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Taxation Of Foreign Fund Management Company

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Foreign Fund Management Companies in Malaysia

A company that is incorporated in Malaysia and granted a licence under the Capital Markets and Services Act 2007 (Act 671) is considered to be a foreign fund management company.

A foreign company incorporated for the exclusive purpose of providing fund management services to its customers is known as a foreign fund management company.

To facilitate the establishment of fund management companies in Malaysia, the SC has issued the following instructions and documents:

  1. Guidelines on Islamic Fund Management ;
  2. Frequently Asked Questions Revised Guidelines on Islamic Fund Management and
  3. The Licensing Handbook.

The Public Ruling (PR) No. 3/2022, entitled “Taxation of Foreign Fund Management Company,” was issued by the Inland Revenue Board (IRB) on July 29, 2022.

This new Public Ruling with 21 pages takes the place of Public Ruling No. 7/2019, published on December 3, 2019.

The objective of the Public Ruling

The purpose of this Public Ruling (PR) is to explain the tax treatment of revenue received by a foreign fund management company that provides fund management services to foreign and local investors.

This PR does not apply to a foreign fund management company if the company issues, offers, or makes an invitation to subscribe or purchase units of conventional unit trust funds.

This PR takes into consideration all of the laws that are currently in effect as of the day that this PR was released.

The PR was revised to reflect the income tax exemptions granted under:

  • Income Tax (Exemption) (No. 7) Order 2021
  • Income Tax (Exemption) (No. 8) Order 2021
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