The Badges of Trade: Frequency of Transactions
Even if a single transaction could be considered a trade, the idea of trading is more likely to be implied when a lot of transactions are done in a planned way. When different sets of actions, none of which are traded on their own, are done on various occasions that aren’t too far apart, the […]
The Badges of Trade: Motive/Intention of Taxpayer
ALF Properties Sdn Bhd v Ketua Pengarah Jabatan Hasil Dalam Negeri Civil Appeal No W-01-203-97. Appeal from the High Court, Kuala Lumpur – Income Tax Appeal No R1-14-13-95. Court of Appeal, Putrajaya. Judgment was delivered on 14 May 2005 and 18 August 2005 1. The appellants, a private limited company, were incorporated on 8 August […]
Is Income Received as Compensation Subject to Taxation?
Income Connotes a Periodical Monetary Return “coming in” with some sort of Regularity. Bombay High Court The Commissioner Of Income Tax vs Shaw, Wallace And Co. on 14 March 1932 Equivalent citations: (1932) 34 BOMLR 1033 Author: G Lowndes Bench: Blanesburgh, Tomlin, G Lowndes JUDGMENT George Lowndes, J. 1. This is an appeal from a […]
The Principles Of A Good Tax System
The primary objective of the tax system was to generate TAX revenue. Tax revenue is vital for a developing country to meet its needs and provide essential public services. Therefore, how a country’s tax system is to be set up should first and foremost take into account its own needs, both in terms of helping […]
Weekly Working Time Limit
The International Labour Organisation (ILO) Hours of Work (Industry) Convention (No. 1) of 1919 introduced a maximum standard working time of 48 hours per week and eight hours per day as an international norm. In Malaysia, The maximum weekly working time is stipulated in section 60A(1)(d). This section states that an employee shall not be […]
Meaning of “Daily Spread Over Period of Ten Hours”
Section 60A(1)(c) of the Employment Act 1955 (“the Act”) states that an employee may not be forced to work for more than ten hours in a single day under the terms of his contract of service unless otherwise provided herein. You might be wondering what precisely is meant by the phrase “spread over period of […]
The Industrial Court Dismissed the Union’s Claim for Paid Lunch Breaks
Industrial Court Award No. 99 Of 1980 [Case No. 61 Of 1980] 28 August 1980 Subject Matter: claim for paid lunch breaks. The Paper & Paper Products Manufacturing Employees Union (“the Union”) entered into a collective agreement with MFC Sdn. Bhd. (“the Company”) on 28.12.76. Article 15 of this agreement inter alia reads:- “(b) Factory […]
Misconduct Aggravates When the Lateness is Persistent
Since the purpose of this article is to serve as an illustration, all real names and dates have been altered. AC Ltd. v CKS Industrial Court 7 February 1995 The parties to the matter before the Court are AC Ltd. (“the company”) and CKS (“the claimant”). The issue before the Court is the claimant’s dismissal […]
Dismissal: Absence for Too Long Without a Valid Reason, Performance has been Badly Affected
Dismissing an employee should only be done as a last resort when all other forms of disciplinary measures have failed, and the employee is no longer relevant. P Mewah Sdn. Bhd. vs FHL Industrial Court 30 January 2002 The dispute, in this case, is a result of the dismissal of FHL (the claimant) by P […]
Deferment of Payments of Small Value Withholding Tax for Recurring Transactions
The Inland Revenue Board of Malaysia (IRBM) has issued a media release (in Bahasa Malaysia) dated September 27, 2022, that provides several updates and clarifications on its letter to the Chartered Tax Institute of Malaysia (CTIM) dated August 12, 2022, as well as the rules concerning withholding tax (WHT) form submission and WHT payment of […]
