The Leading Case on the Roles of Tribunal and Courts
Edwards v Bairstow and Harrison [1955] The appellate court generally recognises the special position of the Special Commissioners appointed under s. 98 of the Income Tax Act 1967. The Special Commissioners are expected to be specialised in the scope of the adjudication process they are entrusted with under the Act. If the High Court could […]
Capital Allowance: Is Silo for Temporary Storage a Plant?
SchofieldvR & H Hall Ltd Northern IrelandCourt of Appeal (Northern Ireland) 27 November 1974 The Appellant Company (which was resident in the Republic of Ireland but had a branch in Northern Ireland) carried on the business of importers of grain for sale to millers and to manufacturers of animal feeding-stuffs. The business was carried on […]
Capital Allowance: Is Canopy over Petrol Filling Station a Plant?
Dixon (HM Inspector of Taxes) v Fitch’s Garage Ltd England & WalesChancery Division 19 June 1975 The Respondent Company redeveloped the forecourt of its garage premises by providing new self-service pumps and storage tanks, and an office with a computer console, and by erecting a new canopy over the whole service area to provide adequate […]
CA from one Business Source can’t be used when computing the Income from another Business Source
American Leaf Blending Co. SDN BHD v. DGIR Privy Council Tax Cases Lord Diplock, Viscount Dilhorne, Lord Edmund-Davies, Lord Russell Of Killowen, Sir Robin Cooke18 July 1978 JUDGMENT Lord Diplock (delivering the Judgment of the Board): [1] The appellant taxpayer (“the company”) was incorporated in 1960. The principal object for which it was established was […]
Capital Allowance: Is Acoustic Ceilings and Electrical Installations a Plant?
Imperial Chemical Industries of Australia and New Zealand ltd. v. Federal Commissioner of Taxation 25 march 1970 Imperial Chemical Industries (Australasia) Ltd was formed in 1928 as an Australian subsidiary of the British chemical company ICI Ltd. And was renamed Imperial Chemical Industries of Australia and New Zealand Limited (ICIANZ) in 1929. The taxpayer claimed […]
Capital Allowance: Is a Swimming Pool a Plant?
Cooke v Beach Station Caravans Ltd England & Wales Chancery Division 5 July 1974 The Respondent Company was the operator of a caravan park at a seaside resort. The Respondent hires caravans on the site to its customers, and also provides sites for the parking of caravans owned by tourists. The site facilities are available […]
Postponement of the Implementation of Excise Duty on Premix Preparation Beverages
The application of excise duty on premix preparations was initially announced on 29 October 2021 during Malaysia’s Budget 2022. This excise duty is an enlargement of the excise duty imposed on ready-to-drink sugar-sweetened beverages on 1 July 2019, when it first went into effect. The Royal Malaysian Customs Department (RMCD) published an announcement on March […]
Postponement of the Implementation of Sales Tax on Low-Value Goods
The Sales Tax (Amendment) Bill 2022 was passed with a majority voice vote by Dewan Rakyat (House of Representatives) on August 4, 2022. A sales tax would be imposed on low-value goods (LVG) sold by registered sellers or sellers liable to be registered through online platforms and delivered to Malaysia under the terms of the […]
Withholding Tax Forms for Small Value Withholding Payments: Form CP37DS & Form CP37S
From August 1, 2022, the payer has the option of deferring the payment of small-value WHT [*] rather than remitting the WHT deducted to the IRB within one month after the payment to a non-resident has been paid or credited. WHT: Small-value WHT It refers to WHT that does not exceed RM500 per transaction. A […]
Tax Treatment for Labuan Entities with Dormant Status
The Inland Revenue Board of Malaysia (IRBM) has published Guidelines on Tax Treatment for Labuan Entities with Dormant Status (“the Guidelines”) dated October 20, 2022, which will take effect in YA 2020. The Labuan Investment Committee Pronouncements 1-2019 and 2-2019 concerning the compliance with substantial activities requirements and audited accounts by dormant companies for the […]
