Excise (Amendment) Regulations 2022
IN exercise of the powers conferred by section 85 of the Excise Act 1976 [Act 176], the Minister makes Excise (Amendment) Regulations 2022, which was gazetted on October 18, 2022. These Regulations come into operation on 1 November 2022. The Excise Regulations 1977 [P.U. (A) 161/1977] are amended in the Third Schedule, in relation to […]
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 […]
Public Ruling No. 4/2022: Recovery From Persons Leaving Malaysia
Finance Act 2019 As a result of the Finance Act 2019, the scope of the stoppage order was expanded to include the increase of taxes in situations in which the company has failed to submit an estimate of the amount of tax that is payable under Section 107C(10A) of the Income Tax Act 1967. This […]
Special Commissioners of Income Tax (SCIT)
The situations in which a taxpayer can appeal include: If taxpayers receive a notice of assessment and disagree with it, they allow appealing; there are two ways for taxpayers to dispute tax assessments by the IRB: The vision of Special Commissioners of Income Tax To be a credible, impartial and competent body in determining income […]
“Summer Vacation” is Not Synonymous with “Social Visits”
Ketua Pengarah Hasil Dalam Negeri v. Richard Allen Sonnet & Anor 455 High Court Malaya, Kuala Lumpur The respondents, Richard Allen Sonnet and Patricia Ann Sonnet, husband and wife, entered Malaysia on 1 August 1991. They were teachers contracted with the International School, Kuala Lumpur. Their stay in Malaysia during the relevant basis years are […]
DGIR v. KTT [1997]: Legal Owner vs Beneficial Owner
Since the purpose of this article is to serve as an illustration, all real names and dates have been altered. High Court Malaya, Johor Bahru Abdul Malik Ishak J [Civil Appeal No: 12-18-1997] 25 September 1997 JUDGMENT Abdul Malik Ishak J: This appeal came up to me because of a case stated by the Special […]
Capital Allowance: Is Book a Plant?
Daphne v Shaw (HMIT) 11 TC 256 England & Wales 9 November 1926 The Appellant, a solicitor, claimed a deduction under Rules 6 and 7 of the Rules applicable to Cases I and II of Schedule D regarding wear and tear and obsolescence of books forming part of his law library. Held that the books […]
Capital Allowance: Is Lamps a Plant?
J Lyons and Co. LtdvAttorney-General Supreme Court1994 A company tried to treat lighting in a tea shop as a plant. As mentioned in Yarmouth v France– the beginnings of a definition above, the earliest definition of the plant came from a case that had nothing to do with tax. Given the significance that the term […]
Capital Allowance: When a setting is Plant – Moveable Partitions
Generally, an asset that is part of the setting is not a plant. But, there have been a few instances in which assets that are a part of the setting but are not a part of the business premises have been determined to be a plant because they were also an apparatus that was used […]
Capital Allowance: Is Ceilings a Plant?
Normally suspended ceilings and acoustic tiles are not plant. In Hampton v Fortes Autogrill Ltd, the company claimed capital allowances on false ceilings in a restaurant. The claim was rejected. The ceilings’ only function was to conceal service pipes, wiring etc. They were not apparatus with which the company carried on its trade of running […]
