Many in the tax industry feel that Malaysia's economy has not yet recovered from the downturn. Even so, foreign direct investment is growing and, as a result, so is demand for international tax services.The tax environment is a lot more hostile than ...
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Many in the tax industry feel that Malaysia's economy has not yet recovered from the downturn. Even so, foreign direct investment is growing and, as a result, so is demand for international tax services.
The tax environment is a lot more hostile than previous years, with the authorities initiating more tax audits. One method of reducing the deficit is to increase revenue and that has led to more scrutiny from the authorities. Several believe this will lead to more litigation in years to come.
"There has been a lot of activism on the part of the income tax department. They remain active in going after big companies, which could lead to more litigation," said Francis Tan of Azman Davidson & Co.
"If the auditing process speeds up, we will likely see more cases going to court and taxpayers not agreeing with the assessments," said Veerinderjeet Singh of Taxand Malaysia.
Transfer pricing is a key focus area for the tax authorities. The signing of the first advance pricing agreement (APA) in Malaysia in January 2011 marked a milestone in transfer pricing for the Malaysian tax authorities. Transfer pricing guidelines were first introduced in Malaysia in 2003 and these were followed by the enactment of specific transfer pricing and APA legislation in 2009.
However, some professionals believe that there is still a long way to go. "Malaysia does not have specific transfer pricing laws. From a legislative perspective it is primitive," said one tax partner.
Speculation is now centring on the implementation of a GST in Malaysia. The tax was proposed in the 2005 budget, which would abolish the sales tax and service tax if implemented.
"GST was initially drafted a few years ago, but it did not go through the parliament," said Singh. "I personally think that GST will come, but the question that remains is timing."
"GST seems to be a pretty sure thing, but it is a question of when," said Vijey Krishnan of Raja, Daryl & Loh. "It was announced that it would be introduced at a rate of 4%. Eventually the GST rate would go up to rates consistent with other countries."
No date has yet been fixed for its implementation.
"GST is on the agenda. We are expecting some announcement next budget to hopefully put a timeline to it," said Chuan Keat Khoo of PwC.
"The elections are due in less than two years. I think the government will not act and wait for the election results," said another practitioner.
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