 to 31 December 2005* 2003 to 31 December 2005* Tax Exemption on 100% ITA of 100% of QCE incurred statutory income for 5 years. over 5 years can be used to exempt 100% statutory income. * Extended for another 5 years to 31 December 2010. bb) Manufacturing activities relocated to promoted areas in the Eastern Corridor of Peninsular Malaysia, Sabah & Sarawak. (Where applications received by MIDA from 11 September 2004) Pioneer status ITA Tax exemption on 100% of ITA of 100% of QCE incurred statutory income for 5 years. over 5 years can be used to exempt 100% of statutory income. TAX_NEW_A 14/10/2005 3:35 PM Page 29 30 ii) aa) A project of national and strategic importance involving heavy capital investment extensive linkages and which has significant impact on the Malaysian economy. bb) High technology companies qualifying for Multimedia Super Corridor (MSC) status located in the MSC corridor are considered a project of national and strategic importance. MSC corridor is extended to Bayan Lepas, Penang, and Kulim High Technology Park, Kedah. Pioneer status ITA Tax exemption on 100% of ITA of 100% of QCE incurred statutory income for 5 years. over 5 years can be used to With a further extension of exempt 100% of statutory 5 years. income. iii) aa) Companies producing approved intermediate goods. bb) High technology projects (i.e. projects in new and emerging technologies such as advanced electronics, biotechnology and aerospace) and companies granted Strategic Knowledge-based Status. Pioneer status ITA Tax exemption on 100% of ITA of 60% of QCE incurred statutory income for 5 years. over 5 years can be used to exempt 100% of statutory income. TAX INCENTIVES TAX_NEW_A 14/10/2005 3:35 PM Page 30 31 TAX INCENTIVES iv) Companies providing technical or vocational training* in Malaysia. Pioneer status ITA None ITA of 100% of QCE incurred over 10 years can be used to exempt 70% of statutory income. * Extended to qualifying science courses from 1-10-2005 v) Companies producing specified machinery and equipment. Pioneer status ITA 100% of statutory income 100% of QCE incurred over for 10 years. 5 years can be used to exempt 100% of statutory income. c) Other Exemptions i) Companies reinvesting in: aa) production of machinery and equipment including heavy or specialised machinery, equipment and machine tools bb) cold chain facilities and services for perishable agricultural produce TAX_NEW_A 14/10/2005 3:35 PM Page 31 32 1) Located outside promoted areas: Pioneer status ITA 70% on increase statutory 60% on additional QCE income for 5 years incurred within 5 years can be used exempt 70% of statutory income 2) Located in promoted areas: Pioneer status ITA 100% on increase statutory 100% on additional QCE income for 5 years incurred within 5 years can be used exempt 100% of statutory income ii) Companies with halal certification from JAKIM and other quality certification producing halal food Pioneer status ITA None. 100% of QCE incurred within 5 years can be exempt 100% of statutory income iii) Selected companies recommended by the Multimedia Development Corporation (MDC) undertaking ICT and multimedia activities outside the Cybercities be given the following incentive from 1-10-2005. Pioneer status ITA Exemptionof 50% Statutory 50% of QCE incurred within 5 Income for a period of 5 years years used to exempt 50% of statutory income TAX INCENTIVES TAX_NEW_A 14/10/2005 3:35 PM Page 32 33 TAX INCENTIVES 7.2 Reinvestment Allowance a) A Malaysian resident company which: i) is in operation at least 12 months; ii) has incurred QCE on factory, plant and machinery used in Malaysia for the purpose of a qualifying project. b) The following entities are also eligible: i) an agro-based co-operative society ii) an Area, National or State farmers association iii) an Area, National or State fishermens association. c) A qualifying project must be for manufacturing or processing, approved industrial adjustment or agriculture and it is for purpose of: - i) expansion of production capacity; ii) modernisation of production facilities; iii) diversification into related products or iv) automating existing business of manufacturing or processing. d) Rearers of chickens and ducks who undertake a project in transforming the chicken/duck rearing business from an open house to a closed house system (verified by the Minister of Agriculture) are also eligible. Effective from Y/A 2005, it is extended to rearers of parent and grand parent stock of chicken and ducks approved by Ministry of Agriculture and Agro-based Industry. e) Exemptions i) RA of 60% on QCE used to exempt 70% of statutory income. ii) Available for 15 years beginning from the year of assessment in which reinvestment allowance was first claimed. TAX_NEW_A 14/10/2005 3:35 PM Page 33 34 f) Enhanced exemption for RA is claimable by companies with projects located in a promoted area (Sabah, Sarawak, Labuan, Kelantan, Terengganu, Pahang, and the District of Mersing in Johor.) i) RA of 60% on capital expenditure used to exempt 100% of statutory income. 7.3 Industrial Adjustment Programme a) Companies in operation before 31.12.1990 undertaking an approved industrial adjustment programme. It includes modernisation, mergers, takeovers, relocation and diversification with a view to: i) strengthening industrial self-sufficiency ii) improving industrial technology iii) increasing productivity iv) enhancing the efficient use of natural resources v) efficient management of manpower. b) Exemptions i) Industrial Adjustment Allowance (IAA) of up to 100% of QCE on factory, plant and machinery incurred within 5 years from the date of approval used to exempt 100% adjusted income. ii) Reinvestment Allowance (RA) of 60% of QCE (IAA and RA are mutually exclusive) used to exempt 70% statutory income. iii) Double deduction for training and research and development (R&D). iv) Industrial Building Allowance for buildings used for training or R&D. 7.4 Infrastructure Allowance a) A Malaysian resident company which has incurred capital expenditure on infrastructure in respect of a business operation in a promoted area. "Infrastructure" includes a bridge, jetty, port or road. TAX INCENTIVES TAX_NEW_A 14/10/2005 3:35 PM Page 34 35 TAX INCENTIVES b) Exemptions i) 100% of QCE used to exempt 85% statutory income each year until fully utilised. ii) For pioneer company, QCE shall be deemed incurred in the post pioneer period. 7.5 Approved Services Project (ASP) a) Resident companies in communication, utilities and transportation services subsectors approved by the Minister of Finance. b) Exemptions i) aa) Investment Allowance (IA) of 60% of QCE incurred within 5 years from the date QCE was first incurred. IA can be used to exempt 70% of statutory income; or bb) Exemption of 70% of statutory income for 5 years under section 127 of the Income Tax Act 1967. ii) IBA for buildings constructed or purchased for ASP purposes. iii) Exemption from customs duty and sales tax on imported material and machinery which is not available locally, or, if locally purchased, such items must be used as direct inputs in ASP. iv) Double deductions for expenses incurred: aa) in undertaking of R&D activities; bb) on promotion of export of services. c) Enhanced Exemptions: i) Projects located in Sabah, Sarawak and Eastern Corridor of Peninsular Malaysia. TAX_NEW_A 14/10/2005 3:35 PM Page 35 36 Investment allowance Section 127 exemption - 80% of QCE can be used to - 85% of statutory income exempt 85% of statutory for 5 years income ii) Projects of national and strategic importance Investment allowance Section 127 exemption - 100% of QCE can be used - 100% of statutory income to exempt 100% of statutory for 10 years income 7.6 Increased Export Allowance a) Resident companies engaged in manufacturing or agriculture, which has exported manufactured products or agriculture produce in the basis period for the year of assessment. b) Exemptions i) Export allowance at the following rates can be used to exempt 70% statutory income. % of value Export Allowance added (% of increased exports) Manufactured products 30 10 50 15 Agricultural produce - 10 Designated Qualifying - 50 Services ii) Value added means ex-factory price less total cost of raw materials. iii) Unabsorbed export allowance can be carried forward. TAX INCENTIVES TAX_NEW_A 14/10/2005 3:35 PM Page 36 37 TAX INCENTIVES c) Enhanced Exemption Effective from YA 2003, tax exemption on statutory income is available at the following rates: i) 30% of increased export value if a company achieves a significant increase in exports; ii) 50% of increased export value if a company penetrates new markets; iii) full tax exemption on increased export value if a company achieves the highest increase in exports. 7.7 International Trading Company a) Eligibility i) Company incorporated in Malaysia; ii) Minimum annual sales turnover of at least RM10,000,000; iii) Minimum 60% equity owned by Malaysians; iv) Market goods manufactured by small and medium scale industry; and v) Registered with MATRADE. b) Exemptions Income tax exemption equivalent to 20% of the increased export value used to exempt 70% statutory income, for 5 years. Exempt dividend can be distributed for incentives from 7.1 to 7.7 TAX_NEW_A 14/10/2005 3:35 PM Page 37 38 7.8 Approved Agricultural Project (Abolished from Y/A 2006) a) i) Minimum hectarage of land for specified crops. ii) Capital expenditure incurred within the stipulated time (which would be entitled to agriculture allowances) but an election be made to claim under this deduction. b) Exemptions i) 100% of QCE deducted from Aggregate Income of a person. ii) Unabsorbed expenditure can be carried forward to set off against future income (defined aggregate) until fully utilised. Benefits enjoyed by any person before Y/A 2006 for the above shall continue to be given until the stipulated time expires. 7.9 Accelerated Capital Allowance (ACA) a) i) Manufacturing and food producing companies engaged in production of promoted products. ii) Companies undertaking waste recycling activities. b) i) ACA on capital expenditure, granted on expiry of reinvestment allowance. ii) ACA on waste recycles equipment. 7.10 Unit Trust a) Non-taxable gains from realisation of investments; b) Exemption from income tax on interest income from specified securities and deposits with licenced financial institutions. c) Special capital allowance on plant and machinery used in property-letting business. TAX INCENTIVES TAX_NEW_A 14/10/2005 3:35 PM Page 38 39 TAX INCENTIVES d) Deduction of up to 25% of certain permitted expenses not normally deductible for income tax purposes. e) Distributions of exempt income to unit holders. 7.11 Closed-End Fund Company a) Public limited company incorporated in Malaysia and approved by the Securities Commission to engage wholly in investment in securities. b) Exemptions i) Exemption from income tax on gains from realisation of investments and interest income. ii) Deduction of up to 25% of only certain permitted expenses. iii) Tax exempt dividends can be paid out of exempt income. 7.12 Real Estate Investment Trust (REIT) a) Trust fund must be approved by Securities Commission. b) Exemptions i) Real property gains tax from disposal of real property to REIT. ii) Stamp duty on instrument of transfer of real property to REIT. iii) Income distributed by REIT to unit holders shall be tax exempt at REIT level (undistributed total income will be taxed at 28%). c) Fees for consultancy, legal and valuation services incurred in the establishment of REIT be allowed as tax deduction. TAX_NEW_A 14/10/2005 3:35 PM Page 39 40 7.13 Approved Unit Trust a) Unit trust approved by the Minister of Finance. b) Tax exemption for approved unit trust. c) Dividends from approved unit trust is tax exempt at unit holder level. 7.14 Venture Capital Industry a) Exemptions i) Venture Capital Company (VCC) investing in venture companies (VC) involved in promoted products or activities. ii) VCC and VC should not be companies within the same group. iii) At least 70% of funds must be invested in early stage financing of venture companies. iv) Tax exemption on statutory income from all sources (other than interest) for 10 years or the life of the fund, whichever is the lesser. b) Deductions of investment i) Any resident person investing in venture companies involved in promoted products and activities. ii) Resident VCC and VC should not be companies within the same group iii) Funds must be invested in the early stage financing of venture companies. iv) Individual means individual who has a business sources. v) Holding of investment for at least 2 years. c) Others (From Y/A 2003) Company that professionally manages venture capital funds (venture capital management company) be given tax exemption on income arising from profit-sharing agreement with venture capital company. TAX INCENTIVES TAX_NEW_A 14/10/2005 3:35 PM Page 40 41 TAX INCENTIVES 7.15 Foreign Fund Management Company a) Company incorporated in Malaysia and licensed under the Securities Industry Act 1983. b) Providing fund management services to foreign investors, or to both foreign and local investors. c) Chargeable income from a source relating to provision of management services to foreign investors is taxed at a concessionary rate of 10%. d) 90% of chargeable income credited to tax exempt account may be paid to shareholders as exempt dividend. 7.16 Conference Promotion a) i) Company incorporated in Malaysia promoting conferences held in Malaysia. ii) Bringing in at least 500 foreign participants per annum. b) Tax exemption on income derived from bringing at least 500 foreign participants per annum. 7.17 International Trade Exhibition a) i) Organisers of international trade exhibitions held in Malaysia. ii) Exhibition approved by MATRADE. iii) At least 500 foreign visitors per year. b) Income tax exemption for income from organisation of the exhibition. TAX_NEW_A 14/10/2005 3:35 PM Page 41 42 7.18 Rental of Luxury Yachts a) Company providing chartering services of luxury yachts. b) Tax exemption for 5 years 7.19 Income from Group Inclusive Tours (up to Y/A 2006) a) Resident carrying on an inbound tour operating business approved and registered with the Ministry of Culture, Arts and Tourism. b) Tax exemption on income from such tours where the total number of inbound tourists from outside Malaysia is 500 or more for the period. 7.20 Income from Domestic Tours (up to Y/A 2006) a) Companies organising domestic tour packages. b) Tax exemption on income from domestic tour packages where the total number of local tourists is 1,200 or more per year. 7.21 Deemed Industrial Building a) Hotel business carried on by pioneer company or company enjoying investment tax allowance. b) Hotel building of approved standard in Malaysia. c) Extending or modernising an existing hotel building to approved standard in Malaysia. TAX INCENTIVES TAX_NEW_A 14/10/2005 3:35 PM Page 42 43 TAX INCENTIVES 7.22 Approved Regional Distribution Center (RDC) a) Company incorporated in Malaysia i) Paid-up capital of at least RM500,000 ii) Annual turnover of RM100 million or more iii) Located in free zones, licensed warehouse or licensed manufacturing warehouse. b) i) Statutory income exempted for 10 years except for local sales exceeding 20%. ii) Import duty and sales tax exemption on goods for distribution. iii) Expatriate posts granted based on needs. iv) Tax exempt dividends may be paid out of exempt income. 7.23 International Procurement Centre (IPC) a) Company incorporated in Malaysia with: i) minimum paid-up capital of RM500,000; ii) minimum total business spending of RM1,500,000 per year; iii) direct goods handling through Malaysian ports and airports; iv) minimum turnover of at least RM50 million by third year of operation. b) i) Import of raw materials, components of finished products without customs duties payment into Free Zones or licensed manufacturing warehouse for repacking, cargo consolidation and integration before distribution to final consumers; ii) Expatriate posts granted based on needs; iii) One or more foreign currency account to retain export proceeds allowed; iv) Approval for foreign exchange forward contracts; v) The income tax incentives for RDC are also applicable to IPC where turnover exceeds RM100 million. TAX_NEW_A 14/10/2005 3:35 PM Page 43 44 7.24 Approved Operational Headquarters (AOHQ) Company a) Malaysia incorporated company i) Providing qualifying services to related companies outside Malaysia; ii) Paid-up capital of at least RM500,000; iii) Total annual business spending of at least RM1.5 million; and iv) Approved by the Minister of Finance. b) i) Income tax exemption for 10 years except for income from related companies in Malaysia exceeding 20% of total AOHQs income. ii) Exempt dividends can be declared from the exempt account. 7.25 Shipping Industry a) Resident person carrying on a business of: i) Transporting passengers or cargo by sea on Malaysian ships owned by that person; or ii) Time charter or voyage charter of Malaysian ship owned by that person. Person includes a partnership. b) i) Exemption of statutory income.* ii) Tax exempt dividends may be paid out of exempt income. * Advisable not to claim for capital allowance. 7.26 Environmental Conservation a) Companies providing energy conservation services i) Application made on or before 31 December 2005* ii) Project implemented within 1 year from date of approval. * Extended to 31 December 2010 TAX INCENTIVES TAX_NEW_A 14/10/2005 3:35 PM Page 44 45 TAX INCENTIVES Pioneer status IA Tax exemption of 70% statutory Investment allowance equal income for 5 years or to 60% of QCE incurred within 5 years, used to exempt up to 70% statutory income b) i) Companies incurring capital expenditure on plant and machinery used exclusively for conservation of energy, and certified by the Ministry of Energy, Communications and Multimedia. ii) Accelerated Capital Allowance on related equipment 7.27 New Energy Source a) i) Companies using biomass, hydro power or solar power for generation of energy. ii) Application received on or before 31 December 2005.* iii) Project implemented within 1 year from date of approval. * Extended to 31 December 2010 Pioneer status ITA Tax exemption of 70%* of 60%* of QCE incurred within statutory income for 5** years 5** years, used to exempt 70%* of statutory income * Increased to 100% * Increased to 100% ** Extended to 10 years ** Extended to 10 years b) i) Existing companies utilising oil palm biomass to produce value added products ii) Applications received by MIDA from 13 September 2003. iii) Incentive for reinvestment shall be given as follows: - TAX_NEW_A 14/10/2005 3:35 PM Page 45 46 Pioneer status ITA 100% on increased statutory 100% on additional QCE income for 10 years incurred within 5 years can be used to exempt 100% of statutory income. c) i) New companies utilising oil palm biomass to produce value added products:- ii) Applications received by MIDA from 13 September 2003. Pioneer status ITA 100% of statutory income for 100% of QCE incurred within 10 years 5 years can be used to exempt 100% of statutory income. 7.28 Approved Offshore Trading a) An approved offshore trading company trading with non-residents through a website in Malaysia. b) Foreign goods purchased are for sales outside Malaysia. c) Tax at a concessionary rate of 10% for 5 years. d) 90% of chargeable income may be distributed as tax exempt dividend. 7.29 Investment Holding Company (IHC) a) Company engaged wholly in making of investment and derive income from its investment. An IHC is redefined as a company that derives at least 80% of its gross income from holding of investment. TAX INCENTIVES TAX_NEW_A 14/10/2005 3:35 PM Page 46 47 TAX INCENTIVES b) The lower of 5% of taxable gross income or 25% of permitted expenses be used to reduce Aggregate Income of a company. Income of IHCs listed on Bursa Malaysia be treated as business income and expenses be given full tax deductions. Losses and unabsorbed capital allowance of listed IHC shall not be carried forward. 7.30 Consolidation of Smallholdings a) Companies investing in 100% owned subsidiary which involved in consolidation of management of smallholdings or idle land. b) i) Holding Company Deduction equivalent to amount of investment. ii) Subsidiary Exemption from service tax. 7.31 Planting of Rubberwood Trees a) A non-rubber plantation company that plants at least 10% of its plantation with rubberwood trees. b) Planting expenditure is fully deductible. 7.32 Implementation of RosettaNet a) Companies incurring expenditure in the management and operation of RosettaNet Malaysia and in assisting local small and medium scale companies to adopt RosettaNet. b) Expenditure is tax deductible. TAX_NEW_A 14/10/2005 3:35 PM Page 47 48 7.33 Cost of Developing Websites a) Expenditure incurred on development of websites for business. b) Annual deduction of 20% of cost incurred for 5 years. 7.34 Acquisition of a Foreign Company a) A locally owned company acquiring a foreign owned company for the purpose of obtaining high technology for production within the country or to gain new export markets for local products. b) Annual deduction of 20% of acquisition cost for 5 years. 7.35 Commercialisation of Resource-Based R & D Findings a) i) Companies which are at least 70% owned by Malaysians; ii) Investor company should own at least 70% of the equity of the company that commercialises the R & D findings; iii) Only resource-based R & D findings are eligible; iv) The commercialisation of the R & D findings should be implemented within one year from the date of approval; and v) Application received by MIDA from 11 September 2004 b) i) Investor Company Tax deduction equivalent to the amount of investment made in subsidiary. ii) Subsidiary Company Company undertaking the commercialisation of the R & D findings, pioneer status with 100% tax exemption on statutory income for 10 years. 7.36 Private Higher Education Institution (PHEI) a) Technical and vocational courses ITA of 100% for 10 years to be used to exempt 70% statutory income. TAX INCENTIVES TAX_NEW_A 14/10/2005 3:35 PM Page 48 49 TAX INCENTIVES b) Expenses to develop and comply with regulations for new courses are not tax deductible. ITA be extended to qualifying science courses from 1-10-2005:- i) Biotechnology ii) Medical and Health Sciences iii) Molecular Biology iv) Material Sciences and Technology v) Food Science and Technology From Y/A 2006, expenses incurred for development of new courses and compliance with regulatory requirements be given tax deductions over a period of 3 years. 7.37 Research & Development (R & D) Tax incentives to encourage R&D activities in the form of exemption of income and double deductions, include: - Double deductions/ Exemption a) Companies undertaking approved Investment tax in-house R&D projects allowance b) Capital expenditure incurred on Industrial building buildings used for approved research allowance c) Contract R&D companies which Pioneer status or provide R&D services only to third Investment tax parties allowance d) R&D companies undertaking R&D Investment tax projects mainly for group companies allowance TAX_NEW_A 14/10/2005 3:35 PM Page 49 50 TAX INCENTIVES Double deductions/ Exemption e) Approved research companies or 100% exemption of institutions undertaking R&D for adjusted income a particular industry allowance for 5 years f) Cash contributions to approved Double deduction research institutions g) Payment for services of: Double deduction i) approved research companies or institutions ii) contract R&D companies iii) non-related R&D companies iv) related R&D companies which are not enjoying the ITA incentive h) Revenue expenditure incurred on: i) research relating to own business Normal deduction ii) approved research Double deduction iii) research undertaken by a company Double deduction participating in an approved industrial adjustment programme iv) expenditure for overseas R&D Double deduction activities 7.38 Other Double Deductions Double deductions of expenses, include the following expenses: a) Export credit insurance premiums with an approved company. b) Insurance premiums incurred for the import and export of goods where the risks are insured with an insurance company incorporated in Malaysia. c) Interest payable on small business loan scheme. TAX_NEW_A 14/10/2005 3:35 PM Page 50 51 TAX INCENTIVES d) Promotional expenditure incurred on seeking opportunities for the export of manufactured products, agricultural produce and services. e) Remuneration paid to an employee who is physically or mentally handicapped. f) Freight charges paid by manufacturers exporting rattan and wood-based products (excluding sawn timber and veneer) g) Expenditure incurred by companies on the training of employees under an approved training programme. h) Freight charges incurred by manufacturers for shipping goods from Sabah and Sarawak to Peninsular Malaysia using ports in Peninsular Malaysia. i) Expenditure incurred on advertising Malaysian brand names registered locally or overseas and professional fees paid to companies promoting Malaysian brand names. j) Salaries paid for 2 years (2004 and 2005) to hire unemployed graduates registered with the Economic Planning Unit. k) Expenses incurred in obtaining recognised quality systems, standards and halal certification. l) Allowances paid by listed companies to participants of Unemployed Graduate Training programme, endorsed by the Securities Commission, from 1 October 2005 to 31 December 2008 be given deduction for a period of 3 years from Y/A 2005. TAX_NEW_A 14/10/2005 3:35 PM Page 51 52 8 INCOME EXEMPT FROM TAX Income exempt from tax under Schedule 6 or Gazette Order, includes: a) Pension of a resident person, derived from an employment exercised in Malaysia i) the recipient has reached the age of 55 or the compulsory retirement age; or ii) retirement is due to ill health. b) Death gratuities or sums received as consolidated compensation for death or injuries. c) Dividends paid, credited or distributed by Co-operative Societies to their members. d) Compensation for loss of employment and payments for restrictive covenants: i) due to ill health; or ii) RM6,000 for every completed year of service if not due to ill health. e) Interest accruing to any individual, unit trust and listed closed-end fund from: i) bonds or securities issued or guaranteed by the government ii) debentures, other than convertible loan stock, approved by the Securities Commission. f) Interest accruing to a resident individual from: i) a savings account with Bank Simpanan Nasional, or money deposited under the Banks "Save As You Earn" scheme. ii) deposits of up to RM100,000 in any savings accounts with a registered co-operative society, Bank Pertanian Malaysia, Malaysia Building Society Berhad, Borneo Housing Mortgage Finance Berhad or with any approved institution. INCOME EXEMPT FROM TAX TAX_NEW_A 14/10/2005 3:35 PM Page 52 53 INCOME EXEMPT FROM TAX iii) deposits of up to RM100,000 in any savings account with a bank or finance company licensed under the Banking and Financial Institutions Act 1989 (BAFIA). iv) deposits or negotiable certificates of deposits of up to RM100,000 in any fixed deposit account for a period of less than 12 months with certain designated banks, or a bank or finance company licensed under BAFIA. v) fixed deposits or negotiable certificates of deposits for a period exceeding 12 months placed with certain designated banks, or any bank or finance company licensed under BAFIA. vi) Merdeka bonds issued by the Central Bank of Malaysia. g) Gains or profits accruing to an individual from the following deposits under Interest-Free Banking Scheme with Bank Kerjasama Rakyat Malaysia Bhd, Bank Simpanan Nasional, or a bank or finance company licensed under BAFIA or the Islamic Banking Act, 1983: i) any savings account of up to RM100,000; ii) any investment account of up to RM100,000 for a period of less than 12 months; iii) any investment account for a period exceeding 12 months. h) Bonus accruing to an individual from a savings account with Lembaga Tabung Haji. i) Income (other than gains or profits from a business and dividend income) of trade union registered under any written law relating to trade union. j) Retirement Gratuities: i) Full Exemption aa) Where the retirement is due to ill health or bb) After reaching the age of 55 or other compulsory age of retirement, from an employment which has lasted ten years with the same employer or with companies in the same group; TAX_NEW_A 14/10/2005 3:35 PM Page 53 54 ii) Partial Exemption RM6,000 exemption for every completed year of service upon reaching compulsory retirement age pursuant to an employment contract or collective agreement at the age of 50 but before 55 and that employment has lasted 10 years with the same employer or with companies in the same group (From YA 2003). k) Foreign income received in Malaysia by any person other than a resident company carrying on the business of banking, insurance or sea or air transport. l) Royalties received by a resident individual in respect of : Amount exempted RM i) publication of, or the use of or the right to use, any artistic work 6,000* ii) recording discs or tapes 6,000* iii) translation of books or literary work, subject to conditions 12,000 iv) publication of, or the use of or the right to use, any literary work or any original painting 20,000 v) any musical composition 20,000 * RM10,000 from Y/A 2006 m) Income from employment exercised in Malaysia not exceeding 60 days. n) Income (other than dividend income) of an institution or organisation approved under section 44(6) or non-profit religious institution or organisation established in Malaysia. o) Royalties received by non-residents from private institutions of higher learning for franchised educational schemes. p) Income from employment on board a Malaysian ship. INCOME EXEMPT FROM TAX TAX_NEW_A 14/10/2005 3:35 PM Page 54 55 INCOME EXEMPT FROM TAX q) Income received by non-residents from renting containers to shipping companies in Malaysia. r) Subscriptions fees (calculated based on the attributable method) received by trade associations. s) Fees or honorarium for validations and other services relating to educational programmes in higher educational institutions which are verified by the National Accreditation Board. t) Income of any person (other than a resident company carrying on business of banking, insurance, sea or air transport) derived from sources outside Malaysia and received in Malaysia. u) 50% tax exemption of adjusted income in respect of income from business which relates to qualifying assets or the letting of qualifying assets in Labuan. v) Income from Offshore Companies or Trusts, subject to certain conditions. w) Scholarship or similar grant or allowance received by an individual whether or not it is connected with employment of that individual. x) Income of co-operative societies for the first 5 years from the date of registration and thereafter if members fund at the first day of the basis period is less than RM750,000. y) Interest paid to non-resident by bank or finance company licenced under the BAFIA Act 1989. z) Related technical fees received by a non-resident individual who train Malaysians in the field of performing arts and production of crafts be exempted from withholding tax for a period of 5 years from 1-10-2005. TAX_NEW_A 14/10/2005 3:35 PM Page 55 56 9 REAL PROPERTY GAINS TAX 9.1 Charge to Tax a) Real property gains tax (RPGT), the only capital gains tax in Malaysia, charged on gains arising from the disposal of real property or share in a real property company (RPC). b) Real property refer to any land situated in Malaysia and any interest, option or other right in or over such land. 9.2 Real Property Company A RPC is a controlled company holding real property on shares in another RPC where the defined value is not less than 75% of the value of its total tangible assets. 9.3 Chargeable Persons Every person whether or not resident in Malaysia is chargeable to RPGT in respect of any gains accruing on the disposal of real property or RPC shares in Malaysia. An acquirer can be deemed to be a chargeable person if the chargeable asset acquired is below market value. 9.4 Chargeable Gains and Losses A chargeable gain arises if the disposal price exceeds the acquisition price and an allowable loss is incurred if the disposal price is less than the acquisition price. Allowable losses shall be used to reduce any RPGT liability of the same year of assessment and any amount unutilised are carried forward for relief against future RPGT liabilities. A loss arising from the disposal of RPC shares does not qualify as an allowable loss. REAL PROPERTY GAINS TAX TAX_NEW_A 14/10/2005 3:35 PM Page 56 57 REAL PROPERTY GAINS TAX RPGT Rates A B C Category of disposal Companies Others Non Citizen except C and Permanent resident % % % Disposal within 2 years 30 30 30 Disposal in 3rd year 20 20 30 Disposal in 4th year 15 15 30 Disposal in 5th year 5 5 30 Disposal in 6th and 5 Nil 5 subsequent years 9.5 Relief from RPGT Relief from RPGT may be available where with prior approval assets are transferred: (a) for greater efficiency in operation in a group; (b) under a scheme of reorganisation, reconstruction or amalgamation between companies; (c) by a liquidator and the liquidation of the company was made under a scheme of reorganisation, reconstruction or amalgamation. Certain conditions must be satisfied before this relief is granted. aa) Consideration must be substantially in share for (a) above. bb) Scheme must be to comply with Government policy for either (b) or (c) above. 9.6 Other Exemptions a) an amount of RM5,000 or 10% of the chargeable gain, whichever is greater, accruing to an individual (resident or non-resident); TAX_NEW_A 14/10/2005 3:35 PM Page 57 58 REAL PROPERTY GAINS TAX b) gain arising on disposal as a result of compulsory acquisition of property under law; c) transfer of a real property to a company controlled by the transferor and/or connected person for a consideration of at least 75% in shares d) gift of chargeable assets within 5 years from acquisition date between husband and wife, parent and child and grandparent and grandchild. e) gain accruing to the government, State government or a local authority; f) gain accruing to an individual who is a citizen or a permanent resident in respect of the disposal of one private residence (once in a lifetime exemption); Effective from 1-10-2005, it is given to both husband and wife on one residential property each, once in a lifetime. g) gift made to the government, State government, local authority or approved charity; h) disposal of assets in connection with securitisation of assets; i) gain arising from disposal of assets under a scheme of merger of operation of a licensed bank and a licensed finance company, where application for approval is submitted to Bank Negara Malaysia between 15 January 2004 and 14 January 2006; j) gain arising from disposal of real property to Real Estate Investment Trusts and Property Trust Funds approved by the Securities Commission; TAX_NEW_A 14/10/2005 3:35 PM Page 58 59 REAL PROPERTY GAINS TAX SERVICE TAX k) gain from disposal of chargeable assets relating to the issuance of private debt securities under Islamic principles. l) gain arising from mergers of private institutions of higher learning approved by the Ministry of Higher Education and undertaken not later than 31 December 2006. m) gain arising from disposal of chargeable asset pursuant to a scheme of financing approved by the Central Bank or the Securities Commission as a scheme which is in accordance with the principles of Syariah. n) mergers and acquisition (M&A) by companies listed on Bursa Malaysia, approved by the Securities Commission from 1-10- 2005 to 31-12-2007 and such M&A be completed by 31.12.2008 10 SERVICE TAX 10.1 Charge of Tax a) Service tax is a consumption tax levied and charged on any taxable service provided by any taxable person at an ad valorem rate of 5% b) It will be replaced by Goods & Services Tax in 2007. 10.2 Taxable Person/Licensing a) Any taxable person who carries on business of providing taxable service must apply for a license. b) Person includes an individual, a firm, a society, an association, a company and every other juridical person. TAX_NEW_A 14/10/2005 3:35 PM Page 59 60 SERVICE TAX 10.3 Taxable Persons Taxable person Annual sales turnover RM a) Operators of hotels with more than 25 rooms (subject to some exclusions) N/A b) Operators of restaurants, bars, snack-bars, coffee houses or places located in hotels with more than 25 rooms, providing food, drinks and tobacco products wholly eat-in or partly take-away N/A c) Operators of restaurants, bars, snack-bars, coffee houses or places located in hotels with 25 rooms or less, providing food, drinks and tobacco products wholly eat-in or partly take-away 300,000 d) Operators of restaurants, bars, snacks-bars, coffee houses or places located outside hotels, providing food, drinks and tobacco products wholly eat-in or partly take-away (subject to some exclusions) 300,000 e) Operators of food courts 300,000 f) Operators of night-clubs, dance halls and cabarets N/A g) Operators of approved health-centres and massage parlours N/A h) Operators of 1st, 2nd or 3rd Class Public House and 1st or 2nd Class Beer House N/A i) Operators of private clubs 300,000 TAX_NEW_A 14/10/2005 3:35 PM Page 60 61 SERVICE TAX Taxable person Annual sales turnover RM j) Operators of golf course or golf driving range (including operators of private clubs having total annual sales turnover of RM300,000 or less or any hotel having 25 or less rooms) N/A k) Licensed private hospitals 300,000 l) Insurance companies N/A m) Any person providing communication services who is registered under the Communications And Multimedia Act 1998 or licensed under the Communications and Multimedia (Licensing) Regulations 2000 N/A n) Any person who is given permission to act as agent for transacting business relating to the import or export of any goods or luggage under section 90 of the Customs Act 1967 N/A o) Any person who is licensed under section 65 or 65E of the Customs Act 1967 and who is also given permission to act as an agent for transacting business relating to the import or export of any goods or luggage that is stored in the licensed warehouse or inland clearance depot N/A p) Operators of parking space for motor vehicles 150,000 q) Courier-services companies 150,000 r) Operators of motor vehicles services and/or repair centers 150,000 s) Licensed private agencies 150,000 t) Employment agencies 150,000 u) Public Accountants (now known as Chartered Accountants) 150,000 v) Advocates and Solicitors 150,000 TAX_NEW_A 14/10/2005 3:35 PM Page 61 62 SERVICE TAX Taxable person Annual sales turnover RM w) Professional Engineers 150,000 x) Architects 150,000 y) Licensed or Registered Surveyors/ Registered Valuers, Appraisers and Estate Agents 150,000 z) Consultants (subject to some exclusions) 150,000 aa) Private veterinary clinics 300,000 bb) Hire-and-drive car and hire-car service companies 300,000 cc) Management companies 150,000 dd) Advertising companies 300,000 N/A: No Minimum Threshold. 10.4 Taxable Services a) Taxable services include the provision of rooms for lodging/sleeping accommodation, health services, certain professional services, certain telecommunication services including bandwidth services and certain value added service, management services, security services, provision of parking space, provision of golf course, golf driving range or services related to golf or golf driving range, courier delivery services (other than to destinations outside Malaysia), and the sale or provision of food, drinks and tobacco products b) Certain professional services provided to companies within the same group would not be taxable (subject to certain qualifying criteria), effective from 1 January 2003. Refer to Schedule 2 of the Service Tax Act for more details of taxable person and taxable services TAX_NEW_A 14/10/2005 3:35 PM Page 62 63 SERVICE TAX SALES TAX 10.5 Taxable Period a) Service tax due when payment is received for taxable services rendered. If payment is not received within 12 calendar months from the date of issuance of invoice, the tax is due on the day immediately after the expiry of the 12-month period. b) Any service tax that falls due during a taxable period, which is 2 calendar months, is payable to the customs authorities within 28 days after the end of the taxable period. c) Late payment penalties ranging from 10% to 50% shall be imposed. 10.6 Refund of Services Tax on Bad Debts With effect from 1 January 2003, a licensee is eligible for a refund of service tax in relation to debts deemed as bad debts, subject to conditions. This includes debts which cannot be collected after 12 months from the date of payment of tax. 11 SALES TAX 11.1 Charge of Tax a) Sales tax is a single-stage tax imposed on certain locally manufactured and imported goods. It excludes Labuan, Langkawi, Tioman, Free Zones, and Licensed Manufacturing Warehouses. b) Sales tax is also a consumption tax and the onus is on the manufacturers to levy, charge and collect the tax from their customers. c) In the case of imported goods, sales tax is collected from the importer at the time the goods are released from customs control. TAX_NEW_A 14/10/2005 3:35 PM Page 63 64 SALES TAX d) The valuation of goods for sales tax purposes is based on the World Trade Organisation (WTO) principles of customs valuation e) Taxable goods All goods manufactured in Malaysia or imported are taxable unless they are specifically exempted by order of the Minister of Finance. f) Goods exempted i) All exports are exempted from sales tax. ii) Goods which are specially exempted under the Sales Tax Exemption Order. g) Rates of tax Class of goods Ad Valorem Rate % Fruits, certain foodstuff, timber and building materials 5* Cigarettes and tobacco 25* Liquor and alcoholic drinks 20* All other goods, except petroleum subject to specific rates and goods not specifically exempted 10* * Reduced to 5% h) It will be replaced by Goods & Services Tax in 2007. 11.2 Licensing a) No person is allowed to manufacture taxable goods unless the person is licensed as a licensed manufacturer. TAX_NEW_A 14/10/2005 3:35 PM Page 64 65 SALES TAX b) Manufacture in relation to goods other than petroleum, means the conversion by manual or mechanical means of organic or inorganic materials into new product by changing the size, shape or nature of such materials and includes the assembly of parts into pieces of machinery or other products but does not include the installation of machinery or equipment for the purpose of construction. In relation to petroleum, the term manufacture means refining or compounding and includes the addition of foreign substance. c) Exemption from licensing i) A manufacturer of taxable goods whose total sales value did not exceed RM100,000 in the preceding year and is not expected to exceed RM100,000 during the next twelve months may apply for a certificate of exemption from licensing. The certificate is renewable on a yearly basis. However, such manufacturer may choose to be licensed in order to enjoy tax-free inputs (CJ 5 system). ii) Certain manufacturing operations are also exempted from the licensing requirements, which include the developing and printing of photographs and production of film slides, preparation of ready-mixed concrete, repacking of bulk goods, repair of second hand goods and the installation of air conditioners in motor vehicles. 11.3 Tax-free Raw Material (CJ 5) In order to maintain the single-stage concept, there are facilities available to allow for inputs (raw materials and components) to be imported or acquired free of sales tax by a licensed manufacturer for use in the manufacturing process. 11.4 Drawback A licensed manufacturer or importer can claim drawback on the sales tax paid in respect of goods, which are subsequently exported subject to certain criteria. TAX_NEW_A 14/10/2005 3:35 PM Page 65 66 SALES TAX IMPORT DUTIES 11.5 Taxable Period Generally, sales tax shall be due at the time the taxable goods are sold, or disposed of otherwise than by sale by the taxable person. Any sales tax that falls due during any taxable period, which is normally 2 calendar months, shall be paid to the customs authorities within 28 days from the expiration of the taxable period. Late payment penalties ranging from 10% to 50% may be imposed. 11.6 Refund of Sales Tax on Bad Debts With effect from 1 January 2003, a licensee is eligible for a refund of sales tax in relation to debts deemed as bad debts, subject to conditions. This includes debts which cannot be collected after 12 months from the date of payment of tax. 12 IMPORT DUTIES a) Import duties are levied on taxable goods imported into the country. Import duties are generally levied on an ad valorem at basis rates of import duties range from 0% to 200%. Raw materials, machinery, essential foodstuffs and pharmaceutical products are normally non- dutiable or subject to duties at lower rates. b) The value of goods for the purpose of computing import duties is determined in accordance with the World Trade Organisation (WTO) principles of custom valuation. c) Exemptions (subject to conditions) in respect to import duties are available for: - i) raw materials and components used directly for the manufacture of goods for export and domestic markets. ii) dutiable machinery and equipment which are used directly in the manufacturing process and are not available locally. TAX_NEW_A 14/10/2005 3:35 PM Page 66 67 IMPORT DUTIES EXPORT DUTIES EXCISE DUTIES d) Prohibition of imports Quantitative import restrictions may be imported on a certain range of products for protection of local industries or for reasons of security and public safety. An import license has to be obtained for the importation of prohibited goods. 13 EXPORT DUTIES a) Export duties are generally imposed on the countrys main commodities such as crude petroleum and palm oil. With the exception of crude petroleum, which is subject to duty at a flat rate of 10%, duties on all other commodities are based on the cost plus concept. Duties on such commodities are only imposed on the excess of a threshold price which reflects the cost of production of each of the commodities. No export duties are collected when the prices of the commodities fall below the threshold. b) For the purpose of computing export duty, the value of the goods is the price which an exporter would receive for the goods calculated to the stage where such goods are released by customs at the place of export. 14 EXCISE DUTIES 14.1 a) Excise duties are imposed on a selected range of goods manufactured in Malaysia or imported in Malaysia. Goods which are subject to excise duty include beer/stout, cider and perry, rice wine, mead, brandy, whisky, rum and tafia, gin, cigarette containing tobacco, motor vehicles, motorcycles and playing cards. b) The rates of excise duties vary from 10 cents per litre for certain types of spirituous beverages, to as much as 100% for motorcars. TAX_NEW_A 14/10/2005 3:35 PM Page 67 68 EXCISE DUTIES LICENSED MANUFACTURING WAREHOUSE FREE ZONE 14.2 Licensing a) Unless exempted from licensing, a manufacturer of tobacco, intoxicating liquor or goods must have a licence to manufacture such goods. b) A warehouse licence is required for storage of goods subject to excise duty. A licence to manufacture tobacco, intoxicating liquor or goods subject to excise duty also permits the holder to store such goods. 14.3 Payment of Duty a) As a general rule, duty is payable at the time the goods leave the place of manufacture. For motor vehicles, duty is payable at the time the vehicles are registered with the Road Transport Department. b) No excise duty is payable on dutiable goods that are exported. 15 LICENSED MANUFACTURING WAREHOUSE a) Manufacturers who export 80% or more of their finished product can apply for licensed manufacturing warehouse (LMW) status. b) Raw materials, components and machinery used in the manufacturing process are exempted from import duties and sales tax. 16 FREE ZONE A free zone is deemed to be a place outside the Principal Customs Area and is not subject to customs jurisdiction except, generally, in respect of Prohibition Orders on imports and exports. Subject to certain exclusions, goods and services can be brought into or provided in the free zones without payment of customs duties, excise duties, sales tax and service tax. TAX_NEW_A 14/10/2005 3:35 PM Page 68 69 STAMP DUTY 17 STAMP DUTY 17.1 a) Stamp duty is chargeable on instruments and not on transactions. If a transaction can be effected without creating a chargeable instrument, it is out of the ambit of stamp duty. b) The rates of duty vary according to the types of instruments and transacted values. Generally, the transfer of properties are chargeable to stamp duty. c) Properties (other than shares or marketable securities) Value Rate Duty payable RM RM On the first 100,000 RM1 per RM100 1,000 or part thereof On the next 400,000 RM2 per RM100 8,000 or part thereof 500,000 9,000 In excess of 500,000 RM3 per RM100 or part thereof d) Shares RM3 for every RM1000 or any fraction thereof based on consideration, or value whichever is greater. The Stamp Office generally adopts one of the 4 methods for valuation of ordinary shares for purposes of stamp duty: i) price earnings ratio; ii) net tangible assets; iii) sales consideration; and iv) par value. TAX_NEW_A 14/10/2005 3:35 PM Page 69 70 STAMP DUTY e) Stamping Instruments chargeable with duty must be stamped within 30 days from the date of execution. f) Penalty The penalty imposed for late stamping varies based on period of delay. 17.2 Section 15 or 15A Exemption a) Reconstruction or Amalgamation [Section 15] i) A company with limited liability (NewCo) is to be registered with a view of acquiring the undertaking or share of an existing company; ii) For a consideration of at least 90% shares issued to the existing company iii) It must be stated in the Memorandum of Association of the NewCo that one of the objectives of the company is the acquisition of the undertaking or share of the existing company or resolution of a company. iv) The sale instrument must be executed within 12 months of the registration of NewCo; and v) The existing company should NOT cease to be the beneficial owner of shares in NewCo for 2 years, except for certain circumstances. b) Group Transfer [Section 15A] i) the transfer of beneficial interest in property from one limited liability company to another. ii) Both companies are associated to each other, that is, the existing company should hold not less than 90% shares in NewCo or a third company owns 90% or more of both the existing company and NewCo. iii) All consideration must be provided or received by associated company. TAX_NEW_A 14/10/2005 3:35 PM Page 70 71 STAMP DUTY 17.3 Other Exemptions Exemption or relief from stamp duty include the following: - a) Refinancing of loan for business purposes to the extent of the duty that would be payable on the balance of the principal amount of the existing term loan; b) Securisation of assets; c) Transfer of securities listed on MESDAQ in respect of a borrowing and lending transaction made under a Securities Borrowing and Lending Agreement; d) Instruments of the Asset Sale Agreement or the Asset Purchase Agreement, or Asset Lease Agreement executed between a customer and a bank made under the principles of the Syariah law for the purpose of renewing any Islamic revolving financing facility provided that the instrument for the existing Islamic revolving financing facility has been duly stamped; e) Instruments of Assets Sale Agreement executed between a customer and a financier made under the principles of the Syariah law for the purpose of rescheduling or restructuring any existing Islamic financing facility. The stamp duty is waived to the extent of the duty that would be payable on the balance of the principal amount of the existing Islamic financing facility provided that the instrument for the existing Islamic financing facility had been duly stamped; f) Certain contract notes relating to the sale of any shares, stock or marketable securities which are listed on a stock market of a stock exchange between a local broker and a foreign investor or an authorised nominee on behalf of a foreign broker is remitted to the extent of stamp duty in excess of RM200; g) Specified instruments executed in connection with the purchase of certain low cost houses; TAX_NEW_A 14/10/2005 3:35 PM Page 71 72 STAMP DUTY h) Loan instruments in respect of loans not exceeding RM50,000 given under the Micro Credit Scheme that are executed between the borrower and Bank Simpanan Nasional or Bank Pertanian Malaysia. i) Instruments of transfer of real property to Real Estate Investment Trust and Property Trust Fund approved by the Securities Commission; j) Instruments relating to the purchase of property by any financier for the purpose of leaseback under the principles of Syariah; k) Instruments pursuant to a scheme of merger to rationalise banking and finance company business and which involves the merger of the whole or any part of the business and operations of a licensed bank and a licensed finance company 15 January 2004 until 14 January 2006; l) Instruments pursuant to a scheme of merger between private institutions of higher learning (IPTS) to be approved by the Ministry of Higher Education undertaken from 11 September 2004 to 31 December 2006; m) Instruments executed pursuant to a scheme of financing approved by the Central Bank or the Securities Commission as a scheme which is in accordance with the principles of Syariah, where such instrument is an additional instrument strictly required for the purpose of compliance with those principles but which will not be required for any other schemes of financing, effective from 11 September 2004. n) Mergers and acquisition (M&A) by companies listed on Bursa Malaysia, approved by the Securities Commission from 1-10-2005 to 31-12-2007 and such M&A be completed by 31-12-2008. o) Remission of 50% stamp duty on loan instruments for a loan up to RM1 million taken by Small and Medium Enterprise, from 1-10-2005. TAX_NEW_A 14/10/2005 3:35 PM Page 72 73 IRB EXCHANGE RATES (Average Annual Rates) 18 IRB EXCHANGE RATES (Average Annual Rates) Countries Currency 2000 2001 2002 2003 2004 Australia $1 2.2350 1.9874 2.0851 2.4967 2.8277 New Zealand $1 1.7557 1.6148 1.7790 2.2299 2.5495 Canada $1 2.5849 2.4793 2.4444 2.7407 2.9533 U. Kingdom 1 5.8211 5.5292 5.7623 6.6299 7.0348 USA $1 3.8000 3.8000 3.8000 3.8000 3.8000 Thailand 1 Baht 0.0959 0.0863 0.0893 0.0925 0.0953 Pakistan 1 Rupee 0.0714 0.0623 0.0643 0.0665 0.0658 Sri Lanka 1 Rupee 0.0500 0.0430 0.0402 0.0398 0.0379 Hong Kong $1 0.4925 0.4921 0.4921 0.4928 0.4927 India 1 Rupee 0.0855 0.0814 0.0790 0.0824 0.0847 Indonesia 1 Rupia 0.0005 0.0004 0.0004 0.0004 0.0004 Brunei $1 2.2270 2.1436 2.1434 2.2038 2.2708 Bahrain 1 Dinar 10.0839 12.5202 10.0815 10.0812 10.0822 Philippines 1 Peso 0.0874 0.0753 0.0745 0.0709 0.0685 Singapore $1 2.2270 2.1436 2.1434 2.2038 2.2708 Taiwan $1 0.1230 0.1137 0.1113 0.1117 0.1150 China 1 Renminbi 0.4636 0.4637 0.4637 0.4637 0.4637 S. Korea 1 Won 0.0034 0.0030 0.0031 0.0032 0.0033 Switzerland 1 Franc 2.2753 2.2776 2.4718 2.8512 3.0925 Arab Saudi 1 Riyal - - 1.0234 1.0234 1.0234 S. Africa 1 Rand - - 0.3665 0.5092 0.5978 Euro 1 - - 3.6254 4.3339 4.7725 Norway 1 Krone 0.4371 0.4274 0.4831 0.5433 0.5701 TAX_NEW_A 14/10/2005 3:35 PM Page 73 74 LIST OF PUBLIC RULINGS ISSUED 19 LIST OF PUBLIC RULINGS ISSUED To facilitate compliance with the Self Assessment System, the IRB has issued the following Public Rulings: Ruling No. Title of Ruling Date Issued/ Updated 3/2005 Living Accommodation Benefit Provided 11.08.2005 Provided For the Employee By The Employer 2/2005 Computation of Income Tax Payable By 06.06.2005 a Resident Individual 1/2005 Computation of Total Income For Individual 05.02.2005 5/2004 Double Deduction Incentive on Research 30.12.2004 Expenditure 4/2004 Employee Share Option Scheme Benefit 09.12.2004 3/2004 Entertainment Expenses 08.11.2004 2/2004 Benefits-In-Kind 08.11.2004 Addedum 20.05.2005 1/2004 Income from Letting of Real Property 30.06.2004 2/2003 Key-man Insurance 30.12.2003 1/2003 Leave passage 05.08.2003 2/2002 Allowable Pre-Operational & 08.07.2002 Pre-Commencement of Business Expenses for Companies 1/2002 Deduction for Bad/Doubtful Debts and 02.02.2002 Tax Treatment for Recoveries 7/2001 Basis Period for Business and 30.04.2001 Non-Business Sources (Companies) 6/2001 Basis Period for a Business Source 30.04.2001 (Individuals and Persons other than Companies/Cooperatives) 5/2001 Basis Period for a Business Source 30.04.2001 (Co-operatives) 4/2001 Basis Period for a Non-Business Source 30.04.2001 (Individuals and persons other than Companies) TAX_NEW_A 14/10/2005 3:35 PM Page 74 75 LIST OF PUBLIC RULINGS ISSUED Ruling No. Title of Ruling Date Issued/ Updated 3/2001 Appeal Against An Assessment 18.01.2001 5/2001 Basis Period for a Business Source 30.04.2001 (Co-operatives) 4/2001 Basis Period for a Non-Business Source 30.04.2001 (Individuals and persons other than Companies) 3/2001 Appeal Against An Assessment 18.01.2001 2/2001 Computation of Initial and Annual 18.01.2001 Allowances in Respect of Plant and Machinery 1/2001 Ownership of Plant and Machinery for the 18.01.2001 Purpose of Claiming Capital Allowances 8/2000 Wilful Evasion of Tax and Related Offences 30.12.2000 7/2000 Providing Reasonable Facilities and 16.06.2001 Assistance 6/2000 Keeping Sufficient Records (Persons other 01.03.2000* than Companies and Co-operatives) Revised 30.06.2001 5/2000 Keeping Sufficient Records 01.03.2000* (Individuals and Partnerships) Revised 30.06.2001 4/2000 Keeping Sufficient Records 01.03.2000* (Companies and Co-operatives) Revised 30.06.2001 3/2000 Basis Period for a Business Source 01.03.2000* (Individuals and Persons other than Companies and Co-operatives) 2/2000 Basis Period for a Business Source 01.03.2000* (Companies and Co-operatives) 1/2000 Basis Period for a Non-business Source 01.03.2000* * Superseded TAX_NEW_A 14/10/2005 3:35 PM Page 75 76 IMPORTANT FILING DATES 20 IMPORTANT FILING DATES 20.1 Submission of Tax Return Form TAX SUBMISSION FOR YEAR OF ASSESSMENT 2005 Category Tax Return Form Due Date for Submission 1 Resident Individual with Business Income B 30 June 2006 without Business Income BE 30 April 2006 2 Partnership P 30 June 2006 3 Non-Resident Individual with Business Income M 30 June 2006 without Business Income M 30 April 2006 4 Estate with Business Income TP 30 June 2006 without Business Income TP 30 April 2006 5 Association with Business Income TF 30 June 2006 without Business Income TF 30 April 2006 6 Hindu Joint Family with Business Income TJ 30 June 2006 without Business Income TJ 30 April 2006 7 Company C & R 7th month after the close of accounting year-end 8 Co-operative Society CI 7th month after the close of accounting year-end TAX_NEW_A 14/10/2005 3:35 PM Page 76 77 IMPORTANT FILING DATES Category Tax Return Form Due Date for Submission 9 Unit Trust/Property Trust TC 7th month after the close of accounting year-end 10 Trust Body TA 7th month after the close of accounting year-end 11 Employers E 31 March 2006 20.2 Other Tax Compliance Type of return Form Due date a) All taxpayer - notification of change No prescribed Within 3 months of of address change. b) Company i) submission of estimate Form CP 204 30 days before the of tax payable beginning of the basis period ii) submission of revised Form CP 204A In the sixth or/and estimate of tax payable ninth month of the basis period iii) submission of income Form C Within 7 months tax return from the date following the close of its accounting period iv) submission of section Form R Within 7 months 108 statement from the date following the close of its accounting period TAX_NEW_A 14/10/2005 3:35 PM Page 77 78 IMPORTANT FILING DATES Type of return Form Due date v) Change of accounting Form CP204B One month before date the beginning of new accounting period c) Employer i) return of remuneration Form E; CP 159 Within 30 days from by an employer the date of service or extended date granted (31 March) ii) aa) notification of Form CP 22 Within one month of employees commencement of commencement of employment employment bb) notification of Form CP 22A Not less than one employees month before cessation of cessation. employment (in certain prescribed cases) cc) notification of Form CP 21 Not less than one employee leaving month before Malaysia for more expected date of than 3 months Departure. dd) monthly statement Form CP 39 Within 10 days after of tax deduction by month end. employer under Schedular Tax Deduction Scheme d) Withholding tax i) On interest or Form CP 37 Within one month of royalty to non- paying or crediting residents the non-resident, whichever is earlier. TAX_NEW_A 14/10/2005 3:35 PM Page 78 79 IMPORTANT FILING DATES Type of return Form Due date ii) On contract Form CP 37A Within one month of payments to non- paying or crediting resident contractors the non-resident, whichever is earlier. iii) On onshore interest Form CP 37C Bi-annual. payments (other than exempt interest) to resident individuals iv) On technical and Form CP 37D Within one month of management service paying or crediting fees, rental of the non-resident, moveable properties, whichever is earlier. etc to non-residents e) Real property gains tax i) Return of disposal of Form C.K.H.T. 1 Within one month of chargeable asset date of disposal of chargeable asset. ii) Return of acquisition of Form C.K.H.T. 2 Within one month of chargeable asset date of acquisition of chargeable asset. iii) Notification of becoming Form C.K.H.T. 19 When Company a Real Property becomes a Real Company Property Company. f) Sales tax - Submission of tax Form CJ 3 Within 28 days after return and payment end of each taxable of tax period. TAX_NEW_A 14/10/2005 3:35 PM Page 79 80 IMPORTANT FILING DATES Type of return Form Due date g) Service tax - Submission of tax Form CP 3 Within 28 days after return and payment end of each taxable of tax period. h) Social Security Organisation (SOCSO) - Submission of Form 8A Within 30 days after remittance form month end. i) Employees Provident Fund - Schedule of Monthly EPF 6 (Form A) Within 15 days after contributions together month end. with cheque TAX_NEW_A 14/10/2005 3:35 PM Page 80 81 ACCOUNTING INFORMATION TAX_NEW_A 14/10/2005 3:35 PM Page 81 FINANCIAL REPORTING STANDARDS 82 21 FINANCIAL REPORTING STANDARDS 21.1 New Standards Standard Title Standard Formerly Superseded Known As FRS 101 Presentation of FRS 101 2004 MASB 1 Financial Statements FRS 102 Inventories FRS 102 2004 MASB 2 FRS 108 Accounting Policies, FRS 108 2004 MASB 3 Changes in Accounting Estimates and Errors FRS 110 Events After the Balance FRS 110 2004 MASB 19 Sheet Date FRS 116 Property, Plant and FRS 116 2004 MASB 15 Equipment FRS 117 Leases FRS 117 2004 MASB 10 FRS 121 The Effects of Changes FRS 121 2004 MASB 6 in Foreign Exchange Rates FRS 124 Related Party Disclosures FRS 124 2004 MASB 8 FRS 127 Consolidated and Separate FRS 127 2004 MASB 11 Financial Statements FRS 128 Investments in Associates FRS 128 2004 MASB 12 FRS 131 Interests in Joint Ventures FRS 131 2004 MASB 16 FRS 132 Financial Instruments: FRS 132 2004 MASB 24 Disclosure and Presentation FRS 133 Earnings Per Share FRS 133 2004 MASB 13 FRS 136 Impairment of Assets FRS 136 2004 MASB 23 FRS 138 Intangible Assets FRS 109 2004 - FRS 139 Financial Instruments: - - Recognition and Measurement FRS 140 Investment Property FRS 125 2004 IAS 25 TAX_NEW_A 14/10/2005 3:35 PM Page 82 FINANCIAL REPORTING STANDARDS 83 Standard Title Standard Formerly Superseded Known As FRS 1 First-Time Adoption of - - Financial Reporting Standards FRS 2 Shared-Based Payments - - FRS 3 Business Combinations FRS 122 2004 MASB 21 FRS 5 Non-Current Assets Held FRS 135 2004 MASB 28 for Sale & Discontinued Operations The above Standards have been approved in principle by the Malaysian Accounting Standards Board pending their official announcement in major newspapers except FRS 2. 21.2 Existing Standards Standard Title Formerly Known As FRS 104 2004 Depreciation Accounting MASB 14 FRS 107 2004 Cash Flow Statements MASB 5 FRS 111 2004 Construction Contracts MASB 7 FRS 112 2004 Income Taxes MASB 25 FRS 114 2004 Segment Reporting MASB 22 FRS 118 2004 Revenue MASB 9 FRS 119 2004 Employee Benefits MASB 29 FRS 120 2004 Accounting for Government Grants MASB 30 and Disclosure of Government Assistance FRS 123 2004 Borrowing Costs MASB 27 FRS 126 2004 Accounting and Reporting by MASB 30 Retirement Benefit Plans FRS 134 2004 Interim Financial Reporting MASB 26 TAX_NEW_A 14/10/2005 3:35 PM Page 83 FINANCIAL REPORTING STANDARDS MALAYSIAN APPROVED STANDARDS ON AUDITING 84 Standard Title Formerly Known As FRS 201 2004 Property Development Activities MASB 32 FRS 202 2004 General Insurance Business MASB 17 FRS 203 2004 Life Insurance Business MASB 18 FRS i-1 2004 Presentation of Financial Statements MASB i-1 for Islamic Financial Institutions FRS 129 Financial Reporting in Hyperinflationary Economics IAS 29 FRS 204 Accounting for Aquaculture MAS 5 For latest developments on Financial Reporting Standards, please refer to MASBs website: www.masb.org.my 22 MALAYSIAN APPROVED STANDARDS ON AUDITING Standard Title Existing Standard To Be Replaced Preface to Approved Standards on Auditing and Related Services Preface to ISAs and RSs Glossary of Terms Introductory Matters AI 120 Framework of ISAs Responsibility AI 200* Objective and General Principles AI 200 Governing an Audit of Financial Statements AI 210 Terms of Audit Engagements AI 220 Quality Control for Audit Work TAX_NEW_A 14/10/2005 3:35 PM Page 84 MALAYSIAN APPROVED STANDARDS ON AUDITING 85 Standard Title Existing Standard To Be Replaced AI 220 (Revised)* Quality Control of Audits of AI 220 Historical Financial Information AI 230 Documentation AI 240 Fraud and Error AI 240 (Revised)* The Auditors Responsibility to AI 240 Consider Fraud in an Audit of Financial Statements AI 250 Consideration of Laws and Regulations in an Audit of Financial Statements AI 260 Communication of Audit Matters with Those Charged with Governance AI 300 Planning AI 310 Knowledge of the Business AI 315* Understanding the Entity and Its AI 310, AI 400, Environment and Assessing the AI 401 Risks of Material Misstatement AI 320 Audit Materiality Internal Control AI 330* The Auditors Procedures in AI 400, AI 401 Response to Assessed Risks AI 400 Risk Assessments and Internal Control AI 401 Auditing in a Computer Information Systems Environment AI 402 Audit Considerations Relating to Entities Using Service Organisations TAX_NEW_A 14/10/2005 3:35 PM Page 85 MALAYSIAN APPROVED STANDARDS ON AUDITING 86 Standard Title Existing Standard To Be Replaced Audit Evidence AI 500* Audit Evidence AI 500 AI 501 Audit Evidence Additional Consideration for Specific Items AI 505 External Confirmations AI 510 Initial Engagements Opening Balances AI 520 Analytical Procedures AI 530 Audit Sampling and Other Selective Testing Procedures AI 540 Audit of Accounting Estimates AI 550 Related Parties AI 560 Subsequent Events AI 570 Going Concern AI 580 Management Representations Using the Work of Others AI 600 Using the Work of Another Auditor AI 610 Considering the Work of Internal Auditing AI 620 Using the Work of an Expert Audit Conclusions and Reporting AI 700 The Auditors Report on Financial Statements AI 710 Comparatives AI 720 Other Information in Documents Containing Audited Financial Statements TAX_NEW_A 14/10/2005 3:35 PM Page 86 MALAYSIAN APPROVED STANDARDS ON AUDITING 87 Standard Title Existing Standard To Be Replaced Specialised Areas AI 800 The Auditors Report on Special Purpose Audit Engagements International Auditing Practice Statements AI 1000 Inter-bank Confirmation Procedures AI 1001 IT Environments Stand-Alone Personal Computers AI 1002 IT Environments On-Line Computer Systems AI 1003 IT Environments Database Systems AI 1004 The Relationship between Bank Supervisors and External Auditors AI 1005 Special Considerations in Audit of Small Businesses AI 1006 The Audit of International Commercial Banks AI 1007 Communications with Management AI 1008 Risk Assessment and Internal Controls CIS Characteristics and Considerations AI 1009 Computer Assisted Auditing Techniques AI 1010 The Consideration of Environmental Matters in the Audit of Financial Statements TAX_NEW_A 14/10/2005 3:35 PM Page 87 MALAYSIAN APPROVED STANDARDS ON AUDITING 88 Standard Title Formerly Known As International Standard on Review Engagements (ISREs) AI 2400 Engagements to Review Financial AI 910 Statements International Standards on Assurance Engagements (ISAEs) AI 3000 Assurance Engagements AI 100 AI 3400 The Examination of Prospective AI 810 Financial Information International Standards on Related Services AI 4400 Engagements to Perform Agreed Upon AI 920 Procedures Regarding Financial Information AI 4410 Engagements to Compile Financial AI 930 Information International Standard on Quality Control ISQC 1* Quality Control for Firms that Perform Audits and Reviews of Historical Financial Information, and Other Assurance and Related Service Engagements * The above Standards are to be effective for audit of financial statements for periods beginning on or after 1 January 2006 except for ISQC 1 where the systems of quality control in compliance with the ISQC are required to be established by 1 July 2006 TAX_NEW_A 14/10/2005 3:35 PM Page 88 RECOMMENDED PRACTICE GUIDES (RPG) MIA BY-LAWS 89 23 RECOMMENDED PRACTICE GUIDES (RPG) RPG 1 Appointment and Change of Auditors Companies Act 1965 RPG 2 Solicitors Account Programme RPG 3 Auditors Report Companies Act 1965 RPG 4 Reports and Qualifications RPG 5 Guidance for Auditors on the Review of Directors Statement of Internal Control RPG 6 Update on Auditors Report on Financial Statements 24 MIA BY-LAWS 24.1 Part A Applicable to All Members By-Law A-1 Fundamental Principles By-Law A-2 Integrity and Objectivity By-Law A-3 Professional Competence and Due Care By-Law A-4 Continuing Professional Education By-Law A-5 Confidentiality By-Law A-6 Description and Designatory Letters By-Law A-7 Attention to Correspondence and Enquiries By-Law A-8 Acts Discreditable to the Profession By-Law A-9 Advertising, Publicity and Solicitation By-Law A-10 Induction Course TAX_NEW_A 14/10/2005 3:35 PM Page 89 MIA BY-LAWS 90 24.2 Part B Applicable to Members in Public Practice By-Law B-1 Professional Independence By-Law B-2 Method of Practice By-Law B-3 Advertising, Publicity and Solicitation By-Law B-4 Clients Monies By-Law B-5 Loans to and from Clients By-Law B-6 Fees and Commission By-Law B-7 Referrals By-Law B-8 Changes in Professional Appointments By-Law B-9 Incapacity or Death of Sole Practitioner By-Law B-10 Professional Indemnity Insurance By-Law B-11 Quality Assurance and Practice Review 24.3 Part C Applicable to Members in Specific Type of Public Practice By-Law C-1 Professional Conduct of Members in Specific Types of Public Practice TAX_NEW_A 14/10/2005 3:35 PM Page 90 91 This page is intentionally left blank TAX_NEW_A 14/10/2005 3:35 PM Page 91 92 ACCA (the Association of Chartered Certified Accountants) is the largest and fastest-growing international accountancy body with 240,000 students and 105,000 members in 170 countries. Our mission is to be the leading global professional accountancy body by reputation, influence and size, offering the first choice qualifications to people of application, ability and ambition around the world who seek a rewarding career in accountancy, finance and management. TAX_NEW_A 14/10/2005 3:35 PM Page 92 TAX_NEW_A 14/10/2005 3:35 PM Page 93 94 INCOME TAX (Scope of Taxation) BASIS PERIOD (Taxable Period) PERSONAL INCOME TAX ACCA Malaysia Sdn Bhd (473007 P) 27th Floor Wisma Denmark No 86 Jalan Ampang 50450 Kuala Lumpur tel: + (603) 2713 5051 fax: + (603) 2713 5052 e-mail: info@my.accaglobal.com http://malaysia.accaglobal.com Kuching Branch Unit #8.01 8th Floor Gateway Kuching No 9 Jalan Bukit Mata 93100 Kuching tel: + (6082) 42 5051 fax: + (6082) 42 6061 TAX_NEW_A 14/10/2005 3:35 PM Page 94