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  • Tax alert Highlights of Budget 2017 (Part II) 26 October 2016

    Volume 19, Issue 23 1

    Newsletter title in this panel Newsletter subtitle

    Newsletter title in this panel Newsletter subtitle

    Newsletter title in this panel Newsletter subtitle

    Highlights of Budget 2017 (Part II) Volume 19, Issue 23

    26 October 2016

    Masthead

    Masthead subtitle

    Masthead

    Masthead subtitle

    Tax alert

  • Tax alert Highlights of Budget 2017 (Part II) 26 October 2016

    Volume 19, Issue 23 2

    Highlights of the Finance Bill 2016

    Payments for services performed outside Malaysia now subject to withholding tax

    Definition of royalty and public entertainer widened

    Ensuring compliance with BEPS Action Plans vide penalties

    s highlighted in Tax Alert No. 22/2016 (Highlights of Budget 2017 (Part I), the Finance Bill

    2016 was not released on 21 October 2016 after the Budget 2017 Speech was delivered.

    Instead, it was released on 26 October 2016. The Finance Bill 2016 proposes 26 amendments

    to the Income Tax Act 1967 (ITA), three (3) amendments to the Petroleum (Income Tax) Act

    1967 (PITA), two (2) amendments to the Real Property Gains Tax Act 1976 (RPGTA), two (2) amendments

    to the Labuan Business Activity Tax Act 1990 (LBATA) and 23 amendments to the Goods and Services Tax

    Act 2014 (GSTA). The Finance Bill 2016 (Finance Bill), however, did not include the proposed changes to

    the Stamp Act 1949. It is expected that these changes will be addressed in a separate Bill.

    To increase the Governments revenue collection, the Finance Bill has widened the derivation scope and

    definition of selected activities. The proviso to Section 15A of the ITA that service income under

    subsections 4(A)(i) and (ii) are deemed derived from Malaysia only when the services are performed in

    Malaysia, has now been removed. With the removal of this proviso, service fees paid to non-residents

    under subsections 4A(i) and (ii) of the ITA will now be subject to withholding tax at 10%, irrespective of

    where such services are performed. This was, in fact, the position in Malaysia pre-September 2002. It is

    quite a surprise that Malaysia has reverted to this stance that is somewhat contrary to the general

    principles of determining the source of income.

    The definition of royalty under Section 2 of the ITA has been extended considerably to include sums paid

    as consideration for the use of or the right to use software, the reception of or the right to receive visual

    images or sounds transmitted to the public by satellite, cable, fibre optic or similar technology, the use or

    the right to use visual images or sounds in connection with television or radio broadcasting and the use of

    or the right to use radio frequency spectrums. Certain forbearance payments would now also be classified

    as royalty. Notwithstanding the proposed changes to domestic tax law, taxpayers would be reminded to

    consider the availability of tax treaties, in particular, access to treaty definitions of royalty, given that

    treaty definitions of royalty would prevail in event of a conflict between domestic law and tax treaty

    royalty definitions. The definition of a public entertainer under Section 2 has also been considerably

    widened to include, for example, lecturers and speakers.

    Another interesting change introduced in the Finance Bill are the penalties introduced for failing to comply

    with Mutual Administrative Assistance Arrangements, including country by country reporting. The purpose

    of enacting these provisions is to ensure compliance with Action Plans proposed by the Organisation for

    Economic Co-operation and Development (OECD) under its base erosion and profit shifting (BEPS)

    initiatives. These penalty provisions and BEPS are discussed further under the Other significant changes

    section. Other salient proposals that were not mentioned in the Budget Speech are also highlighted below.

    Unless otherwise stated, the proposals below, when passed by Parliament, shall take effect from the year

    of assessment (YA) 2017 and subsequent YAs. Note, however, that the above stated proposals take effect

    from the coming into operation of the Finance Act 2016.

    A

  • Tax alert Highlights of Budget 2017 (Part II) 26 October 2016

    Volume 19, Issue 23 3

    Personal income

    tax changes

    Highlights

    Output tax borne by the employer is part of

    gross employment income

    Deduction for spouse tightened where

    spouse derives foreign-sourced income

    Output tax borne by the employer is part of gross employment income

    During the introduction and implementation of the Goods and Services Tax (GST) in April 2015, there

    may have been some confusion as to whether output tax borne by the employer under the Goods and

    Services Act 2014 (GSTA) in respect of benefits provided to employees, should form part of the gross

    employment income for taxpayers. The Finance Bill clarifies that output tax borne by the employer

    under the GSTA shall be included as part of gross income from employment, which forms part of

    taxable income. This proposed change applies retrospectively from YA 2015 onwards.

    Deduction for spouse tightened where spouse derives foreign-sourced income

    Presently, a resident spouse or a spouse who is a Malaysian citizen, is eligible for a deduction of

    RM4,000 if any of the following criteria is fulfilled:

    The taxpayers spouse has no source of income;

    The taxpayers spouse has no total income which can be aggregated with the taxpayers income; or

    An election has been made by the taxpayers spouse for a combined assessment

    It is now proposed that the existing relief of RM4,000 will not apply if the spouse has income derived

    from sources outside of Malaysia and the gross income from such sources exceeds the amount of

    relief provided. This restriction is, however, not applicable if the spouse is disabled (Section 47(6) of

    the ITA).

  • Tax alert Highlights of Budget 2017 (Part II) 26 October 2016

    Volume 19, Issue 23 4

    Corporate income tax changes

    Highlights

    Deduction on donations extended to include

    approved funds; deductions to approved

    sports activity restricted to cash

    contributions

    Exemption criteria of Real Estate

    Investment Trust (REIT) or Property Trust

    Fund streamlined

    Tax exemption on interest income

    tightened

    Further developments on IBA claims for

    buildings which are rented out

    Limitations of claims for deductions for

    companies with single-tier dividends

    widened

    Deduction on donations extended to include approved funds; deductions to approved sports activity restricted to cash contributions

    Currently, a deduction (against aggregate income) is permitted for donations made to the

    Government, a State Government, a local authority, an institution or organization approved under

    Section 44(6) of the ITA.

    It is now proposed that Section 44(6) be amended to also permit a deduction from the aggregate

    income of a person, in respect of donations of money to a fund. The fund has to be administered and

    augmented by an institution or organization in Malaysia for the sole purpose of carrying out the

    funds objectives. The fund in this case cannot have been established or held primarily for profit.

    The Finance Bill has, however, limited the scope of deduction to a sports activity/body. Currently,

    both gifts of money or in kind to a sports activity approved by the Minister or to any sports body

    approved by the Commissioner of Sports appointed under the Sports Development Act 1997 would

    qualify for a tax deduction (Section 44(11B) of the ITA). It is now proposed that such donations must

    be made in cash, in order to qualify for a deduction, i.e. donations in kind would no longer qualify for

    a deduction.

  • Tax alert Highlights of Budget 2017 (Part II) 26 October 2016

    Volume 19, Issue 23 5

    Exemption criteria of Real Estate Investment Trust (REIT) or Property Trust Fund tightened

    Currently, a unit trust fund which is approved by the Securities Commission (SC) as a REIT or Property

    Trust Fund is exempt from tax if 90% or more of the total income of the unit trust is distributed to the

    unit holders. The Finance Bill amends Section 61A(2) of the ITA such that only a unit trust approved

    by the SC and listed on Bursa Malaysia is exempt from tax, where the 90% distribution threshold is

    met. For a REIT/PTF which is not listed in Bursa Malaysia or a listed REIT/PTF which is subsequently

    delisted, the total income at the REIT/PTF level is subject to tax prior to making its distribution to the

    unit holder.

    Tax exemption on interest income tightened

    The Finance Bill has narrowed the ambit of certain categories of interest income which are exempt

    from tax. Some of the exemptions that have been tightened are discussed below.

    For example, currently, a company not resident in Malaysia is exempt from tax in respect of interest

    received from securities issued by the Government or sukuk or debentures issued in Ringgit Malaysia,

    other than convertible loan stock, approved or authorized by or lodged with the Securities Commission

    (SC). This exemption is provided under Paragraph 33A, Schedule 6 of the ITA. Similarly, interest

    income received by any person in respect of sukuk originating from Malaysia and issued in non-Ringgit

    Malaysia, other than convertible loan stock and approved or authorized by or lodged with SC or

    approved by the Labuan Financial Services Authority, is exempt from tax under Paragraph 33B,

    Schedule 6 of the ITA. There is a proposal to introduce new subparagraphs to paragraphs 33A and

    33B of Schedule 6, to narrow the ambit of this exemption such that the tax exemption will not be

    applicable in the following scenarios:

    Where interest is paid or credited to a company in the same group as defined in Section 2(4) of ITA

    (Section 33A(2) of the ITA);

    Where interest is paid or credited to a company in the same group as defined in Section 2(4) of ITA

    or to a licensed bank, licensed Islamic bank or a development financial institution (Section 33B(2))

  • Tax alert Highlights of Budget 2017 (Part II) 26 October 2016

    Volume 19, Issue 23 6

    Further developments on IBA claims for buildings which are rented out

    Arising from Budget 2016 and with effect from YA 2016, certain buildings that are deemed as

    industrial buildings (IBs) will not qualify for industrial building allowance (IBA) if the building or part of

    the building is let out. These IBs are as follows: licensed private hospitals; maternity homes; nursing

    homes; buildings used for research; warehouses; buildings used for approved services projects; hotels;

    airports; motor racing circuits; buildings used as living accommodation of employees of persons

    carrying on a manufacturing, hotel or tourism business or an approved services project; and approved

    schools or educational institutions (Schedule 3 Paragraph 16B of the ITA). The Inland Revenue Board

    (IRB) had subsequently clarified that Paragraph 16B would not apply to existing buildings acquired

    prior to YA 2016 but would only apply to new buildings acquired from YA 2016.

    The Finance Bill further amends Paragraph 16B to extend the list of buildings that will not qualify for

    IBA if rented out, to buildings used for industrial, technical or vocational training approved by the

    Minister. Subject to further clarifications with the IRB, understand that similarly this extended list will

    not apply to buildings acquired prior to YA 2016.

    The Finance Bill also provides that if not more than one-tenth of the total floor area of the industrial

    building is rented out, the whole building will qualify for IBA. If more than one-tenth of the total floor

    area of the IB is rented out, the IBA claim will only be available on the floor area which is not rented

    out.

    Limitations of claims for deductions for companies with single-tier dividends widened

    Paragraph 12B of Schedule 6 of the ITA currently states that any expenses incurred in relation to

    single-tier dividends shall be disregarded for the purposes of ascertaining adjusted income. The

    Finance Bill has proposed that the word expenses and adjusted income be replaced with the words

    deductions and chargeable income respectively. This proposal effectively widens the ambit of the

    sums that could potentially be disallowed (to include items such as approved donations, for example).

  • Tax alert Highlights of Budget 2017 (Part II) 26 October 2016

    Volume 19, Issue 23 7

    Tax administrative changes Highlights

    Application for relief of a person with no CI

    and with CI extended

    Electronic submission of tax estimates

    extended to other entities other than

    companies

    Fees for advance pricing arrangement

    Penalty provisions introduced in the ITA to

    ensure compliance with BEPS Action Item

    13 on transfer pricing documentation,

    Section 154(1)(c) and Mutual

    Administrative Assistance Arrangement

    (MAAA)

    Application for relief of a person with no CI and with CI extended

    Currently, Section 131 of the ITA only allows a person to apply for relief in respect of an error or

    mistake in a tax return when such person has paid tax. The application must be made within five years

    after the end of the YA in which the assessment was made. In recognition that errors or mistakes may

    also arise in situations that do not give rise to a tax payable position (for example, when computing

    unabsorbed capital allowances or losses), the Finance Bill has introduced Section 97A(5) to allow such

    taxpayers to also apply for relief. In addition, the Bill introduces Section 97A(1A) to automatically

    deem a notification of non-chargeability (NONC) to be made upon submission of tax returns by a

    taxpayer in cases where there is no tax payable for a YA. Thus, such taxpayers no longer need to apply

    for a NONC before an appeal may be made against the DGIRs prevailing practice or Public Ruling.

    As indicated above, currently Section 131 of the ITA allows a person with CI and who has paid tax to

    apply for relief in respect of an error or mistake in a tax return. A new Section 131A has been

    proposed to allow a person to apply for relief where the tax paid is excessive due to reasons other than

    in respect of an error or mistake, i.e.:

  • Tax alert Highlights of Budget 2017 (Part II) 26 October 2016

    Volume 19, Issue 23 8

    New proposed Section

    131A

    Reason for excessive payment of tax Time limit for appeal

    Section 131A(1)(a) and

    (b)

    Any exemption, relief, remission, allowance

    or deduction granted for that YA or any

    other written law published in the Gazette,

    or the approval is granted after the YA in

    which the return is furnished

    Within five (5) years after

    the end of the year the

    exemption, relief,

    remission, allowance or

    deduction is published in

    the Gazette or the

    approval is granted,

    whichever is the later

    Section 131A(1)(c) Where a deduction was not allowed in

    respect of payment not due to be paid

    under the withholding tax sections, on the

    day the return is furnished by the taxpayer

    Within one (1) year after

    the end of the year the

    payment is made

    The above proposals apply where there is no chargeable income or where the assessment is excessive.

    On receiving such applications for relief, the DGIR shall inquire into the matter and may give

    repayment of tax where the appeal appears to be just and reasonable. An applicant who is aggrieved

    by the DGIRs decision may, within six (6) months after being informed of such decision, make a

    written request to the DGIR to forward the appeal to the Special Commissioners of Income Tax (SCIT).

    The DGIR shall forward the appeal to the SCIT within three (3) months after receiving such request.

    The above proposed amendments will come into operation on 1 January 2017.

    Electronic submission of tax estimates extended to entities other than companies

    The Finance Bill has proposed that the electronic submission of estimates and revised estimates of tax

    payable, which is to be effective from YA 2018 for companies, shall also extend to limited liability

    partnerships, trust bodies and co-operative societies. This requirement is effective from YA 2019

    (Section 107C(7A) of the ITA).

    Fees for advance pricing arrangement

    It is proposed that Section 154(1)(ec) of the ITA be amended to include the words arrangement

    made under Section 138C so that the Minister shall be empowered to prescribe fees for Advance

    Pricing Arrangements. Currently, the Minister is only empowered to prescribe fees for Advance

    Rulings. This provision is effective upon the coming into operation of the Finance Act.

  • Tax alert Highlights of Budget 2017 (Part II) 26 October 2016

    Volume 19, Issue 23 9

    Penalty provisions introduced in the ITA to ensure compliance with BEPS Action Item 13 on transfer pricing documentation, rules made under Section 154(1)(c) and Mutual Administrative Assistance Arrangement (MAAA)

    Todays international tax conversations are focused on the impact of the Organisation for Economic

    Co-operation and Development (OECD)s Base erosion and profit shifting (BEPS) initiative on cross-

    border supply chains. The OECD has finalized 15 Action Plans with recommendations for changes in

    international tax rules, to remedy perceived BEPS issues. In order to increase tax transparency by

    providing tax authorities with a line of sight into a Groups entire global footprint, BEPS Action item

    13 prescribes a three-tiered approach to transfer pricing documentation, which consists of the

    following:

    i) Master file containing standardised information relevant for all MNE group members;

    ii) Local file referring specifically to material transactions of the local taxpayer; and

    iii) Country by Country Report (CbCR) containing certain information relating to the global

    allocation of the Multinational Corporation (MNE)s income and taxes paid together with certain

    indicators of the locations of economic activities within the MNE group. [Based on the OECD

    Guidance, CbCR applies to any MNE with annual consolidated group revenue equal to or above

    750m (estimated at RM3.48b on 7 October 2016).]

    The CbCR report will be filed annually with the ultimate parents home tax authority and the reports

    are to be shared via the treaty network by the ultimate parents home tax authority. The CbCR report

    will automatically be shared with foreign tax administrators under the Multilateral Competent

    Authority Agreement (MCAA), which Malaysia signed on 27 January 2016.

    In a consultation session with the Chartered Tax Institute of Malaysia on 24 March 2016, the IRB

    announced that they are planning to introduce the CbCR requirement and that the current local

    transfer pricing documentation requirements will be updated to include the Master File-Local File

    concepts. The CbC reporting requirement and the new transfer pricing documentation requirements

    are expected to be effective in Malaysia from 1 January 2017, with the first filing of the CbC reports

    by 31 December 2018. The practice in relation to submission of the transfer pricing documentation

    will remain unchanged, i.e. such documentation will need to be provided within a specific period of

    time (usually 30 days) upon request by the IRB.

    In line with the IRBs intention to introduce CbCR in Malaysia and other exchange-of-information

    developments, the Finance Bill proposes new penalty provisions under Sections 112A, 113A and

    119B of the ITA in accordance with rules made under Paragraph 154(1)(c) of the ITA which involves

    simultaneous tax examination, automatic exchange of information or tax administration under

    Section 132B of the ITA between the Malaysian Government and any Government of any territory

    outside of Malaysia where the CbCR is not prepared in line with the OECDs recommendations. A

    summary of the new penalty provisions is as follows:

    Section 112A of the ITA Failure to furnish CbCR. The burden of proof lies with the accused

    person to show that he has furnished a country-by-country-report;

  • Tax alert Highlights of Budget 2017 (Part II) 26 October 2016

    Volume 19, Issue 23 10

    Section 113A of the ITA Any person, on behalf of himself or another person, who makes an

    incorrect return, or makes an information return or report omitting the information required and

    giving any incorrect information required in accordance with Section 154(1)(c) that implements

    or facilitates the operation or arrangement on double tax agreements, tax information exchange

    agreements and mutual administrative arrangements. A person will not be guilty of an offence

    under Section 113A if the court is satisfied that the failure was made in good faith.

    Section 119B of the ITA - Failure to comply with any rules made under Paragraph 154(1)(c) of

    the ITA on mutual administrative assistance. The burden of proof lies with the accused person.

    Upon conviction under Sections 112A, 113A or 119B of the ITA, the person (or persons filing on

    behalf of himself or another person under Section 113A of the ITA) shall be liable to a fine of

    between RM20,000 and RM100,000 or imprisonment for a maximum of six (6) months, or both. The

    court may also make a further order to the person to comply with the rules within 30 days or any

    other period as the court deems fit.

    It is expected that the rules and guidelines on the three-tiered approach to transfer pricing

    documentation will be released in the coming months.

  • Tax alert Highlights of Budget 2017 (Part II) 26 October 2016

    Volume 19, Issue 23 11

    Goods and Services

    Tax (GST)

    The GST announcements in the Budget 2017 are mainly intended to streamline certain provisions under

    the GST legislation.

    Warehousing Scheme

    Currently, the Warehousing Scheme only applies to imported goods deposited into the warehouse.

    It is proposed that the scope of the Scheme be broadened to include all goods deposited into a

    qualifying warehouse. The proposal will benefit goods from a Principal Customs Area (PCA)

    deposited into the warehouse and align the GST treatment of goods imported vis--vis goods supplied

    from a PCA.

    Highlights

    Warehousing Scheme

    Free Zones

    Designated Area

    Installation, configuration and integration of a device for providing information

    Late payment penalty

    Other amendments

  • Tax alert Highlights of Budget 2017 (Part II) 26 October 2016

    Volume 19, Issue 23 12

    Free Zones

    The relevant GST treatment with respect to Free Zones is summarized below:

    s and Free Commercial Zones will together be known as Free Zones.

    s (except for imported goods that

    would be used or consumed in Free Zones, other than goods used for the purpose of commercial,

    manufacturing or retail trade activities)

    No GST would be chargeable on any taxable supply of goods made within or between Free Zones;

    a Free Zone to another Free

    Zone via the PCA or, from a Free Zone to the PCA would amount to an importation into Malaysia

    and GST would be payable upon importation. However, subject to an Order made by the Minister

    of Finance, GST will be suspended on any goods removed from a Free Zone to another Free Zone

    via the PCA, a Designated Area or a Warehouse under the Warehousing Scheme;

    when the

    principal place of business is in a Free Zone.

    Designated Area

    Due to the changes to Free Zones and the Warehousing Scheme (see previous), the proposed GST

    treatment in a Designated Area will be as follows:

    GST is chargeable on the removal of all goods (including goods under any lease agreement):

    From a Designated Area to another Designated Area through Malaysia; or

    From a Designated Area to Malaysia

    However, subject to an Order made by the Minister of Finance, payment of tax will be suspended

    on goods removed from a Designated Area through Malaysia to:

    Another Designated Area;

    A Free Zone; or

    A warehouse under the Warehousing Scheme

  • Tax alert Highlights of Budget 2017 (Part II) 26 October 2016

    Volume 19, Issue 23 13

    Installation, configuration and integration of a device for providing information

    The Finance Bill proposes that the Director General of Customs can require any prescribed registered

    person to provide information on all supplies made and payments received by using a device as

    prescribed by the Minister of Finance.

    Access to the information on the device shall not be given, published or disclosed to any other person,

    unless the disclosure is required or authorised:

    Under the GSTA

    By any court; or

    For the performance of duties or exercise of power under the GSTA

    Late payment penalty

    Under the Finance Bill, the late payment penalty under section 41(8) of the GSTA will be revised as

    follows:

    (i) For the first 30 days: penalty rate will be increased from 5% to 10%;

    (ii) For the second 30 days: the additional penalty rate will be increased from 10% to 15%;

    (iii) For the third 30 days: the additional penalty rate will be increased from 10% to 15%;

    (iv) The maximum cap of 25% penalty rate will be removed.

    (v) The penalty will apply to the tax amount which remains unpaid.

    The above late payment penalty will also be applicable to a non-taxable person who is required to

    account for GST by furnishing a return and paying GST.

    Others amendments

    In addition to the above, the Finance Bill also proposes the following amendments to the GSTA:

    (a) The time of supply for imported services

    The present law provides that time of supply for imported services is the earlier of the date of

    payment or the date when the invoice is issued by the supplier. This provision has been amended to

    prescribe time of supply as the earlier of the date of payment or the date when the invoice is

    received from the supplier.

    (b) Computation of GST registration threshold

    For calculating the value of supplies for the purpose of the GST registration threshold, the supply

    of capital assets of the business is required to be excluded. An amendment has been proposed to

    state that the capital assets which are supplied due to cessation of business are required to be

  • Tax alert Highlights of Budget 2017 (Part II) 26 October 2016

    Volume 19, Issue 23 14

    excluded. While there is some ambiguity requiring clarification, subject to confirmation from the

    authorities, this amendment appears to be in addition to, rather than a replacement of, the current

    wording which excludes the supply of capital assets in the course or furtherance of business.

    Further, another sub-clause has been added to provide that supplies made within or between the

    Free Zones are required to be excluded, subject to exceptions published in an Order.

    (c) Issuance of tax invoice by non-taxable person

    A sub-section relating to issuance of tax invoice has been proposed to be amended. For a

    registered person, the amendment implies that he should not issue any invoice containing an

    amount which purports to be tax for a non-taxable supply or zero-rated supply. Further, for a non-

    registered person (with some specific exceptions), the amendment implies that he should neither

    issue any invoice showing an amount which purports to be a tax nor issue an invoice which

    purports to be a tax invoice.

    It may be noted that the explanatory notes to the Finance Bill suggest that a registered person

    should not issue a tax invoice for a non-taxable or zero-rated supply. This, however, is not as per

    the amendments proposed in the Act.

    (d) GST refund in relation to GST relief

    In the event a person is granted GST relief prescribed under the Goods and Services Tax (Relief)

    Order and has paid the GST to which the relief relates, such person shall be entitled to a refund if

    an approval is granted by the Minister of Finance.

    Such person should make the claim within six (6) years from the time the person is entitled for the

    refund.

    (e) GST treatment of supply of land to government for certain purpose

    Subject to conditions, any supply of land by a developer or owner of the land to the Federal

    Government, State Government, local authority or any other person shall not be treated as a

    supply of goods nor supply of services.

  • Tax alert Highlights of Budget 2017 (Part II) 26 October 2016

    Volume 19, Issue 23 15

    Other changes

    Definition of a Labuan business activity and a Labuan non-trading activity narrowed

    Currently the definition of a Labuan business activity provides that a Labuan entity may hold

    investments in a domestic company, with residents, in Malaysian currency. The Finance Bill proposes

    that the word investments in a domestic company be replaced with shares.

    Labuan non-trading activity (income from which, if earned by a Labuan entity carrying on a Labuan

    business activity, is not subject to tax) is currently defined as an activity relating to the holding of

    investments in securities, stock, shares, loans, deposits or any other properties by a Labuan entity on

    its own behalf. It is proposed that the definition be narrowed to an activity relating to the holding

    of investments in securities, stock, shares, loans, deposits or any other properties situated in Labuan

    by a Labuan entity on its own behalf, i.e. the words situated in Labuan are added to the definition.

    These proposals come into effect on the date of the coming into operation of the Act.

    Highlights

    Definition of a Labuan business activity

    and Labuan non-trading activity narrowed

    Amendments to RPGT law to take into

    account input tax adjustments on relevant

    expenditure and to restrict the no-gain-no-

    loss provision on gifts to only donors who

    are citizens

  • Tax alert Highlights of Budget 2017 (Part II) 26 October 2016

    Volume 19, Issue 23 16

    Amendments to RPGT law to take into account input tax adjustments on relevant expenditure and to restrict the no-gain-no-loss provision on gifts to only donors who are citizens

    The proposed Real Property Gains Tax (RPGT) changes seek to streamline the RPGT treatment with

    the changes to the income tax legislation introduced last year, with respect to adjustments under the

    GSTA. Where there is an adjustment in the amount of input tax claimable under the GSTA, relating to

    an expenditure incurred on the acquisition or disposal of an asset, such adjustments will be taken into

    account / adjusted accordingly for RPGT purposes. The proposed changes will be effective

    retrospectively from YA 2015 (Schedule 2 Paragraph 6(1A) and 7(2)).

    The no-gain-no-loss provisions on disposal by way of gift (where the donor and recipient are husband

    and wife, parent and child, or grandparent and grandchild) is currently applicable to citizens,

    permanent residents and non-citizens. The proposed change seeks to restrict the no-gain-no-loss

    provisions only to a situation where the donor is a citizen of Malaysia. This proposed change will be

    effective on 1 January 2017 (Schedule 2 Paragraphs 12(2) of the RPGTA).

  • Tax alert Highlights of Budget 2017 (Part II) 26 October 2016

    Volume 19, Issue 23 17

    EY Budget 2017 and Tax Conference

    How will the Malaysian Budget 2017 affect your company and business? Are there new incentives that

    your organization can take advantage of? Are there new taxes or regulations that you need to be mindful

    of? What are the latest developments in the tax arena that will impact how you manage tax risks?

    EY's senior tax professionals are ready to help answer these questions for you. They can explain and

    guide you through the salient issues of the Malaysian Budget 2017 and share practical insights on the

    latest tax developments.

    Participants at our Budget and Tax Conferences will be provided a copy of the Budget 2017

    commentary, as well as opportunities for questions and answers.

    Mark these dates down for an insightful session on the Malaysian Budget 2017 and more!

    Kuala Lumpur Ipoh Penang

    Date: 27 October 2016 1 November 2016 10 November 2016

    Venue: Connexion@Nexus (Bangsar

    South)

    Weil Hotel G Hotel Gurney

    Time: 9:00 a.m. 5:15 p.m. 9:00 a.m. 5:00 p.m. 8:30 a.m. 5:30 p.m

    Contact: Valerie Joshua / Ramlah

    Abd Rahman

    Patricia Lau / Chang Wai

    Chien

    Lim Shu Bei / Rachel Lau

    Tel: 03-74958310 / 58466 Tel: 05-241 1255 Tel: 04-2641878

    Johor Bahru Malacca Kuantan Date: 1 November 2016 2 November 2016 3 November 2016

    Venue: Renaissance Hotel, Johor

    Bahru

    Hatten Hotel, Melaka Zenith Hotel, Kuantan

    Time: 8:30 a.m. 5:30 p.m. 8:30 a.m. 5:30 p.m TBA

    Contact: Roslina Md Salleh / Lili

    Nazirah Abdul Hamid

    Chan Lay Khim / Michelle

    Tan Pau Choo

    Juliana Hanim / Eddie Eries

    Tel: 07-3341740 Tel: 06-2882399 Tel: 09-5157500

    Kuching Sibu Miri Bintulu Date: 1 November 2016 2 November 2016 4 November 2016 3 November 2016 Venue: Hilton, Kuching Tanahmas Hotel,

    Sibu Imperial Hotel, Miri Promenade Hotel,

    Bintulu Time: TBA 8:30 a.m. 5:00

    p.m. 8:30 a.m. 5:00 p.m.

    8:30 a.m. 5:00 p.m.

    Contact: Irene Foo / Anne Chong

    Ting Su Ding Belinda Ting / Ku Xiu Ting

    Fion Wong / Pao Nguk Eng / Lim Yan Ping

    Tel: 082-243233 Tel: 084-332134 Tel: 085-423881 Tel: 086-336111

  • Tax alert Highlights of Budget 2017 (Part II) 26 October 2016

    Volume 19, Issue 23 18

    Kota Kinabalu Tawau Sandakan Date: 2 November 2016 3 November 2016 4 November 2016

    Venue: Le Meridien Kota Kinabalu Promenade Hotel, Tawau Four Points By Sheraton,

    Sandakan

    Time: TBA 8:30 a.m. 1:00 p.m 8:30 a.m. 1:00 p.m.

    Contact: Dora Wong /Jennifer Vun

    Chai Siew Moi / Alison

    Chung

    Stephanie Au

    Tel: 088-235733 Tel: 089-774233 Tel: 089-217266

    In addition, Japanese seminars will be held as follows:

    Kuala Lumpur Penang Johor Bahru Date: 2 November 2016 3 November 2016 4 November 2016

    Venue: EY office, Menara Milenium,

    Kuala Lumpur

    EY office, MWE Plaza,

    Georgetown

    EY office, Menara Pelangi,

    Johor Bahru

    Time: 9:30 p.m. 12:30p.m. 2:30 p.m. 4:30p.m. 2:30 p.m. 4:30p.m.

    Contact: Yoko Yamada Tel: 03-74958204

    Yoko Yamada / Lim Shu Bei Tel: 03-74958204 / 04-2641878

    Yoko Yamada / Set Ying Ting Tel: 03-74958204 / 07-3341740

  • Tax alert Highlights of Budget 2017 (Part II) 26 October 2016

    Volume 19, Issue 23 19

    Important dates

    27 October 2016 EY Budget 2017 and Tax Conference

    (Kuala Lumpur)

    31 October 2016 6th month revision of tax estimates for companies with April year-end

    9th month revision of tax estimates for companies with January year-end

    Statutory deadline for filing of 2016 tax returns for companies with March year-end

    15 November 2016 Due date for monthly instalments

    30 November 2016 6th month revision of tax estimates for companies with May year-end

    9th month revision of tax estimates for companies with February year-end

    Statutory deadline for filing of 2016 tax returns for companies with April year-end

    For income tax enquiries:

    Dr. Lydia Shalani Thiagarajah

    Email: [email protected]

    For GST enquiries:

    Dave Ananth

    Email: [email protected]

    Tel: +603 7495 8422

    For subscription enquiries:

    Ramlah@ Rosliza Abdul Rahman

    Email: [email protected]

    Tel: +603 7495 8466

    Publisher:

    Ernst & Young Tax Consultants Sdn. Bhd.

    Level 23A Menara Milenium

    Jalan Damanlela, Pusat Bandar Damansara

    50490 Kuala Lumpur

    Tel: +603 7495 8000

    Fax: +603 2095 7043

  • EY | Assurance | Tax | Transactions | Advisory

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    2016 Ernst & Young Tax Consultants Sdn. Bhd.

    All Rights Reserved.

    APAC no. 07000817

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    This material has been prepared for general informational

    purposes only and is not intended to be relied upon as

    accounting, tax, or other professional advice. Please refer to

    your advisors for specific advice.