/akn/my/act/act/2009/693
Text is served through the Arturio legal-data gateway. This reader shows the active Malaysia expression when available.
content_0
UNDANG-UNDANG MALAYSIA VERSI DALAM TALIAN TEKS CETAKAN SEMULA YANG KEMAS KINI Akta 693 Sebagaimana pada 1 Februari 2018 2 Tarikh Perkenan Diraja … … … … 6 Januari 2009 Tarikh penyiaran dalam Warta … … … … 8 Januari 2009 Kali terakhir dipinda melalui Akta 719 yang mula berkuat kuasa pada … … … … lihat Bab VII Akta 719 3 Akta 693 SUSUNAN SEKSYEN
content_0
ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 693 As at 1 February 2018 2 Date of Royal Assent … … … … 6 January 2009 Date of publication in the Gazette … … … … 8 January 2009 Latest amendment made by Act 719 which came into operation on … … … ... See Chap. VII of Act 719 3 Act 693 ARRANGEMENT OF SECTIONS
Chapter
Chapter
content_2
PRELIMINARY Section
content_2
PERMULAAN Seksyen 1. Tajuk ringkas 2. Pindaan Akta
Chapter
section_3
1. Short title 2. Amendment of Acts
Chapter
Part
content_5
PINDAAN KEPADA AKTA CUKAI PENDAPATAN 1967
Part
content_6
AMENDMENTS TO THE INCOME TAX ACT 1967
section_6
3. Permulaan kuat kuasa pindaan kepada Akta Cukai Pendapatan 1967 4. Pindaan seksyen 2 5. Pindaan seksyen 6 6. Pindaan seksyen 6A
section_7
3. Commencement of amendments to the Income Tax Act 1967 4. Amendment of section 2 5. Amendment of section 6 6. Amendment of section 6A
section_7
7. Pindaan seksyen 7 8. Pindaan seksyen 15 9. Pindaan seksyen 15A
section_8
7. Amendment of section 7 8. Amendment of section 15 9. Amendment of section 15A
section_8
10. Seksyen baru 15B
section_9
10. New section 15B 4 Laws of Malaysia ACT 693 Section
section_9
11. Pindaan seksyen 25
section_10
12. Pindaan seksyen 32
section_10
11. Amendment of section 25
section_11
12. Amendment of section 32
section_11
13. Pindaan seksyen 34
section_12
14. Pindaan seksyen 34A 4 Undang-Undang Malaysia AKTA 693 Seksyen
section_12
13. Amendment of section 34
section_13
15. Pindaan seksyen 39
section_13
14. Amendment of section 34A
section_14
16. Pindaan seksyen 44
section_14
15. Amendment of section 39
section_15
16. Amendment of section 44
section_15
17. Pindaan seksyen 44A
section_16
17. Amendment of section 44A
section_16
18. Pindaan seksyen 53
section_17
19. Seksyen baru 53A
section_17
18. Amendment of section 53
section_18
20. Pindaan seksyen 54A
section_18
19. New section 53A
section_19
21. Seksyen baru 77B
section_19
20. Amendment of section 54A
section_20
21. New section 77B
section_20
22. Seksyen baru 91A
section_21
22. New section 91A
section_21
23. Pindaan seksyen 93
section_22
23. Amendment of section 93
section_22
24. Pindaan seksyen 96
section_23
24. Amendment of section 96
section_23
25. Seksyen baru 97A
section_24
25. New section 97A
section_24
26. Pindaan seksyen 98
section_25
27. Pindaan seksyen 103
section_25
26. Amendment of section 98 27. Amendment of section 103 28. Amendment of section 104 29. Amendment of section 106 30. Amendment of section 107A
section_26
28. Pindaan seksyen 104
section_26
31. Amendment of section 107B
section_27
32. Amendment of section 107C
section_27
29. Pindaan seksyen 106
section_28
33. Amendment of section 109 34. Amendment of section 109B
section_28
30. Pindaan seksyen 107A
section_29
31. Pindaan seksyen 107B
section_29
35. Amendment of section 109D
section_30
36. Amendment of section 109E
section_30
32. Pindaan seksyen 107C
section_31
37. New section 109F
section_31
33. Pindaan seksyen 109
section_32
38. Deletion of section 130 39. New section 138C
section_32
34. Pindaan seksyen 109B
section_33
40. New section 140A Finance 5 Section 41. Amendment of section 154 42. Amendment of Schedule 1 43. Amendment of Schedule 3 44. Amendment of Schedule 5 45. Amendment of Schedule 6 46. Amendment of Schedule 7A
section_33
35. Pindaan seksyen 109D
Part
section_34
36. Pindaan seksyen 109E
content_35
SAVINGS AND TRANSITIONAL PROVISIONS
section_35
37. Seksyen baru 109F
section_36
47. Application of this Part
section_36
38. Pemotongan seksyen 130
section_37
48. Statement to Director General
section_37
39. Seksyen baru 138C
section_38
49. Amount in excess of 108 balance
section_38
40. Seksyen baru 140A
section_39
41. Pindaan seksyen 154
section_39
50. Set-off for tax deducted
Chapter
section_40
42. Pindaan Jadual 1
content_41
AMENDMENTS TO THE STAMP ACT 1949
section_41
43. Pindaan Jadual 3
section_42
51. Commencement of amendments to the Stamp Act 1949
section_42
44. Pindaan Jadual 5
section_43
52. Amendment of section 2
section_43
45. Pindaan Jadual 6 Kewangan 5 Seksyen
section_44
53. Amendment of section 7
section_44
46. Pindaan Jadual 7A
Part
section_45
54. New section 11A
content_46
PERUNTUKAN KECUALIAN DAN PERALIHAN
section_46
55. Amendment of section 12
section_47
47. Pemakaian Bahagian ini
section_47
56. Amendment of section 36
section_48
48. Penyata kepada Ketua Pengarah
section_48
57. Amendment of section 37
section_49
58. Amendment of section 40
section_49
49. Amaun lebihan baki 108
section_50
50. Tolakan bagi cukai yang dipotong
section_50
59. Amendment of section 48
Part
section_51
60. New section 50A
content_52
PINDAAN KEPADA AKTA SETEM 1949
section_52
61. Amendment of section 57
section_53
62. Amendment of section 59A
section_53
51. Permulaan kuat kuasa pindaan kepada Akta Setem 1949
section_54
63. New sections 77A and 77B 6 Laws of Malaysia ACT 693 Section
section_54
52. Pindaan seksyen 2
section_55
64. Amendment of section 82
section_55
53. Pindaan seksyen 7
section_56
65. Amendment of First Schedule
section_56
54. Seksyen baru 11A
Chapter
section_57
55. Pindaan seksyen 12
content_58
AMENDMENTS TO THE PETROLEUM (INCOME TAX) ACT 1967
section_58
56. Pindaan seksyen 36
section_59
66. Commencement of amendments to the Petroleum (Income Tax) Act 1967
section_59
57. Pindaan seksyen 37
section_60
58. Pindaan seksyen 40
section_60
67. Amendment of section 16
section_61
59. Pindaan seksyen 48
section_61
68. New section 41A
section_62
69. Amendment of Second Schedule
section_62
60. Seksyen baru 50A
section_63
70. Amendment of Third Schedule
section_63
61. Pindaan seksyen 57
Chapter
section_64
62. Pindaan seksyen 59A
content_65
AMENDMENT TO THE LABUAN OFFSHORE BUSINESS ACTIVITY TAX ACT 1990
section_65
63. Seksyen baru 77A dan 77B
section_66
64. Pindaan seksyen 82
section_66
71. Commencement of amendment to the Labuan Offshore Business Activity Tax Act 1990
section_67
65. Pindaan Jadual Pertama 6 Undang-Undang Malaysia AKTA 693
section_67
72. Amendment of section 3A 7 Act 693
Part
preamble_68
An Act to amend the Income Tax Act 1967, the Stamp Act 1949, the Petroleum (Income Tax) Act 1967 and the Labuan Offshore Business Activity Tax Act 1990. [ ] ENACTED by the Parliament of Malaysia as follows:
Chapter
content_69
PINDAAN KEPADA AKTA PETROLEUM (CUKAI PENDAPATAN) 1967 Seksyen
content_70
PRELIMINARY Short title
section_70
66. Permulaan kuat kuasa pindaan kepada Akta Petroleum (Cukai Pendapatan 1967)
section_71
1. This Act may be cited as the Finance Act 2009. Amendment of Acts
section_71
67. Pindaan seksyen 16
section_72
68. Seksyen baru 41A
section_72
2. The Income Tax Act 1967 [Act 53], the Stamp Act 1949 [Act 378], the Petroleum (Income Tax) Act 1967 [Act 543] and the Labuan Offshore Business Activity Tax Act 1990 [Act 445] are amended in the manner specified in Chapters II, III, IV and V respectively. 8 Laws of Malaysia ACT 693
Chapter
section_73
69. Pindaan Jadual Kedua
Part
section_74
70. Pindaan Jadual Ketiga
content_75
AMENDMENTS TO THE INCOME TAX ACT 1967 Commencement of amendments to the Income Tax Act 1967
Part
content_76
PINDAAN KEPADA AKTA CUKAI AKTIVITI PERNIAGAAN LUAR PESISIR LABUAN 1990
section_76
3. (1) Paragraph 45(a) has effect for the year of assessment 2008 and subsequent years of assessment.
section_77
71. Permulaan kuat kuasa pindaan kepada Akta Cukai Aktiviti Perniagaan Luar Pesisir Labuan 1990
subsection_77
(2) Sections 4, 6, 7, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27, 29, 38, paragraphs 42(a) and (b), paragraphs 43(b), (c), (d), (e) and (f), paragraph 45(b), paragraphs 46(a), (c), (d), (f) and (g) and subparagraphs 46(e)(i) and (ii) have effect for the year of assessment 2009 and subsequent years of assessment.
section_78
72. Pindaan seksyen 3A 7 Akta 693 Suatu Akta untuk meminda Akta Cukai Pendapatan 1967, Akta Setem 1949, Akta Petroleum (Cukai Pendapatan) 1967 dan Akta Cukai Aktiviti Perniagaan Luar Pesisir Labuan 1990. [ ] DIPERBUAT oleh Parlimen Malaysia seperti yang berikut:
subsection_78
(3) Sections 8, 9, 26, 28, 30, 31, 33, 34, 35, 36, paragraph 43(a), section 44, paragraph 46(b) and sections 47, 48, 49 and 50 come into operation on the coming into operation of this Act.
Chapter
subsection_79
(4) Sections 5, 10, 15, 25, 37, 39, 40 and 41 and paragraph 42(d) come into operation on 1 January 2009.
content_80
PERMULAAN Tajuk ringkas
subsection_80
(5) Paragraph 42(c) has effect from 1 January 2009 to 31 December 2011.
section_81
1. Akta ini bolehlah dinamakan Akta Kewangan 2009. Pindaan Akta
subsection_81
(6) Subparagraph 46(e)(iii) has effect for the year of assessment 2009 and 2010.
section_82
2. Akta Cukai Pendapatan 1967 [Akta 53], Akta Setem 1949 [Akta 378], Akta Petroleum (Cukai Pendapatan) 1967 [Akta 543] dan Akta Cukai Aktiviti Perniagaan Luar Pesisir Labuan 1990 [Akta 445] dipinda mengikut cara yang dinyatakan masing-masing dalam Bab II, III, IV dan V. 8 Undang-Undang Malaysia AKTA 693
subsection_82
(7) Section 32 has effect for the year of assessment 2010 and subsequent years of assessment. Amendment of section 2
Chapter
section_83
4. The Income Tax Act 1967, which is referred to as the “principal Act” in this Chapter, is amended in section 2 by inserting after the definition of “aggregate income” the following definition: Finance 9 ‘ “amended return” means an amended return made in accordance with section 77B;’. Amendment of section 6
Part
section_84
5. Subsection 6(1) of the principal Act is amended—
content_85
PINDAAN KEPADA AKTA CUKAI PENDAPATAN 1967 Permulaan kuat kuasa pindaan kepada Akta Cukai Pendapatan 1967
paragraph_85
(a) in paragraph (i), by substituting for the words “only for a period of five years commencing from the year of assessment 2007” the words “, in respect of subparagraphs
paragraph_86
(a) and (c) of that Part for a period of three years from the year of assessment 2009 and in respect of subparagraph
section_86
3. (1) Perenggan 45(a) berkuat kuasa bagi tahun taksiran 2008 dan tahun-tahun taksiran yang berikutnya.
paragraph_87
(b) of that Part for a period of five years commencing from the year of assessment 2007”;
subsection_87
(2) Seksyen 4, 6, 7, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27, 29, 38, perenggan 42(a) dan (b), perenggan 43(b), (c), (d), (e) dan (f), perenggan 45(b), perenggan 46(a), (c), (d), (f) dan (g) dan subperenggan 46(e)(i) dan (ii) berkuat kuasa bagi tahun taksiran 2009 dan tahun-tahun taksiran yang berikutnya.
paragraph_88
(b) by substituting for the full stop at the end of paragraph (j) a semicolon; and
subsection_88
(3) Seksyen 8, 9, 26, 28, 30, 31, 33, 34, 35, 36, perenggan 43(a), seksyen 44, perenggan 46(b) dan seksyen 47, 48, 49 dan 50 mula berkuat kuasa apabila mula berkuat kuasanya Akta ini.
paragraph_89
(c) by inserting after paragraph (j) the following paragraph: “(k) subject to section 109F but notwithstanding any other provisions of this Act, income tax shall be charged for each year of assessment upon the income of a non-resident person charged under paragraph 4(f) at the appropriate rate as specified under Part XIII of Schedule 1.”. Amendment of section 6A
subsection_89
(4) Seksyen 5, 10, 15, 25, 37, 39, 40 dan 41 dan perenggan 42(d) mula berkuat kuasa pada 1 Januari 2009.
section_90
6. Subsection 6A(2) of the principal Act is amended by substituting for the words “three hundred and fifty” wherever they appear the words “four hundred”. 10 Laws of Malaysia ACT 693 Amendment of section 7
subsection_90
(5) Perenggan 42(c) berkuat kuasa dari 1 Januari 2009 hingga 31 Disember 2011.
section_91
7. Section 7 of the principal Act is amended by inserting after subsection (1A) the following subsection: “(1B) Notwithstanding subsection (1), where a person who is a citizen and—
subsection_91
(6) Subperenggan 46(e)(iii) berkuat kuasa bagi tahun taksiran 2009 dan 2010.
paragraph_92
(a) is employed in the public services or service of a statutory authority; and
subsection_92
(7) Seksyen 32 berkuat kuasa bagi tahun taksiran 2010 dan tahun-tahun taksiran yang berikutnya. Kewangan 9 Pindaan seksyen 2
paragraph_93
(b) is not in Malaysia at any day in the basis year for that particular year of assessment by reason of—
section_93
4. Akta Cukai Pendapatan 1967, yang disebut “Akta ibu” dalam Bab ini, dipinda dalam seksyen 2 dengan memasukkan selepas takrif “aggregate income” takrif yang berikut: ‘ “amended return” means an amended return made in accordance with section 77B;’. Pindaan seksyen 6
paragraph_94
(i) having and exercising his employment outside Malaysia; or
section_94
5. Subseksyen 6(1) Akta ibu dipinda—
paragraph_95
(a) dalam perenggan (i), dengan menggantikan perkataan “only for a period of five years commencing from the year of assessment 2007” dengan perkataan “, in respect of subparagraphs (a) and (c) of that Part for a period of three years from the year of assessment 2009 and in respect of subparagraph (b) of that Part for a period of five years commencing from the year of assessment 2007”;
subparagraph_95
(ii) attending any course of study in any institution or professional body outside Malaysia which is fully-sponsored by the employer, he is deemed to be a resident for the basis year for that particular year of assessment and for any subsequent basis years when he is not in Malaysia.”. Amendment of section 15
paragraph_96
(b) dengan menggantikan noktah di hujung perenggan (j) dengan koma bertitik; dan
section_96
8. Paragraph 15(a) of the principal Act is amended by substituting for the words “or a State Government” the words “, a State Government or a local authority”. Amendment of section 15A
paragraph_97
(c) dengan memasukkan selepas perenggan (j) perenggan yang berikut: “(k) subject to section 109F but notwithstanding any other provisions of this Act, income tax shall be charged for each year of assessment upon the income of a non-resident person charged under paragraph 4(f) at the appropriate rate as specified under Part XIII of
section_97
9. Subparagraph 15A(i) of the principal Act is amended by substituting for the words “or a State Government” the words “, a State Government or a local authority”. Finance 11 New section 15B
schedule_98
Schedule 1.”. 10 Undang-Undang Malaysia AKTA 693 Pindaan seksyen 6A 6. Subseksyen 6A(2) Akta ibu dipinda dengan menggantikan perkataan “three hundred and fifty” di mana-mana jua terdapat dengan perkataan “four hundred”. Pindaan seksyen 7 7. Seksyen 7 Akta ibu dipinda dengan memasukkan selepas subseksyen (1A) subseksyen yang berikut: “(1B) Notwithstanding subsection (1), where a person who is a citizen and— (a) is employed in the public services or service of a statutory authority; and (b) is not in Malaysia at any day in the basis year for that particular year of assessment by reason of— (i) having and exercising his employment outside Malaysia; or (ii) attending any course of study in any institution or professional body outside Malaysia which is fully-sponsored by the employer, he is deemed to be a resident for the basis year for that particular year of assessment and for any subsequent basis years when he is not in Malaysia.”. Pindaan seksyen 15 8. Perenggan 15(a) Akta ibu dipinda dengan menggantikan perkataan “or a State Government” dengan perkataan “, a State Government or a local authority”. Kewangan 11 Pindaan seksyen 15A 9. Subperenggan 15A(i) Akta ibu dipinda dengan menggantikan perkataan “or a State Government” dengan perkataan “, a State Government or a local authority”. Seksyen baru 15B 10. Akta ibu dipinda dengan memasukkan selepas seksyen 15A seksyen yang berikut: “Derivation of gains or profits in certain cases 15B. Gross income in respect of gains or profits to which paragraph 4(f) applies shall be deemed to be derived from Malaysia— (a) if responsibility for the payment of such gains or profits lies with the Government, a State Government or a local authority; (b) if responsibility for the payment of such gains or profits lies with a person who is a resident for that basis year; or (c) if the payment of such gains or profits is charged as an outgoing or expense in the accounts of a business carried on in Malaysia.”. Pindaan seksyen 25 11. Seksyen 25 Akta ibu dipinda— (a) dalam subseksyen (1), dengan memasukkan selepas perkataan “subsection (1A)” perkataan “or (2A)”; 12 Undang-Undang Malaysia AKTA 693 (b) dalam subseksyen (2), dengan menggantikan perkataan “section 3 and subsection (5)” dengan perkataan “section 3 and subsections (2A) and (5)”; (c) dengan memasukkan selepas subseksyen (2) subseksyen yang berikut: “(2A) Where gross income from an employment in relation to director’s fee or bonus is receivable in respect of the whole or part of the relevant period, that gross income shall, when received in any relevant period, be treated as the gross income of the relevant person for the second mentioned relevant period.”; dan (d) dalam subseksyen (3), dengan menggantikan perkataan “or (2)” dengan perkataan “, (2) or (2A)”. Pindaan seksyen 32 12. Seksyen 32 Akta ibu dipinda— (a) dalam subperenggan (1A)(b)(i), dengan menggantikan perkataan “Bursa Malaysia” dengan perkataan “any stock exchange”; dan (b) dengan memasukkan selepas subseksyen (3) subseksyen yang berikut: “(4) For the purposes of this section, the amount of gross income from the employment mentioned in paragraphs (2)(a), (b) and (3)(c) shall not include the amount of gross income in respect of any right to acquire shares in a company ascertained under subsection (1A).”. Kewangan 13 Pindaan seksyen 34 13. Perenggan 34(6)(h) Akta ibu dipinda dengan memasukkan selepas perkataan “housing,” perkataan “conservation or preservation of environment, enhancement of income of the poor,”. Pindaan seksyen 34A 14. Seksyen 34A Akta ibu dipinda— (a) dalam subseksyen (1)— (i) dengan menggantikan perkataan “research—” dengan perkataan “research approved by the Minister.”; dan (ii) dengan memotong perenggan (a) dan (b); (b) dalam subseksyen (2), dengan menggantikan perkataan “paragraph (1)(a)” dengan perkataan “subsection (1)”; dan (c) dengan memotong subseksyen (3). Pindaan seksyen 39 15. Perenggan 39(1)(j) Akta ibu dipinda dengan memasukkan selepas perkataan “section 109B” perkataan “or 109F”. Pindaan seksyen 44 16. Seksyen 44 Akta ibu dipinda— (a) dalam subseksyen (6), dengan menggantikan proviso dengan proviso yang berikut: 14 Undang-Undang Malaysia AKTA 693 “Provided that the amount to be deducted from the aggregate income for the relevant year in respect of any gift of money made to any institution or organization approved for the purposes of this section by the Director General shall not exceed— (a) in the case of a person other than a company, seven per cent of the aggregate income of that person in the relevant year; or (b) in the case of a company, ten per cent of the aggregate income of that company in the relevant year.”; (b) dalam subseksyen (11B), dengan menggantikan proviso dengan proviso yang berikut: “Provided that the amount to be deducted pursuant to this subsection shall not exceed— (a) in the case of a person other than a company, the difference between the amount of seven per cent of the aggregate income of that person in the relevant year and the total amount that has been deducted pursuant to the proviso to subsections (6) and (11C) for that relevant year; or (b) in the case of a company, the difference between the amount of ten per cent of the aggregate income of that company in the relevant year and the total amount that has been deducted pursuant to the proviso to subsections (6) and (11C) for that relevant year.”; dan (c) dalam subseksyen (11C), dengan menggantikan proviso dengan proviso yang berikut: “Provided that the amount to be deducted pursuant to this subsection shall not exceed— Kewangan 15 (a) in the case of a person other than a company, the difference between the amount of seven per cent of the aggregate income of that person in the relevant year and the total amount that has been deducted pursuant to the proviso to subsections (6) and (11B) for that relevant year; or (b) in the case of a company, the difference between the amount of ten per cent of the aggregate income of that company in the relevant year and the total amount that has been deducted pursuant to the proviso to subsections (6) and (11B) for that relevant year.”. Pindaan seksyen 44A 17. Subseksyen 44A(1) Akta ibu dipinda dengan menggantikan perkataan “fifty per cent” dengan perkataan “seventy per cent”. Pindaan seksyen 53 18. Seksyen 53 Akta ibu dipinda— (a) dengan menggantikan subseksyen (3) dengan subseksyen yang berikut: “(3) In this section, “trade association” means any association of persons, of partnerships or of persons and partnerships formed with the main object of— (a) safeguarding or promoting the business of its members; or (b) developing and advancing the profession of its members.”; dan 16 Undang-Undang Malaysia AKTA 693 (b) dengan memasukkan selepas subseksyen (3) subseksyen yang berikut: “(4) Notwithstanding any other provisions of this Act, a trade association shall, for the purposes of this section, be deemed to be a body of persons and not a partnership.”. Seksyen baru 53A 19. Akta ibu dipinda dengan memasukkan selepas seksyen 53 seksyen yang berikut: “Club, association or similar institution 53A. (1) This section shall apply to a body of persons which carry on a club, association or similar institution other than a trade association to which section 53 applies. (2) Any income of the body of persons from transaction with members and any outgoing or expenses or capital allowances attributable to such income shall be disregarded for the purpose of this Act. (3) The gross income of a body of persons for the basis period for the year of assessment shall include the amount of gross income for that period from the investment made out of any of the fund of the body of persons. (4) The body of persons shall maintain a separate account in respect of income derived from its members and non-members. (5) Where the amount of outgoing or expenses to be allowed or capital allowances to be made to the body of persons are common to income from transaction with members and non-members, the amount of outgoing or expenses that shall be allowed or capital allowances that shall be made to that body of persons in respect of income relating to transaction with non-Kewangan 17 members shall be an amount as determined by applying the method as may be prescribed under this Act. (6) In this section, “members”, in relation to a body of persons, means those persons who are entitled to vote at a general meeting of the body at which effective control is exercised over its affairs.”. Pindaan seksyen 54a 20. Seksyen 54A Akta ibu dipinda— (a) dengan memasukkan selepas subseksyen (1) subseksyen yang berikut: “(1A) Where subsection (1) applies, a person who is entitled to an allowance under Schedule 3 and who has not made any claim under paragraph 77 of that Schedule in respect of such allowance, the amount of such allowance shall be deemed to have been made to him for the purpose of ascertaining his statutory income under subsection (1).”; dan (b) dalam perenggan (2)(a), dengan memasukkan selepas perkataan “capital allowances claimed” perkataan “or deemed to have been made under subsection (1A)”. Seksyen baru 77B 21. Akta ibu dipinda dengan memasukkan selepas seksyen 77A seksyen yang berikut: “Amendment of return 77B. (1) Where for a year of assessment a person has furnished a return in accordance with subsection 77(1) or 77A(1), that person may make amendment to such return in an amended 18 Undang-Undang Malaysia AKTA 693 return as prescribed by the Director General in respect of the amount of tax or additional tax payable by that person on the chargeable income or on the amount of tax which has been or would have been wrongly repaid to him. (2) An amended return under subsection (1) shall only be made after the due date for the furnishing of the return in accordance with subsection 77(1) or 77A(1), but not later than six months from that date. (3) For the purposes of this section, the amended return shall— (a) specify the amount or additional amount of chargeable income and the amount of tax or additional tax payable on that chargeable income; (b) specify the amount of tax payable on the tax which has or would have been wrongly repaid to him; (c) specify the increased sum ascertained in accordance with subsection (4); or (d) contain such particulars as may be required by the Director General. (4) The tax or additional tax payable under subsection (1) shall— (a) if the amended return is furnished within a period of sixty days after the due date for the furnishing of the return in accordance with subsection 77(1) or 77A(1), be increased by a sum equal to ten per cent of the amount of such tax or additional tax; or (b) if the amended return is furnished after the period of sixty days from the due date for the furnishing of the return in accordance with subsection 77(1) or 77A(1) but not later than six months from that Kewangan 19 date, be increased by a sum which shall be determined in accordance with the following formula: B + [(A + B) x 5%] where A is the amount of such tax payable or additional tax payable; and B is ten per cent of the amount of such tax payable or additional tax payable, and the amount of the increased sum shall constitute part of the amount of tax or additional tax payable under subsection (1). (5) The amendment under subsection (1) shall only be made once. (6) Where— (a) a return for a year of assessment has been furnished in accordance with subsection 77(1) or 77A(1); and (b) the Director General has made an assessment for that year of assessment under section 91, no amendment shall be allowed under this section.”. Seksyen baru 91A 22. Akta ibu dipinda dengan memasukkan selepas seksyen 91 seksyen yang berikut: “Deemed assessment on the amended return 91A. (1) Where a person has furnished an amended return in accordance with section 77B for a year of assessment, the Director General shall be deemed to have made, on the day on 20 Undang-Undang Malaysia AKTA 693 which the amended return is furnished, an assessment or additional assessment in respect of that person— (a) in the amount of tax or additional tax payable on the chargeable income; or (b) in the amount of tax which has been or would have been wrongly repaid, the tax or additional tax and the chargeable income being the respective amounts as specified in the amended return. (2) For the purpose of this Act, where the Director General is deemed to have made an assessment or additional assessment under subsection (1)— (a) the amended return referred to in that subsection shall be deemed to be a notice of assessment or additional assessment; and (b) the deemed notice of assessment or additional assessment shall be deemed to have been served on the person on the day on which the Director General is deemed to have made the assessment or additional assessment.”. Pindaan seksyen 93 23. Seksyen 93 Akta ibu dipinda dengan menggantikan perkataan “subsection 90(1)” dengan perkataan “subsections 90(1) and 91A(1)”. Pindaan seksyen 96 24. Subseksyen 96(1) Akta ibu dipinda dengan menggantikan perkataan “subsection 90(1)” dengan perkataan “subsections 90(1) and 91A(1)”. Kewangan 21 Seksyen baru 97A 25. Akta ibu dipinda dengan memasukkan selepas seksyen 97 seksyen yang berikut: “Notification of non-chargeability 97A. (1) Where in ascertaining the chargeable income of a person, it appears to the Director General that no assessment shall be made in respect of that person for any year of assessment by reason of no adjusted income, statutory income, aggregate income or total income, he may notify that person in writing that no assessment shall be made for that year of assessment and the computation with regard to it. (2) Where a person is dissatisfied with the notification made by the Director General under subsection (1), he may within thirty days from the date of being so notified, appeal to the Special Commissioners as if the notification were a notice of assessment and the provisions of this Act relating to appeals shall apply accordingly with such necessary modifications. (3) If no notice of appeal against a notification made by the Director General under subsection (1) has been given within the time specified under that subsection or any extended period thereof, the notification shall be final and conclusive for the purposes of this Act. (4) Nothing in this section shall prejudice the exercise of any power conferred on the Director General by section 91.”. Pindaan seksyen 98 26. Subseksyen 98(3) Akta ibu dipinda dengan menggantikan perkataan “one of those persons to be the Chairman” dengan perkataan “from amongst those persons a Chairman and such number of Deputy Chairman”. 22 Undang-Undang Malaysia AKTA 693 Pindaan seksyen 103 27. Seksyen 103 Akta ibu dipinda— (a) dengan memasukkan selepas subseksyen (1) subseksyen yang berikut: “(1A) Where an assessment or additional assessment has been made under section 91a, the tax or additional tax payable under the assessment shall be due and whether or not that person appeals against the assessment or additional assessment: Provided that where the amended return is furnished within a period of sixty days after the due date and the amount of tax due and payable has not been paid within the period of sixty days from the due date, so much of the tax as is unpaid upon the expiration of that period shall without any further notice being served be further increased by a sum equal to five per cent of the tax so unpaid, and that sum shall be recoverable as if it were tax due and payable under this Act.”; dan (c) dalam subseksyen (9), dengan memasukkan selepas perkataan “sum under subsection” perkataan “(1A),”. Pindaan seksyen 104 28. Seksyen 104 Akta ibu dipinda— (a) dalam perenggan (1)(b), dengan menggantikan perkataan “103(3), (4), (5), (6), (7) or (8)” dengan perkataan “103(1A), (3), (4), (5), (6), (7) or (8), or subsection 107B(4) or 107C(10)”; (b) dalam perenggan (1)(c), dengan menggantikan perkataan “or 109B(2),” dengan perkataan “, 109B(2) or 109F(2),”; dan Kewangan 23 (c) dalam subseksyen (6)— (i) dengan menggantikan noktah di hujung takrif “immigration officer” dengan koma bertitik; dan (ii) dengan memasukkan selepas takrif “immigration officer” takrif yang berikut: ‘ “person” includes any person who is a director within the meaning of section 75A.’. Pindaan seksyen 106 29. Subseksyen 106(3) Akta ibu dipinda dengan menggantikan perkataan “subsection 103(3)” dengan perkataan “subsection 103(1A), (3)”. Pindaan seksyen 107A 30. Seksyen 107A Akta ibu dipinda dengan memasukkan selepas subseksyen (4) subseksyen yang berikut: “(4A) Notwithstanding the foregoing subsections, where the amount due from the payer under subsection (1) is increased by a sum under subsection (2), the Director General may in his discretion for any good cause shown remit the whole or any part of that sum and, where the amount remitted has been paid, the Director General shall repay the same.”. Pindaan seksyen 107C 32. Seksyen 107C Akta ibu dipinda— (a) dalam subseksyen (4A), dengan menggantikan perkataan “Where a company” dengan perkataan “Subject to subsections (4B) and (4C), where a company”; 24 Undang-Undang Malaysia AKTA 693 (b) dengan memasukkan selepas subseksyen (4A) subseksyen yang berikut: “(4B) The provision of subsection (4A) shall not apply to a company referred to in that subsection if more than— (a) fifty per cent of the paid up capital in respect of ordinary shares of the company is directly or indirectly owned by a related company; (b) fifty per cent of the paid up capital in respect of ordinary shares of the related company is directly or indirectly owned by the first mentioned company; or (c) fifty per cent of the paid up capital in respect of ordinary shares of the first mentioned company and the related company is directly or indirectly owned by another company. (4C) For the purpose of subsection (4B), “related company” means a company which has a paid up capital in respect of ordinary shares of more than two million and five hundred thousand ringgit at the beginning of the basis period for a year of assessment.”; (c) dalam subseksyen (8), dengan memasukkan selepas perkataan “(7)” perkataan “but subject to subsection (8A)”; dan (d) dengan memasukkan selepas subseksyen (8) subseksyen yang berikut: “(8A) Where the Director General directs a company to make payment by instalments under subsection (8) before the sixth month of the basis period for a year of assessment of that company, the total amount of that instalments shall be deemed for the purpose of this section to be the estimate of tax payable by that company for that year of assessment: Kewangan 25 Provided that, subject to any revision under subsection (7), that instalments shall be payable in accordance with subsections (8) and (9). (8B) Where subsection (8A) applies and for a year of assessment, a company has furnished a revised estimate under subsection (7), reference to the amount of instalments which is payable in subsection (7) shall be construed as reference to the amount of instalments which is payable under subsection (8) prior to the revised estimate.”. Pindaan seksyen 109 33. Seksyen 109 Akta ibu dipinda— (a) dalam subseksyen (1), dengan menggantikan proviso dengan proviso yang berikut: “Provided that the Director General may under special circumstances allow extension of time for tax deducted to be paid over.”; dan (b) dengan memasukkan selepas subseksyen (3) subseksyen yang berikut: “(3A) Notwithstanding the foregoing subsections, where the amount due from the payer under subsection (1) is increased by a sum under subsection (2), the Director General may in his discretion for any good cause shown remit the whole or any part of that sum and, where the amount remitted has been paid, the Director General shall repay the same.”. Pindaan seksyen 109B 34. Seksyen 109B Akta ibu dipinda— 26 Undang-Undang Malaysia AKTA 693 (a) dalam subseksyen (1), dengan menggantikan proviso dengan proviso yang berikut: “Provided that the Director General may under special circumstances allow extension of time for tax deducted to be paid over.”; dan (b) dengan memasukkan selepas subseksyen (3) subseksyen yang berikut: “(3A) Notwithstanding the foregoing subsections, where the amount due from the payer under subsection (1) is increased by a sum under subsection (2), the Director General may in his discretion for any good cause shown remit the whole or any part of that sum and, where the amount remitted has been paid, the Director General shall repay the same.”. Pindaan seksyen 109D 35. Seksyen 109D Akta ibu dipinda— (a) dalam subseksyen (2), dengan menggantikan proviso dengan proviso yang berikut: “Provided that the Director General may under special circumstances allow extension of time for tax deducted to be paid over.”; dan (b) dengan memasukkan selepas subseksyen (4) subseksyen yang berikut: “(4A) Notwithstanding the foregoing subsections, where the amount due from the payer under subsection (2) is increased by a sum under subsection (3), the Director General may in his discretion for any good cause shown remit the whole or any part of that sum and, where the Kewangan 27 amount remitted has been paid, the Director General shall repay the same.”. Pindaan seksyen 109E 36. Seksyen 109E Akta ibu dipinda— (a) dengan menggantikan subseksyen (3) dengan subseksyen yang berikut: “(3) The Director General may in relation to subsection (2) under special circumstances allow extension of time for the amount of tax deducted to be paid over.”; dan (b) dengan memasukkan selepas subseksyen (6) subseksyen yang berikut: “(7) Notwithstanding the foregoing subsections, where the amount due from the payer under subsection (2) is increased by a sum under subsection (4), the Director General may in his discretion for any good cause shown remit the whole or any part of that sum and, where the amount remitted has been paid, the Director General shall repay the same.”. Seksyen baru 109F 37. Akta ibu dipinda dengan memasukkan selepas seksyen 109E seksyen yang berikut: “Deduction of tax from gains or profits in certain cases derived from Malaysia 109F. (1) Where any person (in this section referred to as “the payer”) is liable to make payments to a non-resident in relation to 28 Undang-Undang Malaysia AKTA 693 any gains or profits falling under paragraph 4(f) which is derived from Malaysia, he shall upon paying or crediting such payments deduct therefrom tax at the rate applicable to such payments, and (whether or not that tax is so deducted) shall within one month after paying or crediting such payments render an account and pay the amount of that tax to the Director General: Provided that the Director General may under special circumstances allow extension of time for the amount of tax deducted to be paid over. (2) Where the payer fails to pay any amount due from him under subsection (1), the amount which he fails to pay shall be increased by a sum equal to ten per cent of the amount which he fails to pay, and that amount and the increased sum shall be a debt due from him to the Government and shall be payable forthwith to the Director General. (3) Where in pursuance of this section any amount is paid to the Director General by the payer or recovered by the Director General from the payer— (a) the Director General shall, in the manner provided by section 110, apply that amount towards payment of the tax charged on the person to whom the payer was liable to pay the payments to which the amount relates; and (b) if the payer has not deducted that amount in paying the payment under subsection (1) with respect to which the amount relates, he may recover that amount from that person as a debt due to the payer. (4) Notwithstanding the foregoing subsections, where the amount due from the payer under subsection (1) is increased by a sum under subsection (2), the Director General may in his discretion for any good cause shown remit the whole or any part of that sum and, where the amount remitted has been paid, the Director General shall repay the same. Kewangan 29 (5) Section 110 shall apply mutatis mutandis to tax deducted under this section.”. Pemotongan seksyen 130 38. Akta ibu dipinda dengan memotong seksyen 130. Seksyen baru 138C 39. Akta ibu dipinda dengan memasukkan selepas seksyen 138B seksyen yang berikut: “Advance Pricing Arrangement 138C. (1) Subject to this section and any rules prescribed under this Act, on the application made to the Director General by any person who carries out a cross border transaction with an associated person— (a) the Director General may enter into an advance pricing arrangement with that person; or (b) in the case where section 132 applies, the competent authorities may enter into an advance pricing arrangement, in order to determine the transfer pricing methodology to be used in any future apportionment or allocation of income or deduction to ensure the arm’s length transfer prices in relation to that transaction. (2) An application under subsection (1) shall be made in the prescribed form and shall contain particulars as may be required by the Director General. (3) The transactions referred to in subsection (1) shall be construed as a transaction between— 30 Undang-Undang Malaysia AKTA 693 (a) persons one of whom has control over the other; (b) individuals who are relatives of each other; or (c) persons both of whom are controlled by some other person. (4) In this section, “relative” and “transaction” have the same meanings assigned to them under subsection 140(8).”. Seksyen baru 140A 40. Akta ibu dipinda dengan memasukkan selepas seksyen 140 seksyen yang berikut: “Power to substitute the price and disallowance of interest on certain transactions 140A. (1) This section shall apply notwithstanding section 140 and subject to any rules prescribed under this Act. (2) Subject to subsections (3) and (4), where a person in the basis period for a year of assessment enters into a transaction with an associated person for that year for the acquisition or supply of property or services, then, for all purposes of this Act, that person shall determine and apply the arm’s length price for such acquisition or supply. (3) Where the Director General has reason to believe that any property or services referred to in subsection (2) is acquired or supplied at a price which is either less than or greater than the price which it might have been expected to fetch if the parties to the transaction had been independent persons dealing at arm’s length, he may in determination of the gross income, adjusted income or adjusted loss, statutory income, total income or chargeable income of the person, substitute the price in respect of the transaction to reflect an arm’s length price for the transaction. Kewangan 31 (4) Where the Director General, having regard to the circumstances of the case, is of the opinion that in the basis period for a year of assessment the value or aggregate of all financial assistance granted by a person to an associated person who is a resident, is excessive in relation to the fixed capital of such person, any interest, finance charge, other consideration payable for or losses suffered in respect of the financial assistance shall, to the extent to which it relates to the amount which is excessive, be disallowed as a deduction for the purposes of this Act. (5) The transactions or the financial assistance referred to in subsection (2) or (4) respectively, shall be construed as a transaction or financial assistance between— (a) persons one of whom has control over the other; (b) individuals who are relatives of each other; or (c) persons both of whom are controlled by some other person. (6) In this section, “relative” and “transaction” have the same meanings assigned to them under subsection 140(8).”. Pindaan seksyen 154 41. Subseksyen 154(1) Akta ibu dipinda— (a) dalam perenggan (eb), dengan memasukkan selepas perkataan “or 138B” perkataan “, or to any arrangement under section 138C”; dan (b) dengan memasukkan selepas perenggan (ec) perenggan yang berikut: “(ed) implementing and facilitating the operation of section 140A;”. 32 Undang-Undang Malaysia AKTA 693 Pindaan Jadual 1 42. Jadual 1 kepada Akta ibu dipinda— (a) dalam Bahagian 1— (i) dengan menggantikan perenggan 1 dengan perenggan yang berikut: “1. Except where paragraphs 1A, 2, 2A and 3 provide otherwise, income tax shall be charged for a year of assessment upon the chargeable income of every person at the following rates: Chargeable Income RM Rate of Income Tax For every ringgit of the first 2,500 0 per cent For every ringgit of the next 2,500 1 per cent For every ringgit of the next 15,000 3 per cent For every ringgit of the next 15,000 7 per cent For every ringgit of the next 15,000 12 per cent For every ringgit of the next 20,000 19 per cent For every ringgit of the next 30,000 24 per cent For every ringgit exceeding 100,000 27 per cent”; (ii) dalam perenggan 1A, dengan menggantikan perkataan “28 per cent” dengan perkataan “27 per cent”; Kewangan 33 (iii) dalam perenggan 2A, dengan menggantikan perkataan “paragraph 3” dengan perkataan “paragraphs 2B, 2C and 3”; dan (iv) dengan memasukkan selepas perenggan 2A perenggan yang berikut: “2B. The provisions of paragraph 2A shall not apply to a company referred to in that paragraph if more than— (a) fifty per cent of the paid up capital in respect of ordinary shares of the company is directly or indirectly owned by a related company; (b) fifty per cent of the paid up capital in respect of ordinary shares of the related company is directly or indirectly owned by the first mentioned company; or (c) fifty per cent of the paid up capital in respect of ordinary shares of the first mentioned company and the related company is directly or indirectly owned by another company. 2C. For the purpose of paragraph 2B, “related company” means a company which has a paid up capital in respect of ordinary shares of more than two million and five hundred thousand ringgit at the beginning of the basis period for a year of assessment.”; (b) dalam Bahagian IV, dalam ruang “Rate of income tax”— (i) dengan menggantikan perkataan “3 per cent” dengan perkataan “2 per cent”; dan (ii) dengan menggantikan perkataan “28 per cent” dengan perkataan “27 per cent”; (c) dalam Bahagian X— (i) dalam subperenggan 1(a), dengan menggantikan perkataan “15%” dengan perkataan “10%”; dan 34 Undang-Undang Malaysia AKTA 693 (ii) dalam subperenggan 1(c), dengan menggantikan perkataan “20%” dengan perkataan “10%”; dan (d) dengan memasukkan selepas Bahagian XII Bahagian yang berikut: “PART XIII Notwithstanding Parts I and II but subject to Parts X, XI and XII, income tax shall be charged on the income of a non-resident person consisting of gains or profits falling under paragraph 4(f) which is derived from Malaysia at the rate of 10% of gross.” Pindaan Jadual 3 43. Jadual 3 kepada Akta ibu dipinda— (a) dengan memasukkan selepas perenggan 2C perenggan yang berikut: “2D. For the purpose of paragraph 1, the capital expenditure incurred by a person on the provision of machinery or plant shall not include any amount paid to a non-resident person in consideration of services rendered in connection with the installation or operation of that machinery or plant, if tax has not been deducted therefrom and paid to the Director General under paragraph 109B(1)(a) of the Act: Provided that this paragraph shall not apply if the person has paid the amount referred to in subsection 109B(2).”; (b) dengan memasukkan selepas subperenggan 19A(2) subperenggan yang berikut: “(3) The proviso to subparagraph (1) shall not apply to a company resident in Malaysia which has a paid up capital in respect of ordinary shares of two million and five hundred thousand ringgit and less at the beginning of the basis period for a year of assessment. (4) A company referred to in subparagraph (3) shall not include a company where more than— Kewangan 35 (a) fifty per cent of the paid up capital in respect of ordinary shares of the second mentioned company is directly or indirectly owned by a related company; (b) fifty per cent of the paid up capital in respect of ordinary shares of the related company is directly or indirectly owned by the second mentioned company; or (c) fifty per cent of the paid up capital in respect of ordinary shares of the second mentioned company and the related company is directly or indirectly owned by another company. (5) For the purpose of subparagraph (4), “related company” means a company which has a paid up capital in respect of ordinary shares of more than two million and five hundred thousand ringgit at the beginning of the basis period for a year of assessment.”; (c) dalam perenggan 36— (i) dengan menggantikan noktah di hujung perenggan itu dengan noktah bertindih; dan (ii) dengan memasukkan proviso yang berikut: “Provided that this paragraph shall not apply in respect of any amount incurred under paragraph 67C.”; (d) dalam tajuk sebelum perenggan 37B, dengan memotong perkataan “or training”; (e) dalam perenggan 37B— (i) dengan memotong perkataan “, industrial training or training”; (ii) dengan menggantikan noktah bertindih dengan noktah; (iii) dengan memotong proviso; dan 36 Undang-Undang Malaysia AKTA 693 (iv) dalam subperenggan (a), dengan memasukkan selepas koma bertitik perkataan “or”; dan (v) dengan memotong perenggan (b) dan (d); dan (f) dengan memasukkan selepas perenggan 67B perenggan yang berikut: “67C. (1) For the purpose of this Schedule, where— (a) a person has incurred qualifying plant expenditure in respect of an asset for the purposes of a business of his and in the basis period for a year of assessment the asset is disposed of; and (b) pursuant to any written law or agreement, that person is subsequently required to dismantle and remove the asset and restore the site on which the asset is located, the residual expenditure under paragraph 68 of this Schedule shall be deemed to include any amount incurred for dismantling and removing the asset and restoring the site. (2) Notwithstanding paragraph 61, in this paragraph “disposed of” means discarded, destroyed or ceased to be used for the purposes of the business. (3) This paragraph shall not apply if the asset which has been dismantled and removed is subsequently used for any other business of that person or any other person. (4) The amount incurred in subparagraph (1) shall not include any amount paid to a non-resident which are subject to section 109B, if tax has not been deducted therefrom and paid to the Director General under that section: Provided that this paragraph shall not apply if the person has paid the amount referred to in subsection 109B(2).”. Pindaan Jadual 5 44. Perenggan 1 Jadual 5 kepada Akta ibu dipinda— Kewangan 37 (a) dalam subperenggan (2), dengan memasukkan selepas perkataan “Chairman” perkataan “or Deputy Chairman”; (b) dengan menggantikan subperenggan (3) dengan subperenggan yang berikut: “(3) Two or more hearing of appeals may be heard concurrently at any one time.”; dan (c) dengan memasukkan selepas subperenggan (3) subperenggan yang berikut: “(4) If the Chairman or Deputy Chairman has not been appointed or is not present at the hearing of the appeals, the Special Commissioners present at the hearing of the appeals shall choose one of their number, who shall be a person with experience of the kind mentioned in subparagraph (1), to preside at the hearing.”. Pindaan Jadual 6 45. Jadual 6 kepada Akta ibu dipinda— (a) dalam perenggan 25C— (i) dengan menggantikan perkataan “or service excellence award” dengan perkataan “, service excellence, innovation or productivity award”; dan (ii) dengan menggantikan perkataan “one thousand ringgit” dengan perkataan “two thousand ringgit”; dan (b) dalam subperenggan 28(1), dengan menggantikan perkataan “Without prejudice to the provisions of section 130, income of” dengan perkataan “Income of”. 38 Undang-Undang Malaysia AKTA 693 Pindaan Jadual 7A 46. Jadual 7A kepada Akta ibu dipinda— (a) dengan menggantikan perkataan “twelve months” di mana-mana jua terdapat dalam perenggan 1, 1A dan 1C dengan perkataan “thirty-six months”; (b) dengan menggantikan perenggan 1B dengan perenggan yang berikut: “1B. (1) Where a company has incurred capital expenditure in respect of an asset for the purpose of a qualifying project and that asset is acquired by a person (in this paragraph referred to as “the acquirer”) from that company or from any other person (in this paragraph referred to as “the disposer”) and at the time of the acquisition— (a) the disposer of the asset is a person over whom the acquirer of the asset has control; (b) the acquirer of the asset is a person over whom the disposer of the asset has control; (c) some other person has control directly or indirectly over the disposer and acquirer of the asset; or (d) the acquisition is effected in consequence of a scheme of reconstruction or amalgamation of companies, this Schedule shall not apply to the acquirer in respect of the asset. (2) In this paragraph— “asset” means a factory, plant or machinery referred to in paragraph 1, or plant, machinery or building referred to in the definition of “capital expenditure” in paragraph 9; “control”, in relation to a company, means the power of a person to secure, by means of the holding of shares or the possession of voting power in or in relation to that or any other company, or by virtue of any powers conferred by the articles of association or other document regulating that or any other company, that the affairs of the first mentioned company are conducted in accordance with the wishes of that person.”; Kewangan 39 (c) dalam perenggan 2A, dengan menggantikan perkataan “two years” dengan perkataan “five years”; (d) dengan menggantikan subperenggan 7(b) dengan subperenggan yang berikut: “(b) for the period prescribed under the relevant provisions of the Promotion of Investments Act 1986 in respect of a promoted activity or promoted product for which the company has been granted approval for investment tax allowance under the relevant provisions of that Act;”; (e) dalam perenggan 8— (i) dalam subperenggan (a), dengan memotong perkataan “or processing”; (ii) dengan memotong subperenggan (b); (iii) dengan menggantikan subperenggan (d) dengan subperenggan yang berikut: “(d) a project undertaken by a person— (i) in transforming his business of rearing chickens and ducks from an opened house to a closed house system; or (ii) in expanding his existing business of rearing chickens and ducks in a closed house system, as verified by the Minister responsible for agriculture and agro-based industry.”; (f) dalam perenggan 9— (i) dengan memasukkan selepas takrif “incurred” takrif yang berikut: ‘ “manufacturing” means— (a) conversion by manual or mechanical means of organic or inorganic materials into a new product by changing 40 Undang-Undang Malaysia AKTA 693 the size, shape, composition, nature or quality of such materials; (b) assembly of parts into a piece of machinery or products; or (c) mixing of materials by a chemical reaction process including biochemical process that changes the structure of a molecule by the breaking of the intra molecular bonds or by altering the spatial arrangement of atom in the molecule, but does not include— (aa) the installation of machinery or equipment for the purpose of construction; (bb) a simple packaging operations such as bottling, placing in boxes, bags and cases; (cc) a simple fixing; (dd) a simple mixing of any products; (ee) a simple assembly of parts; (ff) any activity to ensure the preservation of products in good condition during transportation and storage; (gg) any activity to facilitate shipment and transportation; (hh) any activity of packaging or presenting goods for sale; or (ii) any activity that may be prescribed by the Minister, notwithstanding the above interpretation;’; (ii) dengan menggantikan noktah di hujung takrif “operation” dengan koma bertitik; dan (iii) dengan memasukkan selepas takrif “operation” takrif yang berikut: ‘ “simple” generally describes an activity which does not need special skills, machines, apparatus or equipment Kewangan 41 especially produced or installed for carrying out the activity.’; dan (g) dalam perenggan 11, dengan menggantikan perkataan “twelve months” di mana-mana jua terdapat dengan perkataan “thirty-six months”. BAHAGIAN II PERUNTUKAN KECUALIAN DAN PERALIHAN Pemakaian Bahagian ini 47. (1) Seksyen 48, 49 dan 50 hendaklah dibaca bersama dengan dan sebagai tambahan kepada masing-masing peruntukan seksyen 45, 46 dan 51 Akta Kewangan 2007 [Akta 683]. (2) Jika terdapat apa-apa ketidakselarasan antara mana-mana peruntukan Bahagian ini dengan mana-mana peruntukan Akta ibu, peruntukan Akta ibu itu adalah terbatal setakat ketidakselarasan itu. Penyata kepada Ketua Pengarah 48. (1) Walaupun tiada dividen dibayar oleh suatu syarikat menurut subseksyen 40(1) Akta Kewangan 2007 syarikat itu hendaklah, dalam masa tujuh bulan berikutan dengan penutupan tempoh perakaunan yang merupakan tempoh asas syarikat itu bagi tahun taksiran 2008, 2009, 2010, 2011, 2012, 2013 atau 2014 (jika terpakai), mengemukakan kepada Ketua Pengarah suatu penyata dalam borang yang ditetapkan yang mengandungi butir-butir yang dikehendaki bagi maksud menentukan baki 108 atau baki 108 tersemak, atau mana-mana lebihan di bawah seksyen 48 Akta Kewangan 2007 atau seksyen 49 pada akhir tempoh asas itu. (2) Kegagalan syarikat itu untuk mematuhi subseksyen (1) merupakan suatu kesalahan di bawah subseksyen 120(1) Akta ibu. 42 Undang-Undang Malaysia AKTA 693 (3) Suatu penyata di bawah seksyen ini bolehlah dikemukakan kepada Ketua Pengarah mengikut seksyen 152A Akta ibu. (4) Jika berhubung dengan tahun taksiran 2008, 2009, 2010, 2011, 2012, 2013 atau 2014 suatu syarikat tidak mengemukakan penyata mengikut seksyen ini atau seksyen 45 Akta Kewangan 2007 Ketua Pengarah boleh mengira amaun lebihan yang disebut dalam seksyen 48 Akta Kewangan 2007 atau seksyen 49 dan hendaklah menyerahkan kepada syarikat itu satu rekuisisi bertulis dalam borang yang ditetapkan meminta syarikat itu membayar amaun yang bersamaan dengan lebihan itu dan amaun yang dinaikkan tidak melebihi amaun yang bersamaan dengan lebihan itu, dan amaun yang bersamaan dengan lebihan itu dan kenaikan amaun itu hendaklah menjadi hutang yang kena dibayar oleh syarikat itu kepada Kerajaan dan hutang itu hendaklah dibayar dengan serta-merta kepada Ketua Pengarah apabila rekuisisi itu disampaikan. (5) Apa-apa hutang yang genap masa di bawah seksyen ini hendaklah boleh dituntut seolah-olah ia adalah cukai yang genap masa dan kena dibayar di bawah Akta ibu. Amaun lebihan baki 108 49. (1) Jika amaun cukai yang dilepaskan, diremitkan atau dibayar balik di bawah seksyen 46 Akta Kewangan 2007 melebihi baki 108 atau baki 108 tersemak, mengikut mana-mana yang berkenaan, lebihan itu hendaklah menjadi hutang yang kena dibayar oleh syarikat itu kepada Kerajaan dan hutang itu hendaklah kena dibayar pada hari terakhir pada bulan ketujuh (dalam seksyen ini disebut “tarikh kena dibayar”) dari tarikh yang berikutan dengan penutupan tempoh perakaunan syarikat itu yang baginya cukai itu dilepaskan, diremitkan atau dibayar balik. (2) Jika apa-apa amaun yang terhutang dan kena dibayar di bawah subseksyen (1) tidak dibayar pada tarikh kena dibayar, amaun hutang yang tidak dibayar itu hendaklah, tanpa apa-apa notis selanjutnya disampaikan, dinaikkan dengan suatu amaun yang bersamaan dengan sepuluh peratus hutang yang tidak dibayar itu, dan amaun yang tidak Kewangan 43 dibayar itu dan kenaikan atas amaun yang tidak dibayar itu hendaklah menjadi hutang yang kena dibayar oleh syarikat itu kepada Kerajaan dan hutang itu hendaklah kena dibayar dengan serta-merta kepada Ketua Pengarah. (3) Seksyen ini hendaklah terpakai jika tiada dividen dibayar menurut seksyen 40 Akta Kewangan 2007. (4) Seksyen ini hendaklah terpakai walaupun syarikat itu telah melaksanakan opsyen yang tidak boleh batal di bawah seksyen 50 Akta Kewangan 2007. (5) Apa-apa hutang yang genap masa di bawah seksyen ini hendaklah boleh dituntut seolah-olah ia adalah cukai yang genap masa dan kena dibayar di bawah Akta ibu. Tolakan bagi cukai yang dipotong 50. Seseorang tidak layak kepada tolakan mengikut seksyen 51 Akta Kewangan 2007 jika dividen yang dibayar kepada orang itu tidak dibayar secara tunai. BAHAGIAN III PINDAAN KEPADA AKTA SETEM 1949 Permulaan kuat kuasa pindaan kepada Akta Setem 1949 51. Bab ini mula berkuat kuasa pada 1 Januari 2009. Pindaan seksyen 2 52. Akta Setem 1949, yang disebut “Akta ibu” dalam Bab ini, dipinda dalam seksyen 2— 44 Undang-Undang Malaysia AKTA 693 (a) dalam takrif “duly stamped”, dengan menggantikan proviso dengan proviso yang berikut: “Provided that a stamp certificate or official receipt for the proper amount or amount of initial duty may be attached or affixed to any instrument in lieu of the stamp, and the instrument shall be deemed to be duly stamped;”; dan (b) dengan memasukkan selepas takrif “small and medium enterprise” takrif yang berikut: ‘ “stamp certificate” means a certificate that is issued electronically in respect of any instrument chargeable with duty denoting the amount of duty paid in respect of that instrument;’. Pindaan seksyen 7 53. Seksyen 7 Akta ibu dipinda dengan menggantikan subseksyen (1) dengan subseksyen yang berikut: “(1) Subject to any rules made under paragraph 82(b), all duties with which any instruments are chargeable under this Act shall be paid, and payment shall be indicated on such instrument by— (a) means of an adhesive stamp; (b) affixing an official receipt to such instrument; or (c) attaching a stamp certificate to such instrument.”. Seksyen baru 11A 54. Akta ibu dipinda dengan memasukkan selepas seksyen 11 seksyen yang berikut: Kewangan 45 “Replica 11A. (1) Where a replicate of an instrument is presented to the Collector, the replicate of such instrument shall not be deemed to be duly stamped unless it can be shown to the satisfaction of the Collector that all the facts and circumstances affecting the liability of the original instrument to duty, and the amount of the duty chargeable thereon has been paid. (2) For the purpose of subsection (1), the Collector shall indorse on the replicate of the instrument that full and proper duty with which the original is chargeable had been paid upon payment of a fee of one hundred ringgit for each replicate of an instrument.”. Pindaan seksyen 12 55. Akta ibu dipinda dengan menggantikan seksyen 12 dengan seksyen yang berikut: “12. The duplicate or counterpart of an instrument chargeable with duty (except the counterpart of an instrument chargeable as a lease, such counterpart not being executed by or on behalf of any lessor or grantor) shall not be deemed to be duly stamped unless— (a) it is stamped as an original instrument; (b) it appears by a certificate indorsed by the Collector on the duplicate or counterpart that full and proper duty has been paid on the original instrument; or (c) there is denoted on the stamp certificate issued for the duplicate or counterpart that payment of the stamp duty has been paid in respect of the original instrument.”. 46 Undang-Undang Malaysia AKTA 693 Pindaan seksyen 36 56. Seksyen 36 Akta ibu dipinda dengan menggantikan subseksyen (1) dengan subseksyen yang berikut: “(1) All instruments chargeable with duty and executed by any person in Malaysia (except an instrument which by virtue of section 47 cannot be stamped after execution) shall be brought to the Collector and the Collector shall assess the duty, if any, with which in his judgment the instrument is chargeable.”. Pindaan seksyen 37 57. Seksyen 37 Akta ibu dipinda— (a) dalam subseksyen (1), dengan memotong perkataan “is in his opinion one of a description chargeable with duty,”; (b) dalam subseksyen (2), dengan memotong perkataan “in his opinion”; dan (c) dengan memasukkan selepas subseksyen (4) subseksyen yang berikut: “(5) This section shall only apply to instrument where indorsement is required to be made on that instrument pursuant to any written law.”. Pindaan seksyen 40 58. Seksyen 40 Akta ibu dipinda dengan menggantikan perkataan “When the opinion of the Collector with respect to the amount of duty with which an instrument is chargeable has been required” dengan perkataan “Where an instrument is brought to the Collector pursuant to subsection 36(1)”. Kewangan 47 Pindaan seksyen 48 59. Akta ibu dipinda dengan menggantikan seksyen 48 dengan seksyen yang berikut: “48. The payment of any penalty prescribed under section 43 or 47A shall be denoted on the instrument concerned— (a) by a stamp duly cancelled; (b) by means of an impressed stamp; (c) by affixing an official receipt to the instrument; or (d) by attaching a stamp certificate to the instrument, and shall be certified by the Collector.”. Seksyen baru 50A 60. Akta ibu dipinda dengan memasukkan selepas seksyen 50 seksyen yang berikut: “Error in assessment, etc. 50A. No assessment shall be affected by— (a) any erroneous or under assessment of the duty or penalty by the Collector; or (b) the failure to assess that duty or penalty by the Collector, and the correct amount of duty or penalty due on the instrument shall be debts due to the Government and shall be recoverable by any of the ways and means in force for the time being for the recovery of debts due to the Government.”. 48 Undang-Undang Malaysia AKTA 693 Pindaan seksyen 57 61. Seksyen 57 Akta ibu dipinda— (a) dalam perenggan (f)— (i) dengan menggantikan noktah bertindih di hujung subperenggan (v) dengan koma bertitik; dan (ii) dengan memasukkan selepas subperenggan (v) subperenggan yang berikut: “(vi) in the case of an instrument executed by any party implementing a sale under a duly stamped agreement for sale and purchase but afterwards became cancelled, annulled, rescinded or is otherwise not performed:”; dan (b) dalam proviso, dengan memasukkan selepas perenggan (a) perenggan yang berikut: “(aa) that the application for relief is made within two months from the date the instrument of transfer is rejected by the Registrar of Titles; or”. Pindaan seksyen 59A 62. Seksyen 59A Akta ibu dipinda dengan memasukkan selepas perkataan “official receipt” perkataan “or a stamp certificate”. Seksyen baru 77A dan 77B 63. Akta ibu dipinda dengan memasukkan selepas seksyen 77 seksyen yang berikut: Kewangan 49 “Electronic medium 77A. (1) For the purposes of this Act, the Collector may by an electronic medium allow a registered person, without the need for the instrument to be presented to the Collector— (a) to obtain an assessment of stamp duty and any penalty, if any, on an instrument; (b) to pay stamp duty and any penalty, if any, on an instrument by electronic funds transfer or otherwise, in accordance with the assessment; (c) to obtain a stamp certificate in relation to the assessment; or (d) to obtain an indorsement of stamp duty in a case where section 37 applies. (2) In this section, “registered person” means any person who applies to the Collector to register to use the electronic medium. (3) All conditions and specifications relating to the use of electronic medium shall be determined by the Collector. Electronic assessment and stamping of instruments 77B. (1) For the purposes of this Act, the issue of a stamp certificate for an instrument shall state an assessment of a duty and any penalty, if any, in relation to the instrument. (2) A registered person must, on receipt of a stamp certificate issued for the instrument by the Collector, immediately attach the stamp certificate to the instrument.”. 50 Undang-Undang Malaysia AKTA 693 Pindaan seksyen 82 64. Seksyen 82 Akta ibu dipinda dengan memasukkan selepas perenggan (a) perenggan yang berikut: “(aa) to prescribe the stamp certificate and official receipt to be issued under this Act for the payment of stamp duty, to provide for matters relating to issue and validity of the stamp certificate and official receipt;”. Pindaan Jadual Pertama 65. Jadual Pertama kepada Akta ibu dipinda dengan menggantikan butiran 22(1) dengan butiran yang berikut: Item Description of Instrument Proper Stamp Duty “22 BOND, COVENANT, LOAN, SERVICES, EQUIPMENT LEASE AGREEMENT OR INSTRUMENT of any kind whatsoever: (1) (a) being the only or principal or primary security for any annuity (except upon the original creation thereof by way of sale or security, and except a superannuation annuity), for the term of life or any other indefinite period for every RM100 and also for any fractional part of RM100 of the annuity or sum periodically payable RM1.00 (b) for any sum or sums of money, not being interest for any principal sum secured by a duly stamped instrument, nor rent reserved by a lease or tack. The same ad valorem duty as a charge or mortgage for such total amount.”. Kewangan 51 BAB IV PINDAAN KEPADA AKTA PETROLEUM (CUKAI PENDAPATAN) 1967 Permulaan kuat kuasa pindaan kepada Akta Petroleum (Cukai Pendapatan) 1967 66. Bab ini berkuat kuasa bagi tahun taksiran 2010 dan tahun-tahun taksiran yang berikutnya. Pindaan seksyen 16 67. Akta Petroleum (Cukai Pendapatan) 1967, yang disebut “Akta ibu” dalam Bab ini, dipinda dalam subseksyen 16(7B) dengan memasukkan selepas perkataan “housing,” perkataan “conservation or preservation of environment, enhancement of income of the poor,”. Seksyen baru 41A 68. Akta ibu dipinda dengan memasukkan selepas seksyen 41 seksyen yang berikut: “Notification of non-chargeability 41A. (1) Where in ascertaining the chargeable income of a chargeable person, it appears to the Director General that no assessment shall be made in respect of that person for any year of assessment by reason of no adjusted income, statutory income, assessable income or chargeable income, he shall notify that person in writing that no assessment shall be made for that year of assessment and the computation with regard to it. (2) Where a chargeable person is dissatisfied with the notification made by the Director General under subsection (1), he may within thirty days of being so notified, appeal to the Special Commissioners as if the notification were a notice of 52 Undang-Undang Malaysia AKTA 693 assessment and the provisions of this Act relating to appeals shall apply accordingly with such necessary modifications. (3) If no notice of appeal against a notification made by the Director General under subsection (1) has been given within the time specified under that subsection or any extended period thereof, the notification shall be final and conclusive for the purposes of this Act. (4) Nothing in this section shall prejudice the exercise of any power conferred on the Director General by section 39.”. Pindaan Jadual Kedua 69. Jadual Kedua kepada Akta ibu dipinda dengan memasukkan selepas perenggan 2 perenggan yang berikut: “2A. For the purpose of paragraph 1, the capital expenditure incurred by a chargeable person on the provision of machinery or plant shall not include any amount paid to a non-resident person in consideration of services rendered in connection with the installation or operation of that machinery or plant which tax is deductible under the provision of the law for the time being in force in Malaysia relating to income tax, if tax has not been deducted therefrom and paid to the Director General in accordance therewith: Provided that this paragraph shall not apply if the chargeable person has paid the amount of deduction of tax and the increased amount which equal to ten per cent of that deduction which are due and payable under the provisions of that law.”. Pindaan Jadual Ketiga 70. Perenggan 1 Jadual Ketiga kepada Akta ibu dipinda— (a) dalam subperenggan (2), dengan memasukkan selepas perkataan “Chairman” perkataan “or Deputy Chairman”; Kewangan 53 (b) dengan menggantikan subperenggan (3) dengan subperenggan yang berikut: “(3) Two or more hearing of appeals may be heard concurrently at any one time.”; dan (c) dengan memasukkan selepas subperenggan (3) subperenggan yang berikut: “(4) If the Chairman or Deputy Chairman has not been appointed or is not present at the hearing of the appeals, the Special Commissioners present at the hearing of the appeals shall choose one of their number, who shall be a person with experience of the kind mentioned in subparagraph (1) to preside at the hearing.”. BAB V PINDAAN KEPADA AKTA CUKAI AKTIVITI PERNIAGAAN LUAR PESISIR LABUAN 1990 Permulaan kuat kuasa pindaan kepada Akta Cukai Aktiviti Perniagaan Luar Pesisir Labuan 1990 71. Bab ini disifatkan berkuat kuasa bagi tahun taksiran 2009 dan tahun-tahun taksiran yang berikutnya. Pindaan seksyen 3A 72. Akta Cukai Aktiviti Perniagaan Luar Pesisir Labuan 1990 dipinda dalam subseksyen 3A(2) dengan memasukkan selepas perkataan “Ketua Pengarah” perkataan “dalam masa”. 54 Akta 693 SENARAI PINDAAN Undang-undang yang meminda Tajuk ringkas Berkuat kuasa dari Akta 719 Akta Kewangan 2011 09-01-2009 55 Akta 693 SENARAI SEKSYEN YANG DIPINDA Seksyen Kuasa meminda Berkuat kuasa dari 48 Akta Kewangan 2011 09-01-2009 49 Akta Kewangan 2011 09-01-2009
section_98
10. The principal Act is amended by inserting after section 15A the following section: “Derivation of gains or profits in certain cases
section_99
15B. Gross income in respect of gains or profits to which paragraph 4(f) applies shall be deemed to be derived from Malaysia—
paragraph_100
(a) if responsibility for the payment of such gains or profits lies with the Government, a State Government or a local authority;
paragraph_101
(b) if responsibility for the payment of such gains or profits lies with a person who is a resident for that basis year; or
paragraph_102
(c) if the payment of such gains or profits is charged as an outgoing or expense in the accounts of a business carried on in Malaysia.”. Amendment of section 25
section_103
11. Section 25 of the principal Act is amended—
paragraph_104
(a) in subsection (1), by inserting after the words “subsection
subsection_105
(1A)” the words “or (2A)”;
paragraph_106
(b) in subsection (2), by substituting for the words “section 3 and subsection (5)” the words “section 3 and subsections
subsection_107
(2A) and (5)”;
paragraph_108
(c) by inserting after subsection (2) the following subsection: “(2A) Where gross income from an employment in relation to director’s fee or bonus is receivable in respect of 12 Laws of Malaysia ACT 693 the whole or part of the relevant period, that gross income shall, when received in any relevant period, be treated as the gross income of the relevant person for the second mentioned relevant period.”; and
paragraph_109
(d) in subsection (3), by substituting for the words “or (2)” the words “, (2) or (2A)”. Amendment of section 32
section_110
12. Section 32 of the principal Act is amended—
paragraph_111
(a) in subparagraph (1A)(b)(i), by substituting for the words “Bursa Malaysia” the words “any stock exchange”; and
paragraph_112
(b) by inserting after subsection (3) the following subsection: “(4) For the purposes of this section, the amount of gross income from the employment mentioned in paragraphs (2)(a), (b) and (3)(c) shall not include the amount of gross income in respect of any right to acquire shares in a company ascertained under subsection (1A).”. Amendment of section 34
section_113
13. Paragraph 34(6)(h) of the principal Act is amended by inserting after the words “housing,” the words “conservation or preservation of environment, enhancement of income of the poor,”. Amendment of section 34A
section_114
14. Section 34A of the principal Act is amended—
paragraph_115
(a) in subsection (1)— Finance 13
paragraph_116
(i) by substituting for the words “research—” the words “research approved by the Minister.”; and
subparagraph_117
(ii) by deleting paragraphs (a) and (b);
paragraph_118
(b) in subsection (2), by substituting for the words “paragraph
subsection_119
(1)(a)” the words “subsection (1)”; and
paragraph_120
(c) by deleting subsection (3). Amendment of section 39
section_121
15. Paragraph 39(1)(j) of the principal Act is amended by inserting after the words “section 109B” the words “or 109F”. Amendment of section 44
section_122
16. Section 44 of the principal Act is amended—
paragraph_123
(a) in subsection (6), by substituting for the proviso the following proviso: “Provided that the amount to be deducted from the aggregate income for the relevant year in respect of any gift of money made to any institution or organization approved for the purposes of this section by the Director General shall not exceed—
paragraph_124
(a) in the case of a person other than a company, seven per cent of the aggregate income of that person in the relevant year; or
paragraph_125
(b) in the case of a company, ten per cent of the aggregate income of that company in the relevant year.”; 14 Laws of Malaysia ACT 693
paragraph_126
(b) in subsection (11B), by substituting for the proviso the following proviso: “Provided that the amount to be deducted pursuant to this subsection shall not exceed—
paragraph_127
(a) in the case of a person other than a company, the difference between the amount of seven percent of the aggregate income of that person in the relevant year and the total amount that has been deducted pursuant to the proviso to subsections (6) and (11C) for that relevant year; or
paragraph_128
(b) in the case of a company, the difference between the amount of ten per cent of the aggregate income of that company in the relevant year and the total amount that has been deducted pursuant to the proviso to subsections (6) and (11C) for that relevant year.”; and
paragraph_129
(c) in subsection (11C), by substituting for the proviso the following proviso: “Provided that the amount to be deducted pursuant to this subsection shall not exceed—
paragraph_130
(a) in the case of a person other than a company, the difference between the amount of seven percent of the aggregate income of that person in the relevant year and the total amount that has been deducted pursuant to the proviso to subsections (6) and (11B) for that relevant year; or
paragraph_131
(b) in the case of a company, the difference between the amount of ten per cent of the aggregate income of that company in the relevant year and the total amount that has been deducted pursuant to the proviso to subsections (6) and (11B) for that relevant year.”. Finance 15 Amendment of section 44A
section_132
17. Subsection 44A(1) of the principal Act is amended by substituting for the words “fifty per cent” the words “seventy per cent”. Amendment of section 53
section_133
18. Section 53 of the principal Act is amended—
paragraph_134
(a) by substituting for subsection (3) the following subsection: “(3) In this section, “trade association” means any association of persons, of partnerships or of persons and partnerships formed with the main object of—
paragraph_135
(a) safeguarding or promoting the business of its members; or
paragraph_136
(b) developing and advancing the profession of its members.”; and
paragraph_137
(b) by inserting after subsection (3) the following subsection: “(4) Notwithstanding any other provisions of this Act, a trade association shall, for the purposes of this section, be deemed to be a body of persons and not a partnership.”. New section 53A
section_138
19. The principal Act is amended by inserting after section 53 the following section: 16 Laws of Malaysia ACT 693 “Club, association or similar institution
section_139
53A. (1) This section shall apply to a body of persons which carry on a club, association or similar institution other than a trade association to which section 53 applies.
subsection_140
(2) Any income of the body of persons from transaction with members and any outgoing or expenses or capital allowances attributable to such income shall be disregarded for the purpose of this Act.
subsection_141
(3) The gross income of a body of persons for the basis period for the year of assessment shall include the amount of gross income for that period from the investment made out of any of the fund of the body of persons.
subsection_142
(4) The body of persons shall maintain a separate account in respect of income derived from its members and non-members.
subsection_143
(5) Where the amount of outgoing or expenses to be allowed or capital allowances to be made to the body of persons are common to income from transaction with members and non-members, the amount of outgoing or expenses that shall be allowed or capital allowances that shall be made to that body of persons in respect of income relating to transaction with non-members shall be an amount as determined by applying the method as may be prescribed under this Act.
subsection_144
(6) In this section, “members”, in relation to a body of persons, means those persons who are entitled to vote at a general meeting of the body at which effective control is exercised over its affairs.”. Amendment of section 54A
section_145
20. Section 54A of the principal Act is amended—
paragraph_146
(a) by inserting after subsection (1) the following subsection: Finance 17 “(1A) Where subsection (1) applies, a person who is entitled to an allowance under Schedule 3 and who has not made any claim under paragraph 77 of that Schedule in respect of such allowance, the amount of such allowance shall be deemed to have been made to him for the purpose of ascertaining his statutory income under subsection (1).”; and
paragraph_147
(b) in paragraph (2)(a), by inserting after the words “capital allowances claimed” the words “or deemed to have been made under subsection (1A)”. New section 77B
section_148
21. The principal Act is amended by inserting after section 77A the following section: “Amendment of return
section_149
77B. (1) Where for a year of assessment a person has furnished a return in accordance with subsection 77(1) or 77A(1), that person may make amendment to such return in an amended return as prescribed by the Director General in respect of the amount of tax or additional tax payable by that person on the chargeable income or on the amount of tax which has been or would have been wrongly repaid to him.
subsection_150
(2) An amended return under subsection (1) shall only be made after the due date for the furnishing of the return in accordance with subsection 77(1) or 77A(1), but not later than six months from that date.
subsection_151
(3) For the purposes of this section, the amended return shall— 18 Laws of Malaysia ACT 693
paragraph_152
(a) specify the amount or additional amount of chargeable income and the amount of tax or additional tax payable on that chargeable income;
paragraph_153
(b) specify the amount of tax payable on the tax which has or would have been wrongly repaid to him;
paragraph_154
(c) specify the increased sum ascertained in accordance with subsection (4); or
paragraph_155
(d) contain such particulars as may be required by the Director General.
subsection_156
(4) The tax or additional tax payable under subsection (1) shall—
paragraph_157
(a) if the amended return is furnished within a period of sixty days after the due date for the furnishing of the return in accordance with subsection 77(1) or 77A(1), be increased by a sum equal to ten per cent of the amount of such tax or additional tax; or
paragraph_158
(b) if the amended return is furnished after the period of sixty days from the due date for the furnishing of the return in accordance with subsection 77(1) or 77A(1) but not later than six months from that date, be increased by a sum which shall be determined in accordance with the following formula: B + [(A + B) x 5%] where A is the amount of such tax payable or additional tax payable; and B is ten per cent of the amount of such tax payable or additional tax payable, and the amount of the increased sum shall constitute part of the amount of tax or additional tax payable under subsection (1). Finance 19
subsection_159
(5) The amendment under subsection (1) shall only be made once.
subsection_160
(6) Where—
paragraph_161
(a) a return for a year of assessment has been furnished in accordance with subsection 77(1) or 77A(1); and
paragraph_162
(b) the Director General has made an assessment for that year of assessment under section 91, no amendment shall be allowed under this section.”. New section 91A
section_163
22. The principal Act is amended by inserting after section 91 the following section: “Deemed assessment on the amended return
section_164
91A. (1) Where a person has furnished an amended return in accordance with section 77B for a year of assessment, the Director General shall be deemed to have made, on the day on which the amended return is furnished, an assessment or additional assessment in respect of that person—
paragraph_165
(a) in the amount of tax or additional tax payable on the chargeable income; or
paragraph_166
(b) in the amount of tax which has been or would have been wrongly repaid, the tax or additional tax and the chargeable income being the respective amounts as specified in the amended return. 20 Laws of Malaysia ACT 693
subsection_167
(2) For the purpose of this Act, where the Director General is deemed to have made an assessment or additional assessment under subsection (1)—
paragraph_168
(a) the amended return referred to in that subsection shall be deemed to be a notice of assessment or additional assessment; and
paragraph_169
(b) the deemed notice of assessment or additional assessment shall be deemed to have been served on the person on the day on which the Director General is deemed to have made the assessment or additional assessment.”. Amendment of section 93
section_170
23. Section 93 of the principal Act is amended by substituting for the words “subsection 90(1)” the words “subsections 90(1) and 91A(1)”. Amendment of section 96
section_171
24. Subsection 96(1) of the principal Act is amended by substituting for the words “subsection 90(1)” the words “subsections 90(1) and 91A(1)”. New section 97A
section_172
25. The principal Act is amended by inserting after section 97 the following section: “Notification of non-chargeability
section_173
97A. (1) Where in ascertaining the chargeable income of a person, it appears to the Director General that no assessment shall be made in respect of that person for any year of assessment by reason of no adjusted income, statutory income, Finance 21 aggregate income or total income, he may notify that person in writing that no assessment shall be made for that year of assessment and the computation with regard to it.
subsection_174
(2) Where a person is dissatisfied with the notification made by the Director General under subsection (1), he may within thirty days from the date of being so notified, appeal to the Special Commissioners as if the notification were a notice of assessment and the provisions of this Act relating to appeals shall apply accordingly with such necessary modifications.
subsection_175
(3) If no notice of appeal against a notification made by the Director General under subsection (1) has been given within the time specified under that subsection or any extended period thereof, the notification shall be final and conclusive for the purposes of this Act.
subsection_176
(4) Nothing in this section shall prejudice the exercise of any power conferred on the Director General by section 91.”. Amendment of section 98
section_177
26. Subsection 98(3) of the principal Act is amended by substituting for the words “one of those persons to be the Chairman” the words “from amongst those persons a Chairman and such number of Deputy Chairman”. Amendment of section 103
section_178
27. Section 103 of the principal Act is amended—
paragraph_179
(a) by inserting after subsection (1) the following subsections: “(1A) Where an assessment or additional assessment has been made under section 91A, the tax or additional tax payable under the assessment shall be due and payable on the day the amended return is furnished 22 Laws of Malaysia ACT 693 whether or not that person appeals against the assessment or additional assessment: Provided that where the amended return is furnished within a period of sixty days after the due date and the amount of tax due and payable has not been paid within the period of sixty days from the due date, so much of the tax as is unpaid upon the expiration of that period shall without any further notice being served be further increased by a sum equal to five per cent of the tax so unpaid, and that sum shall be recoverable as if it were tax due and payable under this Act.”; and
paragraph_180
(b) in subsection (9), by inserting after the words “sum under subsection” the words “(1A),”. Amendment of section 104
section_181
28. Section 104 of the principal Act is amended—
paragraph_182
(a) in paragraph (1)(b), by substituting for the words “103(3),
subsection_183
(4), (5), (6), (7) or (8)” the words “103(1A), (3), (4), (5),
subsection_184
(6), (7) or (8), or subsection 107B(4) or 107C(10)”;
paragraph_185
(b) in paragraph (1)(c), by substituting for the words “or 109B(2),” the words “, 109B(2) or 109F(2),”; and
paragraph_186
(c) in subsection (6)—
paragraph_187
(i) by substituting for the full stop at the end of the definition of “immigration officer” a semicolon; and
subparagraph_188
(ii) by inserting after the definition of “immigration officer” the following definition: ‘ “person” includes any person who is a director within the meaning of section 75A.’. Finance 23 Amendment of section 106
section_189
29. Subsection 106(3) of the principal Act is amended by substituting for the words “subsection 103(3)” the words “subsection 103(1A), (3)”. Amendment of section 107A
section_190
30. Section 107A of the principal Act is amended by inserting after subsection (4) the following subsection: “(4A) Notwithstanding the foregoing subsections, where the amount due from the payer under subsection (1) is increased by a sum under subsection (2), the Director General may in his discretion for any good cause shown remit the whole or any part of that sum and, where the amount remitted has been paid, the Director General shall repay the same.”. Amendment of section 107B
section_191
31. Section 107B of the principal Act is amended by inserting after subsection (5) the following subsection: “(6) Notwithstanding the foregoing subsections, where the amount of instalments unpaid or the amount of the difference in tax is increased by a sum under subsection (3) or (4), as the case may be, the Director General may in his discretion for any good cause shown remit the whole or any part of that sum and, where the amount remitted has been paid, the Director General shall repay the same.”. Amendment of section 107C
section_192
32. Section 107C of the principal Act is amended—
paragraph_193
(a) in subsection (4A), by substituting for the words “Where a company” the words “Subject to subsections (4B) and (4C), where a company”; 24 Laws of Malaysia ACT 693
paragraph_194
(b) by inserting after subsection (4A) the following subsections: “(4B) The provision of subsection (4A) shall not apply to a company referred to in that subsection if more than—
paragraph_195
(a) fifty per cent of the paid up capital in respect of ordinary shares of the company is directly or indirectly owned by a related company;
paragraph_196
(b) fifty per cent of the paid up capital in respect of ordinary shares of the related company is directly or indirectly owned by the first mentioned company; or
paragraph_197
(c) fifty per cent of the paid up capital in respect of ordinary shares of the first mentioned company and the related company is directly or indirectly owned by another company.
subsection_198
(4C) For the purpose of subsection (4B), “related company” means a company which has a paid up capital in respect of ordinary shares of more than two million and five hundred thousand ringgit at the beginning of the basis period for a year of assessment.”;
paragraph_199
(c) in subsection (8), by inserting after the word “(7)” the words “but subject to subsection (8A)”; and
paragraph_200
(d) by inserting after subsection (8) the following subsection: “(8A) Where the Director General directs a company to make payment by instalments under subsection (8) before the sixth month of the basis period for a year of assessment of that company, the total amount of that instalments shall be deemed for the purpose of this section to be the estimate of tax payable by that company for that year of assessment: Finance 25 Provided that, subject to any revision under subsection (7), that instalments shall be payable in accordance with subsections (8) and (9).
subsection_201
(8B) Where subsection (8A) applies and for a year of assessment, a company has furnished a revised estimate under subsection (7), reference to the amount of instalments which is payable in subsection (7) shall be construed as reference to the amount of instalments which is payable under subsection (8) prior to the revised estimate.”. Amendment of section 109
section_202
33. Section 109 of the principal Act is amended—
paragraph_203
(a) in subsection (1), by substituting for the proviso the following proviso: “Provided that the Director General may under special circumstances allow extension of time for tax deducted to be paid over.”; and
paragraph_204
(b) by inserting after subsection (3) the following subsection: “(3A) Notwithstanding the foregoing subsections, where the amount due from the payer under subsection (1) is increased by a sum under subsection (2), the Director General may in his discretion for any good cause shown remit the whole or any part of that sum and, where the amount remitted has been paid, the Director General shall repay the same.”. Amendment of section 109B
section_205
34. Section 109B of the principal Act is amended— 26 Laws of Malaysia ACT 693
paragraph_206
(a) in subsection (1), by substituting for the proviso to that subsection the following proviso: “Provided that the Director General may under special circumstances allow extension of time for tax deducted to be paid over.”; and
paragraph_207
(b) by inserting after subsection (3) the following subsection: “(3A) Notwithstanding the foregoing subsections, where the amount due from the payer under subsection (1) is increased by a sum under subsection (2), the Director General may in his discretion for any good cause shown remit the whole or any part of that sum and, where the amount remitted has been paid, the Director General shall repay the same.”. Amendment of section 109D
section_208
35. Section 109D of the principal Act is amended—
paragraph_209
(a) in subsection (2), by substituting for the proviso the following proviso: “Provided that the Director General may under special circumstances allow extension of time for tax deducted to be paid over.”; and
paragraph_210
(b) by inserting after subsection (4) the following subsection: “(4A) Notwithstanding the foregoing subsections, where the amount due from the payer under subsection (2) is increased by a sum under subsection (3), the Director General may in his discretion for any good cause shown remit the whole or any part of that sum and, where the amount remitted has been paid, the Director General shall repay the same.”. Finance 27 Amendment of section 109E
section_211
36. Section 109E of the principal Act is amended—
paragraph_212
(a) by substituting for subsection (3) the following subsection: “(3) The Director General may in relation to subsection (2) under special circumstances allow extension of time for the amount of tax deducted to be paid over.”; and
paragraph_213
(b) by inserting after subsection (6) the following subsection: “(7) Notwithstanding the foregoing subsections, where the amount due from the payer under subsection (2) is increased by a sum under subsection (4), the Director General may in his discretion for any good cause shown remit the whole or any part of that sum and, where the amount remitted has been paid, the Director General shall repay the same.”. New section 109F
section_214
37. The principal Act is amended by inserting after section 109E the following section: “Deduction of tax from gains or profits in certain cases derived from Malaysia
section_215
109F. (1) Where any person (in this section referred to as “the payer”) is liable to make payments to a non-resident in relation to any gains or profits falling under paragraph 4(f) which is derived from Malaysia, he shall upon paying or crediting such payments deduct therefrom tax at the rate applicable to such payments, and (whether or not that tax is so deducted) shall within one month after paying or crediting such payments render an account and pay the amount of that tax to the Director General: 28 Laws of Malaysia ACT 693 Provided that the Director General may under special circumstances allow extension of time for the amount of tax deducted to be paid over.
subsection_216
(2) Where the payer fails to pay any amount due from him under subsection (1), the amount which he fails to pay shall be increased by a sum equal to ten per cent of the amount which he fails to pay, and that amount and the increased sum shall be a debt due from him to the Government and shall be payable forthwith to the Director General.
subsection_217
(3) Where in pursuance of this section any amount is paid to the Director General by the payer or recovered by the Director General from the payer—
paragraph_218
(a) the Director General shall, in the manner provided by section 110, apply that amount towards payment of the tax charged on the person to whom the payer was liable to pay the payments to which the amount relates; and
paragraph_219
(b) if the payer has not deducted that amount in paying the payment under subsection (1) with respect to which the amount relates, he may recover that amount from that person as a debt due to the payer.
subsection_220
(4) Notwithstanding the foregoing subsections, where the amount due from the payer under subsection (1) is increased by a sum under subsection (2), the Director General may in his discretion for any good cause shown remit the whole or any part of that sum and, where the amount remitted has been paid, the Director General shall repay the same.
subsection_221
(5) Section 110 shall apply mutatis mutandis to tax deducted under this section.”. Finance 29 Deletion of section 130
section_222
38. The principal Act is amended by deleting section 130. New section 138C
section_223
39. The principal Act is amended by inserting after section 138B the following section: “Advance Pricing Arrangement
section_224
138C. (1) Subject to this section and any rules prescribed under this Act, on the application made to the Director General by any person who carries out a cross border transaction with an associated person—
paragraph_225
(a) the Director General may enter into an advance pricing arrangement with that person; or
paragraph_226
(b) in the case where section 132 applies, the competent authorities may enter into an advance pricing arrangement, in order to determine the transfer pricing methodology to be used in any future apportionment or allocation of income or deduction to ensure the arm’s length transfer prices in relation to that transaction.
subsection_227
(2) An application under subsection (1) shall be made in the prescribed form and shall contain particulars as may be required by the Director General.
subsection_228
(3) The transactions referred to in subsection (1) shall be construed as a transaction between—
paragraph_229
(a) persons one of whom has control over the other;
paragraph_230
(b) individuals who are relatives of each other; or 30 Laws of Malaysia ACT 693
paragraph_231
(c) persons both of whom are controlled by some other person.
subsection_232
(4) In this section, “relative” and “transaction” have the same meanings assigned to them under subsection 140(8).”. New section 140A
section_233
40. The principal Act is amended by inserting after section 140 the following section: “Power to substitute the price and disallowance of interest on certain transactions
section_234
140A. (1) This section shall apply notwithstanding section 140 and subject to any rules prescribed under this Act.
subsection_235
(2) Subject to subsections (3) and (4), where a person in the basis period for a year of assessment enters into a transaction with an associated person for that year for the acquisition or supply of property or services, then, for all purposes of this Act, that person shall determine and apply the arm’s length price for such acquisition or supply.
subsection_236
(3) Where the Director General has reason to believe that any property or services referred to in subsection (2) is acquired or supplied at a price which is either less than or greater than the price which it might have been expected to fetch if the parties to the transaction had been independent persons dealing at arm’s length, he may in determination of the gross income, adjusted income or adjusted loss, statutory income, total income or chargeable income of the person, substitute the price in respect of the transaction to reflect an arm’s length price for the transaction.
subsection_237
(4) Where the Director General, having regard to the circumstances of the case, is of the opinion that in the basis period for a year of assessment the value or aggregate of all Finance 31 financial assistance granted by a person to an associated person who is a resident, is excessive in relation to the fixed capital of such person, any interest, finance charge, other consideration payable for or losses suffered in respect of the financial assistance shall, to the extent to which it relates to the amount which is excessive, be disallowed as a deduction for the purposes of this Act.
subsection_238
(5) The transactions or the financial assistance referred to in subsection (2) or (4) respectively, shall be construed as a transaction or financial assistance between—
paragraph_239
(a) persons one of whom has control over the other;
paragraph_240
(b) individuals who are relatives of each other; or
paragraph_241
(c) persons both of whom are controlled by some other person.
subsection_242
(6) In this section, “relative” and “transaction” have the same meanings assigned to them under subsection 140(8).”. Amendment of section 154
section_243
41. Subsection 154(1) of the principal Act is amended—
paragraph_244
(a) in paragraph (eb), by inserting after the words “or 138B” the words “, or to any arrangement under section 138C”; and
paragraph_245
(b) by inserting after paragraph (ec) the following paragraph: “(ed) implementing and facilitating the operation of section 140A;”. 32 Laws of Malaysia ACT 693 Amendment of Schedule 1
section_246
42. Schedule 1 to the principal Act is amended—
paragraph_247
(a) in Part 1—
paragraph_248
(i) by substituting for paragraph 1 the following paragraph: “1. Except where paragraphs 1A, 2, 2A and 3 provide otherwise, income tax shall be charged for a year of assessment upon the chargeable income of every person at the following rates: Chargeable Income RM Rate of Income Tax For every ringgit of the first 2,500 0 per cent For every ringgit of the next 2,500 1 per cent For every ringgit of the next 15,000 3 per cent For every ringgit of the next 15,000 7 per cent For every ringgit of the next 15,000 12 per cent For every ringgit of the next 20,000 19 per cent For every ringgit of the next 30,000 24 per cent For every ringgit exceeding 100,000 27 per cent”;
subparagraph_249
(ii) in paragraph 1A, by substituting for the words “28 per cent” the words “27 per cent”;
subparagraph_250
(iii) in paragraph 2A, by substituting for the words “paragraph 3” the words “paragraphs 2B, 2C and 3”;and Finance 33
subparagraph_251
(iv) by inserting after paragraph 2A the following paragraphs: “2B. The provisions of paragraph 2A shall not apply to a company referred to in that paragraph if more than–
paragraph_252
(a) fifty per cent of the paid up capital in respect of ordinary shares of the company is directly or indirectly owned by a related company;
paragraph_253
(b) fifty per cent of the paid up capital in respect of ordinary shares of the related company is directly or indirectly owned by the first mentioned company; or
paragraph_254
(c) fifty per cent of the paid up capital in respect of ordinary shares of the first mentioned company and the related company is directly or indirectly owned by another company.
section_255
2C. For the purpose of paragraph 2B, “related company” means a company which has a paid up capital in respect of ordinary shares of more than two million and five hundred thousand ringgit at the beginning of the basis period for a year of assessment.”;
paragraph_256
(b) in Part IV, in column “Rate of income tax”—
paragraph_257
(i) by substituting for the words “3 per cent” the words “2 per cent”; and
subparagraph_258
(ii) by substituting for the words “28 per cent” the words “27 per cent”;
paragraph_259
(c) in Part X—
paragraph_260
(i) in subparagraph 1(a), by substituting for the words “15%” the words “10%”; and
subparagraph_261
(ii) in subparagraph 1(c), by substituting for the words “20%” the words “10%”; and
paragraph_262
(d) by inserting after Part XII the following Part: 34 Laws of Malaysia ACT 693
Part
content_264
Notwithstanding Parts I and II but subject to Parts X, XI and XII, income tax shall be charged on the income of a non-resident person consisting of gains or profits falling under paragraph 4(f) which is derived from Malaysia at the rate of 10% of gross.”. Amendment of Schedule 3
section_265
43. Schedule 3 to the principal Act is amended—
paragraph_266
(a) by inserting after paragraph 2C the following paragraph: “2D. For the purpose of paragraph 1, the capital expenditure incurred by a person on the provision of machinery or plant shall not include any amount paid to a non-resident person in consideration of services rendered in connection with the installation or operation of that machinery or plant, if tax has not been deducted therefrom and paid to the Director General under paragraph 109B(1)(a) of the Act: Provided that this paragraph shall not apply if the person has paid the amount referred to in subsection 109B(2).”;
paragraph_267
(b) by inserting after subparagraph 19A(2) the following subparagraphs: “(3) The proviso to subparagraph (1) shall not apply to a company resident in Malaysia which has a paid up capital in respect of ordinary shares of two million and five hundred thousand ringgit and less at the beginning of the basis period for a year of assessment.
subsection_268
(4) A company referred to in subparagraph (3) shall not include a company where more than—
paragraph_269
(a) fifty per cent of the paid up capital in respect of ordinary shares of the second mentioned company is directly or indirectly owned by a related company;
paragraph_270
(b) fifty per cent of the paid up capital in respect of ordinary shares of the related company is directly or indirectly owned by the second mentioned company; or Finance 35
paragraph_271
(c) fifty per cent of the paid up capital in respect of ordinary shares of the second mentioned company and the related company is directly or indirectly owned by another company.
subsection_272
(5) For the purpose of subparagraph (4), “related company” means a company which has a paid up capital in respect of ordinary shares of more than two million and five hundred thousand ringgit at the beginning of the basis period for a year of assessment.”;
paragraph_273
(c) in paragraph 36—
paragraph_274
(i) by substituting for the full stop at the end of the paragraph a colon; and
subparagraph_275
(ii) by inserting the following proviso: “Provided that this paragraph shall not apply in respect of any amount incurred under paragraph 67C.”;
paragraph_276
(d) in the title before paragraph 37B, by deleting the words “or training”;
paragraph_277
(e) in paragraph 37B—
paragraph_278
(i) by deleting the words “, industrial training or training”;
subparagraph_279
(ii) by substituting for the colon a full stop;
subparagraph_280
(iii) by deleting the proviso;
subparagraph_281
(iv) in subparagraph (a), by inserting after the semi colon the word “or”; and
paragraph_282
(v) by deleting subparagraphs (b) and (d); and
paragraph_283
(f) by inserting after paragraph 67B the following paragraph: “67C. (1) For the purpose of this Schedule, where— 36 Laws of Malaysia ACT 693
paragraph_284
(a) a person has incurred qualifying plant expenditure in respect of an asset for the purposes of a business of his and in the basis period for a year of assessment the asset is disposed of; and
paragraph_285
(b) pursuant to any written law or agreement, that person is subsequently required to dismantle and remove the asset and restore the site on which the asset is located, the residual expenditure under paragraph 68 of this Schedule shall be deemed to include any amount incurred for dismantling and removing the asset and restoring the site.
subsection_286
(2) Notwithstanding paragraph 61, in this paragraph “disposed of” means discarded, destroyed or ceased to be used for the purposes of the business.
subsection_287
(3) This paragraph shall not apply if the asset which has been dismantled and removed is subsequently used for any other business of that person or any other person.
subsection_288
(4) The amount incurred in subparagraph (1) shall not include any amount paid to a non-resident which are subject to section 109B, if tax has not been deducted therefrom and paid to the Director General under that section: Provided that this paragraph shall not apply if the person has paid the amount referred to in subsection 109B(2).”. Amendment of Schedule 5
section_289
44. Paragraph 1 of Schedule 5 to the principal Act is amended—
paragraph_290
(a) in subparagraph (2), by inserting after the word “Chairman” the words “or Deputy Chairman”;
paragraph_291
(b) by substituting for subparagraph (3) the following subparagraph: “(3) Two or more hearing of appeals may be heard concurrently at any one time.”; and Finance 37
paragraph_292
(c) by inserting after subparagraph (3) the following subparagraph: “(4) If the Chairman or Deputy Chairman has not been appointed or is not present at the hearing of the appeals, the Special Commissioners present at the hearing of the appeals shall choose one of their number, who shall be a person with experience of the kind mentioned in subparagraph (1), to preside at the hearing.”. Amendment of Schedule 6
section_293
45. Schedule 6 to the principal Act is amended—
paragraph_294
(a) in paragraph 25C—
paragraph_295
(i) by substituting for the words “or service excellence award” the words “, service excellence, innovation or productivity award”; and
subparagraph_296
(ii) by substituting for the words “one thousand ringgit” the words “two thousand ringgit”; and
paragraph_297
(b) in subparagraph 28(1), by substituting for the words “Without prejudice to the provisions of section 130, income of” the words “Income of”. Amendment of Schedule 7A
section_298
46. Schedule 7A to the principal Act is amended—
paragraph_299
(a) by substituting for the words “twelve months” wherever they appear in paragraphs 1, 1A and 1C the words “thirty-six months”;
paragraph_300
(b) by substituting for paragraph 1B the following paragraph: “1B. (1) Where a company has incurred capital expenditure in respect of an asset for the purposes of a qualifying project and that asset is acquired by a person (in this paragraph referred to as “the acquirer”) 38 Laws of Malaysia ACT 693 from that company or from any other person (in this paragraph referred to as “the disposer”) and at the time of the acquisition—
paragraph_301
(a) the disposer of the asset is a person over whom the acquirer of the asset has control;
paragraph_302
(b) the acquirer of the asset is a person over whom the disposer of the asset has control;
paragraph_303
(c) some other person has control directly or indirectly over the disposer and acquirer of the asset; or
paragraph_304
(d) the acquisition is effected in consequence of a scheme of reconstruction or amalgamation of companies, this Schedule shall not apply to the acquirer in respect of the asset.
subsection_305
(2) In this paragraph— “asset” means a factory, plant or machinery referred to in paragraph 1, or plant, machinery or building referred to in the definition of “capital expenditure” in paragraph 9; “control”, in relation to a company, means the power of a person to secure, by means of the holding of shares or the possession of voting power in or in relation to that or any other company, or by virtue of any powers conferred by the articles of association or other document regulating that or any other company, that the affairs of the first mentioned company are conducted in accordance with the wishes of that person.”;
paragraph_306
(c) in paragraph 2A, by substituting for the words “two years” the words “five years”;
paragraph_307
(d) by substituting for subparagraph 7(b) the following subparagraph: “(b) for the period prescribed under the relevant provisions of the Promotion of Investments Act 1986 in respect of a promoted activity or promoted product for which the company has been granted approval for investment tax allowance under the relevant provisions of that Act;”;
paragraph_308
(e) in paragraph 8— Finance 39
paragraph_309
(i) in subparagraph (a), by deleting the words “or processing”;
subparagraph_310
(ii) by deleting subparagraph (b);
subparagraph_311
(iii) by substituting for subparagraph (d) the following subparagraph: “(d) a project undertaken by a person—
paragraph_312
(i) in transforming his business of rearing chicken and ducks from an opened house to a closed house system; or
subparagraph_313
(ii) in expanding his existing business of rearing chicken and ducks in a closed house system, as verified by the Minister responsible for agriculture and agro-based industry.”;
paragraph_314
(f) in paragraph 9—
paragraph_315
(i) by inserting after the definition of “incurred” the following definition: ‘ “manufacturing” means—
paragraph_316
(a) conversion by manual or mechanical means of organic or inorganic materials into a new product by changing the size, shape, composition, nature or quality of such materials;
paragraph_317
(b) assembly of parts into a piece of machinery or products; or
paragraph_318
(c) mixing of materials by a chemical reaction process including biochemical process that changes the structure of a molecule by the breaking of the intra molecular bonds or by altering the spatial arrangement of atom in the molecule, but does not include— 40 Laws of Malaysia ACT 693 (aa) the installation of machinery or equipment for the purpose of construction; (bb) a simple packaging operations such as bottling, placing in boxes, bags and cases;
subparagraph_319
(cc) a simple fixing;
subparagraph_320
(dd) a simple mixing of any products; (ee) a simple assembly of parts; (ff) any activity to ensure the preservation of products in good condition during transportation and storage; (gg) any activity to facilitate shipment and transportation; (hh) any activity of packaging or presenting goods for sale; or
subparagraph_321
(ii) any activity that may be prescribed by the Minister, notwithstanding the above interpretation;’;
subparagraph_322
(ii) by substituting for the full stop at the end of the definition of “operation” a semicolon; and
subparagraph_323
(iii) by inserting after the definition of “operation” the following definition: ‘ “simple” generally describes an activity which does not need special skills, machines, apparatus or equipment especially produced or installed for carrying out the activity.’; and
paragraph_324
(g) in paragraph 11, by substituting for the words “twelve months” wherever they appear the words “thirty-six months”. Finance 41
Part
content_326
SAVINGS AND TRANSITIONAL PROVISIONS Application of this Part
section_327
47. (1) Sections 48, 49 and 50 shall be read together with and be in addition to the provision of sections 45, 46 and 51 of the Finance Act 2007 [Act 683] respectively.
subsection_328
(2) Where there is any inconsistency between any provision of this Part and any provision of the principal Act, that provision of the principal Act shall be void to the extent of the inconsistency. Statement to Director General
section_329
48. (1) Notwithstanding that no dividend is paid by a company pursuant to subsection 40(1) of the Finance Act 2007 the company shall, within 7 months following the close of the accounting period which constitutes the basis period of the company for the year of assessment 2008, 2009, 2010, 2011, 2012, 2013 or 2014 (if applicable), furnish to the Director General a statement in the prescribed form containing particulars as may be required for the purpose of determining the 108 balance or revised 108 balance, or any excess under section 48 of the Finance Act 2007 or section 49 at the end of that basis period.
subsection_330
(2) The failure of a company to comply with subsection (1) shall be an offence under subsection 120(1) of the principal Act.
subsection_331
(3) A statement under this section may be furnished to the Director General in accordance with section 152A of the principal Act.
subsection_332
(4) Where in relation to a year of assessment 2008, 2009, 2010, 2011, 2012, 2013 or 2014 a company fails to render a statement in accordance with this section or section 45 of the Finance Act 2007 the Director General may compute the amount of excess referred to in section 48 of the Finance Act 2007 or section 49 and shall serve on the 42 Laws of Malaysia ACT 693 company a written requisition in the prescribed form calling upon the company to pay an amount equal to that excess and an amount of an increase not exceeding the amount equal to that excess, and the amount equal to that excess and the increase on that amount shall be a debt due from the company to the Goverment and that debt shall be payable forthwith to the Director General upon the service of the requisition.
subsection_333
(5) Any debt due under this section shall be recoverable as if it were tax due and payable under the principal Act. Amount in excess of 108 balance
section_334
49. (1) Where the amount of tax discharged, remitted or refunded under section 46 of the Finance Act 2007 exceeds the 108 balance or revised 108 balance, as the case may be, the excess shall be a debt due from the company to the Government and that debt shall be due and payable on the last day of the seventh month (in this section referred to as “due date”) from the date following the close of the accounting period of the company to which the tax is discharged, remitted or refunded.
subsection_335
(2) Where any amount of debt due and payable under subsection
subsection_336
(1) has not been paid by the due date, the amount of debt unpaid shall, without any further notice being served, be increased by an amount equal to ten per cent of the debt so unpaid, and the amount unpaid and the increase on amount unpaid shall be a debt due from the company to the Government and that debt shall be payable immediately to the Director General.
subsection_337
(3) This section shall apply where no dividend is paid pursuant to section 40 of the Finance Act 2007.
subsection_338
(4) This section shall apply notwithstanding the company has exercised an irrevocable option under section 50 of the Finance Act 2007.
subsection_339
(5) Any debt due under this section shall be recoverable as if it were tax due and payable under the principal Act. Finance 43 Set-off for tax deducted
section_340
50. A person is not entitled to a set-off in accordance with section 51 of the Finance Act 2007 if the dividend paid to that person is not paid in cash.
Chapter
content_342
AMENDMENTS TO THE STAMP ACT 1949 Commencement of amendments to the Stamp Act 1949
section_343
51. This Chapter comes into operation on 1 January 2009. Amendment of section 2
section_344
52. The Stamp Act 1949, which is referred to as the “principal Act” in this Chapter, is amended in section 2—
paragraph_345
(a) in the definition of “duly stamped”, by substituting for the proviso the following proviso: “Provided that a stamp certificate or official receipt for the proper amount or amount of initial duty may be attached or affixed to any instrument in lieu of the stamp, and the instrument shall be deemed to be duly stamped;”; and
paragraph_346
(b) by inserting after the definition of “small and medium enterprise” the following definition: ‘ “stamp certificate” means a certificate that is issued electronically in respect of any instrument chargeable with duty denoting the amount of duty paid in respect of that instrument;’. 44 Laws of Malaysia ACT 693 Amendment of section 7
section_347
53. Section 7 of the principal Act is amended by substituting for subsection (1) the following subsection: “(1) Subject to any rules made under paragraph 82(b), all duties with which any instruments are chargeable under this Act shall be paid, and payment shall be indicated on such instrument by—
paragraph_348
(a) means of an adhesive stamp;
paragraph_349
(b) affixing an official receipt to such instrument; or
paragraph_350
(c) attaching a stamp certificate to such instrument.”. New section 11A
section_351
54. The principal Act is amended by inserting after section 11 the following section: “Replica
section_352
11A. (1) Where a replicate of an instrument is presented to the Collector, the replicate of such instrument shall not be deemed to be duly stamped unless it can be shown to the satisfaction of the Collector that all the facts and circumstances affecting the liability of the original instrument to duty, and the amount of the duty chargeable thereon has been paid.
subsection_353
(2) For the purpose of subsection (1), the Collector shall indorse on the replicate of the instrument that full and proper duty with which the original is chargeable had been paid upon payment of a fee of one hundred ringgit for each replicate of an instrument.”. Finance 45 Amendment of section 12
section_354
55. The principal Act is amended by substituting for section 12 the following section: “12. The duplicate or counterpart of an instrument chargeable with duty (except the counterpart of an instrument chargeable as a lease, such counterpart not being executed by or on behalf of any lessor or grantor) shall not be deemed to be duly stamped unless—
paragraph_355
(a) it is stamped as an original instrument;
paragraph_356
(b) it appears by a certificate indorsed by the Collector on the duplicate or counterpart that full and proper duty has been paid on the original instrument; or
paragraph_357
(c) there is denoted on the stamp certificate issued for the duplicate or counterpart that payment of the stamp duty has been paid in respect of the original instrument.”. Amendment of section 36
section_358
56. Section 36 of the principal Act is amended by substituting for subsection (1) the following subsection: “(1) All instruments chargeable with duty and executed by any person in Malaysia (except an instrument which by virtue of section 47 cannot be stamped after execution) shall be brought to the Collector and the Collector shall assess the duty, if any, with which in his judgment the instrument is chargeable.”. Amendment of section 37
section_359
57. Section 37 of the principal Act is amended— 46 Laws of Malaysia ACT 693
paragraph_360
(a) in subsection (1), by deleting the words “is in his opinion one of a description chargeable with duty,”;
paragraph_361
(b) in subsection (2), by deleting the words “in his opinion”; and
paragraph_362
(c) by inserting after subsection (4) the following subsection: “(5) This section shall only apply to instrument where indorsement is required to be made on that instrument pursuant to any written law.”. Amendment of section 40
section_363
58. Section 40 of the principal Act is amended by substituting for the words “When the opinion of the Collector with respect to the amount of duty with which an instrument is chargeable has been required” the words “Where an instrument is brought to the Collector pursuant to subsection 36(1)”. Amendment of section 48
section_364
59. The principal Act is amended by substituting for section 48 the following section: “48. The payment of any penalty prescribed under section 43 or 47A shall be denoted on the instrument concerned—
paragraph_365
(a) by a stamp duly cancelled;
paragraph_366
(b) by means of an impressed stamp;
paragraph_367
(c) by affixing an official receipt to the instrument; or
paragraph_368
(d) by attaching a stamp certificate to the instrument, and shall be certified by the Collector.”. Finance 47 New section 50A
section_369
60. The principal Act is amended by inserting after section 50 the following section: “Error in assessment, etc.
section_370
50A. No assessment shall be affected by—
paragraph_371
(a) any erroneous or under assessment of the duty or penalty by the Collector; or
paragraph_372
(b) the failure to assess that duty or penalty by the Collector, and the correct amount of duty or penalty due on the instrument shall be debts due to the Government and shall be recoverable by any of the ways and means in force for the time being for the recovery of debts due to the Government.”. Amendment of section 57
section_373
61. Section 57 of the principal Act is amended—
paragraph_374
(a) in paragraph (f)—
paragraph_375
(i) by substituting for the colon at the end of subparagraph (v) a semicolon; and
subparagraph_376
(ii) by inserting after subparagraph (v) the following subparagraph: “(vi) in the case of an instrument executed by any party implementing a sale under a duly stamped agreement for sale and purchase but afterwards became cancelled, annulled, rescinded or is otherwise not performed:”; and 48 Laws of Malaysia ACT 693
paragraph_377
(b) in the proviso, by inserting after paragraph (a) the following paragraph: “(aa) that the application for relief is made within two months from the date the instrument of transfer is rejected by the Registrar of Titles; or”. Amendment of section 59A
section_378
62. Section 59A of the principal Act is amended by inserting after the words “official receipt” the words “or a stamp certificate”. New sections 77A and 77B
section_379
63. The principal Act is amended by inserting after section 77 the following sections: “Electronic medium
section_380
77A. (1) For the purposes of this Act, the Collector may by an electronic medium allow a registered person, without the need for the instrument to be presented to the Collector—
paragraph_381
(a) to obtain an assessment of stamp duty and any penalty, if any, on an instrument;
paragraph_382
(b) to pay stamp duty and any penalty, if any, on an instrument by electronic funds transfer or otherwise, in accordance with the assessment;
paragraph_383
(c) to obtain a stamp certificate in relation to the assessment; or
paragraph_384
(d) to obtain an indorsement of stamp duty in a case where section 37 applies. Finance 49
subsection_385
(2) In this section, “registered person” means any person who applies to the Collector to register to use the electronic medium.
subsection_386
(3) All conditions and specifications relating to the use of electronic medium shall be determined by the Collector. Electronic assessment and stamping of instruments
section_387
77B. (1) For the purposes of this Act, the issue of a stamp certificate for an instrument shall state an assessment of a duty and any penalty, if any, in relation to the instrument.
subsection_388
(2) A registered person must, on receipt of a stamp certificate issued for the instrument by the Collector, immediately attach the stamp certificate to the instrument.”. Amendment of section 82
section_389
64. Section 82 of the principal Act is amended by inserting after paragraph (a) the following paragraph: “(aa) to prescribe the stamp certificate and official receipt to be issued under this Act for the payment of stamp duty, to provide for matters relating to issue and validity of the stamp certificate and official receipt;”. Amendment of First Schedule
section_390
65. The First Schedule to the principal Act is amended by substituting for item 22(1) the following item: Item Description of Instrument Proper Stamp Duty “22 BOND, COVENANT, LOAN, SERVICES, EQUIPMENT LEASE 50 Laws of Malaysia ACT 693 Item Description of Instrument Proper Stamp Duty AGREEMENT OR INSTR UMENT of any kind whatsoever:
subsection_391
(1) (a) being the only or principal or primary security for any annuity (except upon the original creation thereof by way of sale or security, and except a superannuation annuity), for the term of life or any other indefinite period for every RM100 and also for any fractional part of RM100 of the annuity or sum periodically payable RM1.00
paragraph_392
(b) for any sum or sums of money, not being interest for any principal sum secured by a duly stamped instrument, nor rent reserved by a lease or tack. The same ad valorem duty as a charge or mortgage for such total amount.”.
Chapter
content_394
AMENDMENTS TO THE PETROLEUM (INCOME TAX) ACT 1967 Commencement of amendments to the Petroleum (Income Tax) Act 1967
section_395
66. This Chapter has effect for the year of assessment 2010 and subsequent years of assessment. Amendment of section 16
section_396
67. The Petroleum (Income Tax) Act 1967, which is referred to as the “principal Act” in this Chapter, is amended in subsection 16(7B) by Finance 51 inserting after the words “housing,” the words “conservation or preservation of environment, enhancement of income of the poor,”. New section 41A
section_397
68. The principal Act is amended by inserting after section 41 the following section: “Notification of non-chargeability
section_398
41A. (1) Where in ascertaining the chargeable income of a chargeable person, it appears to the Director General that no assessment shall be made in respect of that person for any year of assessment by reason of no adjusted income, statutory income, assessable income or chargeable income, he shall notify that person in writing that no assessment shall be made for that year of assessment and the computation with regard to it.
subsection_399
(2) Where a chargeable person is dissatisfied with the notification made by the Director General under subsection (1), he may within thirty days of being so notified, appeal to the Special Commissioners as if the notification were a notice of assessment and the provisions of this Act relating to appeals shall apply accordingly with such necessary modifications.
subsection_400
(3) If no notice of appeal against a notification made by the Director General under subsection (1) has been given within the time specified under that subsection or any extended period thereof, the notification shall be final and conclusive for the purposes of this Act.
subsection_401
(4) Nothing in this section shall prejudice the exercise of any power conferred on the Director General by section 39.”. 52 Laws of Malaysia ACT 693 Amendment of Second Schedule
section_402
69. The Second Schedule to the principal Act is amended by inserting after paragraph 2 the following paragraph: “2A. For the purpose of paragraph 1, the capital expenditure incurred by a chargeable person on the provision of machinery or plant shall not include any amount paid to a non-resident person in consideration of services rendered in connection with the installation or operation of that machinery or plant which tax is deductible under the provision of the law for the time being in force in Malaysia relating to income tax, if tax has not been deducted therefrom and paid to the Director General in accordance therewith: Provided that this paragraph shall not apply if the chargeable person has paid the amount of deduction of tax and the increased amount which equal to ten per cent of that deduction which are due and payable under the provisions of that law.”. Amendment of Third Schedule
section_403
70. Paragraph 1 of the Third Schedule to the principal Act is amended—
paragraph_404
(a) in subparagraph (2), by inserting after the word “Chairman” the words “or Deputy Chairman”;
paragraph_405
(b) by substituting for subparagraph (3) the following subparagraph: “(3) Two or more hearing of appeals may be heard concurrently at any one time.”; and
paragraph_406
(c) by inserting after subparagraph (3) the following subparagraph: “(4) If the Chairman or Deputy Chairman has not been appointed or is not present at the hearing of the appeals, the Special Commissioners present at the hearing of the appeals shall choose one of their number, who shall be a person with experience of the kind mentioned in subparagraph (1) to preside at the hearing.”. Finance 53
Chapter
content_408
AMENDMENT TO THE LABUAN OFFSHORE BUSINESS ACTIVITY TAX ACT 1990 Commencement of amendment to the Labuan Offshore Business Activity Tax Act 1990
section_409
71. This Chapter is deemed to have effect for the year of assessment 2009 and subsequent years of assessment. Amendment of section 3A
section_410
72. Subsection 3A(2) of the Labuan Offshore Business Activity Tax Act 1990 is amended by inserting after the words “the Director General” the word “within”. 54 Act 693 LIST OF AMENDMENTS Amending law Short title In force from Act 719 Finance Act 2011 - 09-01-2009 55 Act 693 LIST OF SECTIONS AMENDED Section Amending authority In force from 48 Act 719 09-01-2009 49 Act 719 09-01-2009