Determining Qualifying Expenditure for Capital Allowances & ”Repair or Upkeep”
Capital Allowances are a complex tax technical area largely governed by case law and precedent. As illustrated in Fig. below, before calculating the Capital Allowances available in respect of capital expenditure incurred, two criteria must be considered: 资本津贴在税收技术领域来说是一个复杂概念，主要受案例法 (Case Law) 和先例的制约。 如上图所示，在计算发生的资本支出可获得的资本津贴额之前，首先必须考虑两个标准：- Expenses on Repairs and Renewals In most cases, a person can reduce their […]
The Determination of the Special Commissioners is not open to Criticism
International Investment Ltd v. Comptroller-General of Inland Revenue Malaysia Privy Council Diplock J, Viscount Dilhorne J, Fraser J, Keith J, Sir Robin Cooke J [Appeal No. 20 Of 1976] 19 June 1978 Viscount Dilhorne J: (delivering the judgement of the Board) The issue raised in this appeal is whether the Special Commissioners of Income Tax […]
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 […]
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 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 […]
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 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 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 […]
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 […]
MOF’s Responses concerning the Application for Renewal of s.153 Tax Agent Licence
Refer to “Panduan bagi permohonan Kelulusan Ejen Cukai” (Guideline for Application for Approval as a Tax Agent) issued by the Ministry of Finance (MOF); applicants must meet the following requirements to renew their tax agent licence: Tax agents aged 60 and above are eligible for a 50% exemption from the CPD/CPE credit hour requirement for […]
