Tag: Securities Commission Malaysia

  • Tax Deduction on Issuance Cost of Sustainable and Responsible Investment Linked Sukuk

    Tax Deduction on Issuance Cost of Sustainable and Responsible Investment Linked Sukuk

    Update: The Ismail Sabri Government Budget is no longer applicable. Malaysia’s national budget for 2023 was re-tabled again in February 2023.

    To Download Revised Budget 2023 Speech and some other related publications – https://www.ccs-co.com/post/budget-2023-malaysia-madani

    Current Position

    The Securities Commission Malaysia has introduced the framework on Sustainable and Responsible Investment Sukuk (SRI), which enables fundraising by companies through financing towards improving sustainability practices and supporting the transition to low-carbon activities.

    The framework on SRI-linked Sukuk aims to address a wider range of financing needs for companies at different stages of their sustainability journey, providing companies more opportunities for transition to net zero carbon targets and further meet the Government’s desire to achieve net zero carbon emissions targets by 2050

    Proposal

    It is proposed that a tax deduction be given for a period of 5 years on the cost of issuing SRI-linked Sukuk that is approved/permitted/deposited with the Securities Commission Malaysia to provide innovative Shariah-Compliant Financing and place Malaysia as a regional hub of SRI-Linked Sukuk Issuance.

    Effective Date

    From the year of assessment 2023 until the year of assessment 2027.

    Comments

    This proposal aims to incentivize companies to adopt sustainable and responsible investment practices and contribute towards the achievement of the government’s net-zero carbon emissions targets by 2050.

    Our website's articles, templates, and material are solely for reference. Although we make every effort to keep the information up to date and accurate, we make no representations or warranties of any kind, either express or implied, regarding the website or the information, articles, templates, or related graphics that are contained on the website in terms of its completeness, accuracy, reliability, suitability, or availability. Any reliance on such information is therefore strictly at your own risk.

    Keep in touch with us so that you can receive timely updates |

    要获得即时更新,请与我们保持联系

    1. Website ✍️ https://www.ccs-co.com/ 2. Telegram ✍️ http://bit.ly/YourAuditor 3. Facebook ✍

    4. Blog ✍ https://lnkd.in/e-Pu8_G 5. Google ✍ https://lnkd.in/ehZE6mxy

    6. LinkedIn ✍ https://www.linkedin.com/company/74734209/admin/

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  • Review of Tax Incentive for Equity Crowdfunding

    Review of Tax Incentive for Equity Crowdfunding

    Update: The Ismail Sabri Government Budget is no longer applicable.

    Malaysia’s national budget for 2023 was re-tabled again in February 2023; for more info, please visit – https://www.ccs-co.com/post/budget-2023-malaysia-madani.

    This tax incentive included in Budget 2023, tabled in Parliament on 7 October 2022, was not included in Budget 2023 (Re-tabled) on 24 February 2023.

    Response from MOF: MOF is currently reviewing off-budget items.

    The phrase “MOF is currently reviewing off-budget items” typically refers to the Ministry of Finance (MOF) evaluating or examining expenses or financial matters that are not included in the official budget. Off-budget items are expenditures or revenue sources not directly accounted for in the regular budgeting process.

    Governments often create budgets to allocate funds for various programs, projects, and expenses. However, certain financial activities may fall outside the scope of the official budget. These off-budget items could include emergency spending, special funds, grants, subsidies, or other financial transactions not explicitly accounted for in the regular budgeting process.

    When the MOF reviews off-budget items, they are scrutinising these financial activities to assess their impact, legality, appropriateness, or potential risks. This review aims to ensure transparency, fiscal responsibility, and effective financial management within the government. It helps identify discrepancies, assess the necessity and effectiveness of off-budget items, and make informed decisions regarding their continuation or modification.

    Current Position

    In Budget 2021, individual investors who invest in equity crowdfunding platforms approved by the Securities Commission (SC) will be allowed a tax exemption for a specified amount of aggregate income.

    The proposal has been legislative under the Income Tax (Exemption) (No 4) Order 2022.

    Under the Order, 50% of the amount invested for each year of assessment will be deductible against the individual’s aggregate income, subject to the conditions as follows:

    1. the eligible amount for tax exemption is limited to RM50,000 each year of assessment;
    2. the deductible amount is limited to 10% of the aggregate income for that year of assessment. The excess amount will be disregarded;
    3. the Securities Commission Malaysia must verify the investor, investee company and amount of investment made;
    4. the investor must not have any family relationship with the investee company;
    5. the investment must be made through an equity crowdfunding platform approved by the Securities Commission Malaysia; and
    6. the investment is not allowed to be disposed of within 2 years from the date of investment.

    The tax incentive is for investments made from January 1, 2021, until December 31, 2023.

    Proposal [This tax incentive included in Budget 2023, tabled in Parliament on 7 October 2022, was not included in Budget 2023 (Re-tabled) on 24 February 2023]

    To attract more individual investors to invest in start-up companies through equity crowdfunding, it is proposed tax incentives be reviewed as follows:

    • scope of tax incentives be expanded to include investments made by individuals investor through Limited Liability Partnership Nominee Company; and
    • the investment period to be extended for 3 years.

    Effective Date

    For investment made from 1 January 2024 until 31 December 2026.

    Our website's articles, templates, and material are solely for reference. Although we make every effort to keep the information up to date and accurate, we make no representations or warranties of any kind, either express or implied, regarding the website or the information, articles, templates, or related graphics that are contained on the website in terms of its completeness, accuracy, reliability, suitability, or availability. Therefore, any reliance on such information is strictly at your own risk.

    Keep in touch with us so that you can receive timely updates |

    要获得即时更新,请与我们保持联系

    1. Website ✍️ https://www.ccs-co.com/ 2. Telegram ✍️ http://bit.ly/YourAuditor 3. Facebook ✍

    4. Blog ✍ https://lnkd.in/e-Pu8_G 5. Google ✍ https://lnkd.in/ehZE6mxy

    6. LinkedIn ✍ https://www.linkedin.com/company/74734209/admin/

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  • Improving Audit Quality 1: An Overview

    Improving Audit Quality 1: An Overview

    Back to N Years Ago

    When I was younger (wow, this makes me feel so old), audit quality was not really a “thing.” I watched my superiors perform audits they believed to be sufficient, and my colleagues and I were taught to follow in their footsteps.

    We conducted what we believed to be good audits but were never informed that we would be subjected to a review by a firm or an external third party.

    Enron Scandal: The Fall of a Wall Street Darling

    The Enron scandal drew attention to accounting and corporate fraud as its shareholders lost $74 billion in the four years leading up to its bankruptcy, and its employees lost billions in pension benefits.

    Sarbanes-Oxley Act of 2002 (SOX)

    The Sarbanes-Oxley Act of 2002 is a federal law in the US that established sweeping auditing and financial regulations for public companies. Lawmakers created the legislation to help protect shareholders, employees and the public from accounting errors and fraudulent financial practices.

    This was done in response to the widespread perception that audits had been conducted improperly in the United States.

    With the passage of the Sarbanes-Oxley Act of 2002 (SOX), which also established the Public Company Accounting Oversight Board (PCAOB) to oversee the audits of public companies, the requirement that audits be inspected by a government regulator was established.

    Since then, regulators with comparable responsibilities have been established in a total of 54 different jurisdictions across the globe. This is shown by the fact that these jurisdictions have joined the International Forum of Independent Audit Regulators (IFIAR – https://www.ifiar.org/)

    For instance, the Financial Reporting Council in the United Kingdom took on this task in 2003, the Australian Securities and Investments Commission in 2004, and the Audit Oversight Board (AOB) of the Securities Commission Malaysia in 2010.

    Practice Review Committee under the Malaysian Institute of Accountants

    However, the Malaysian Institute of Accountants’ Practice Review Committee conducted its inaugural meeting after Council approved the By-Laws on Practice Review in December 2002 and field review under the Practice Review Programme commenced in 2004.

    Adoption of ISQC 1

    In 2004, the International Auditing and Assurance Standards Board (IAASB), working under the direction of the International Federation of Accountants (IFAC), gave its approval to the ISQC 1 standard [Firm Level Quality Control – https://www.ccs-co.com/post/isqc-1-firm-level-quality-control], which addresses quality control for firms that perform audits and reviews of historical financial information and other assurance and related services engagements.

    In order to fulfil the requirements established by IFAC, the Malaysian Institute of Accountants (MIA) has mandated that all registered accountants and auditors (practitioners) in the country must conform with ISQC 1 by the end of June 2006. The standards introduce several new concepts and requirements in respect of quality control within auditing firms. As a consequence of this, auditing firms are having extra responsibilities to fulfil in regard to the implementation of new quality control safeguards and procedures.

    ISQC 1 is not the same as ISA 220 “Quality Control for Audits of Historical Financial Information” which sets out the quality control standards to be applied to individual audit engagements. On the other hand, the ISQC 1 focuses on firms and the people that work within them to ensure compliance with various professional standards, regulatory, and legal requirements.

    A study was then carried out in 2007 by the Malaysian Institute of Accountants (MIA) and the Universiti Teknologi MARA (UiTM) suggests that the application of ISQC 1 in Malaysian small and medium audit firms is fairly restricted. The majority of small and medium-sized audit firms follow non-standard operating procedures in their day-to-day work, which fundamentally does not reflect full compliance with ISQC 1.

    Understanding the International Standards on Quality Control 1

    Definitions – https://www.ccs-co.com/post/isqc-1-definitions

    It covers

    1. leadership responsibilities for quality within the firm;
      1. https://lnkd.in/gKSKWAPC
    2. ethical requirements;
      1. https://lnkd.in/gAzwW3gv
    3. acceptance and continuance of client relationships and specific engagements;
      1. https://lnkd.in/gaYQX88e
    4. human resources;
      1. https://lnkd.in/g8Ax_F6X
    5. engagement performance;
      1. https://lnkd.in/gWg8GSSx
      2. https://lnkd.in/g7k_mGA8
    6. monitoring; and
      1. https://lnkd.in/gjPSPWa7
    7. documentation.
      1. https://lnkd.in/gHvf26bk

    Auditing firms are required by the standards to document the proof that each of the seven components of their quality control system is functioning properly and to keep this documentation for the appropriate amount of time.

    Moving Forward

    Enhancing the quality should also be a primary focus during this advantageous moment.

    On the basis of the most recent results of the Practice Review, which are depicted in the statistics contained within this report, practitioners are strongly encouraged to ensure that their firms comply with all of the necessary requirements, whether it be at the level of the entire firm or at the level of each individual engagement.

    The audit firms NOT ONLY need to get familiar with and comprehend the important sections of the International Standard on Auditing (ISA), the International Standard on Quality Control 1 (ISQC 1), the Companies Act 2016 (CA 2016), the MIA By-Laws, and any other applicable professional standards and laws, in addition, the audit firms also need to begin making preparations well in advance to comply with newly implemented standards, notably ISQM 1 and 2.

    ISQM 1 & ISQM 2

    ISQM 1 & ISQM 2 will be effective from 15 December 2022.

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