chapter 10
TRANSCRIPT
TAX INVESTMENT INCENTIVES
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Learning Outcome
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Incentives
Promotion of Investment Act 1986 (PIA)
Pioneer status
Investment tax allowances
Industrial adjustment allowances
Income Tax Act 1967
Reinvestment allowance
Double deduction
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1. Pioneer Status
Granted to mfg., food processing , commerce, agri., tourism & R&D co. which incur capital expenditure for promoted products/ activities
Tax exemption on 70% of SI for 5 years.
The balance of SI will taxed at normal rate 25%.
Promoted activity – means a manufacturing, agr, hotel, tourist or other industrial or commercial activity determined by minister under Sec 4, PIA.
Promoted product – any product as determined by the minister under sec 4.
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1. Cont….
Promoted areas – defined as Eastern Corridor of Peninsular M’sia (states of Kelantan, Terengganu, Pahang, Mersing), Sabah and Sarawak, Federal territory of Labuan, Perlis.
Extension of 5 years.
Manufacturing activity or activity relating to the treatment of water or projects that are of national and strategic importance to Malaysia.
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1. Enhanced Pioneer Relief
Approved projects in promoted area
(85% of SI)
A project of national & strategic importance (100% of SI)
Producing intermediate goods under approved scheme (100% of SI)
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1. Enhanced Pioneer ReliefHigh-tech projects & co. granted strategic
knowledge based status (100% of SI)
Producing specified machinery & equipment (100% of SI)
Food processing (another round)
Located outside promoted areas (70% of SI)
Located in promoted areas (85% of SI)
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Adjusted income
Less: capital allowance
Statutory income
Less Exemption (70% x 1,600)
Other income
Chargeable income
Tax liability 480K x 25%
Example (PS) :Melati Manufacturing with pioneer status had an AIof RM2m. The company located in Kuala Kangsar andwas eligible for RM400,000 in capital allowances.Computed the chargeable income and tax liability(rate 25%) for the YA 2012.
2. Investment Tax Allowance
Alternative to Pioneer status/ mutually exclusive
Prov of S26(1) PIA - Granted to manufacturing, agr, hotel, tourism and R&D co. which incur capital expenditure on industrial building, plant and machinery directly used for the purpose of promoted activities/products
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ITA is well suited for project or industries that are capital extensive and long gestation period.
60% of QCE deducted against 70% SI for 5 years from approval date.
Approved projects in promoted area (80% QCE of 85% SI)
A project of national & strategic importance (100% QCE of 100% SI)
Producing intermediate goods under approved scheme (60% QCE of 100% SI)
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2. Cont….
2. Enhanced ITA
High-tech projects & co. granted strategic knowledge based status (60% QCE of 100% SI)
Providing technical/vocational training (100% QCE of 70% SI)
Producing specified machinery & equipment (100% QCE of 100% SI)
Food processing (another round)Located outside promoted areas (60% QCE of
70% SI)Located in promoted areas (80% QCE of 85% SI)
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Example (ITA):Gemini Electronics SB is a manufacturing company andhas incurred RM3.4m qualifying expenditure forYA2012. For the YA 2012, the adjusted income wasRM2.4m. It was entitled to capital allowance ofRM640K and the company has approval for ITA.Computed the chargeable income and tax liability (rate25%) for the YA 2012.
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3. Industrial Adjustment
Allowance (Sec 31, PIA)
IAA is available with effect from YA 1991, to a manufacturing that undertakes an approved industrial adjustment programme.
Must make a written application to Minister for International Trade and Industry – to participate in industrial adjustment project.
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Industrial Adjustment – any activities proposed to be undertaken by a particular sector in manufacturing to restructure by the way:
Reorganization
Reconstruction or amalgation within that particular sector with a view to:
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3. Cont….
Strengthening the basis for industrial self efficiency
Improving industrial technology
Increasing productivity
Enhancing the efficient use of natural resources
Efficient management of manpower.
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3. Cont….
3. Eligible Activities
IAA is given on selective industry basis such as: Machinery & engineeringTextileWood basedChemicalIron & steelElectronic & electrical
60% - 100% on QCE deducted against adjusted income for 5 years
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4. Reinvestment Allowance
(Sch 7A, ITA)2nd round incentive for co. who had enjoyed PS or ITA
Granted to mfg. co. & agri. based co. (w.e.f. YA 1997) which incur capital expenditure on:
Expansion of production capacity
Modernization & upgrading of production facilities
Diversification into related products
Automation in the existing business
60% of QCE deducted against 70% SI for 5 years
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4. Cont….
Eligibility Co. is R in M’siaIn operation for at least 36 mthsIncurred QE on P & M, factory used in M’sia for
the purpose of approved projectFull exemptionCo. is situated in promoted areaCo. has achieved the level of productivity as
prescribed by the MoFDisposal of assets within 2 years of acquisition – RA
to be withdrawn
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4. RA RateA flat rate of 60% of QCE incurred will be given to
the company as RA.In order for RA to be credited into exempt income
account, the RA has to be set off against the 70% of SI.
If RA exceeds the 70% of SI – unabsorbed RA can be carried forward indefinitely to be set off against future SI.
If RA is below the 70% of SI, the amount of RA is credited to exempt income acc.
The excess of 70% SI over the RA claimed is addedon to the 30% SI which will be taxed at 25%(YA 2009-2013).
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Example (RA)LES incurred expenditure on Plant and Machinery ofRM800,000 qualifying for reinvestment allowance. Thecompany’s adjusted income for the year of assessment2012 was RM950,000 and capital allowances ofRM250,000.Required:• Calculate the chargeable income for LESB for the YA
2012.• Recalculate the chargeable income for LESB for the YA,
if LESB business is based in ‘promoted area’.
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Answer:
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5. Double Deduction (S. 154)
Additional deduction of revenue expense:
Encourage taxpayer to use a particular service
Venture into overseas market
Improve productivity by conducting R&D & training
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Q & A
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