Despite global financial challenges, Bank Negara Malaysia has reported that "the Malaysian economy recorded a higher growth of 5.4% driven by stronger domestic demand, which rose by 13.8%" during the second quarter of 2012. The statistics are higher ...
[more]
Despite global financial challenges, Bank Negara Malaysia has reported that "the Malaysian economy recorded a higher growth of 5.4% driven by stronger domestic demand, which rose by 13.8%" during the second quarter of 2012. The statistics are higher compared to the economy's first quarter, which recorded a growth of 4.9%.
Though the country's economy has been growing, the government is continuously looking to avenues that can help lessen the deficit burden. "There is not much they can do in terms of introducing new taxes and the government is struggling to get GST through. Therefore, to increase collections, the only thing the tax authorities can do is take a more aggressive position on existing taxes and become tough on recovery of taxes due," said Vijey Krishnan from Raja, Darryl & Loh.
The tax environment in Malaysia continues to be more hostile than previous years. "The Malaysian tax environment would be a lot more intense going forward with the recruitment of more than 200 tax audit officers from the industry and big-four accounting firms and redeployment of auditors from field audit to transfer pricing and specialised industries like banking, oil & gas, etc., as well as the increasing incidence of criminal investigation," said Yee Wing Peng from Deloitte. As audit officers are pressured to raise taxes, authorities are becoming more sophisticated through training, international exposure and attending various conferences.
"Tax litigation has boomed, there has been an increase in the number of income tax commissioners to deal with cases but given the number of new cases being filed, the tax court is taking longer to have a case heard now. Main focus will be on litigation, negotiation and settlement work," said Krishnan.
One measure that is expected to alleviate the deficit burden is the implementation of goods and services tax (GST) that has been pending since its announcement in the finance ministry's 2005 budget speech. The exact date for its introduction has yet to be set, though it is expected around 2014.
Many practitioners have attributed the delay this year to the impeding elections that are due to take place at the end of 2012. The government is "not particularly keen on introducing GST now right before the elections," observes one prominent practitioner. Though delayed, its implementation is almost certain. The anticipation has "opened a whole lot of work for tax lawyers and consultants. Issues for taxpayers include from getting compliance in place to working out what attracts GST, timing issues etc." said Krishnan.
The Royal Malaysian Customs have issued various draft regulations and guidelines, suggesting that the government may be more serious about implementing GST. Recent drafts issued by Customs include the GST General Guide and the GST Registration Guide. On June 13 2012, a further guide, the GST Tax Invoice and Record-keeping Guide, was issued.
"The government looks at the extent of tax revenue collection in order to reduce the budget deficit. To date, a significant portion of the tax revenue collection comes from the oil and gas sector; the government is looking for a more stable form and a wider base of tax revenue collection, GST will help achieve that objective," said Khoo Chin Guan from KPMG.
Transfer pricing is another area that the IRB is set to focus more on. "Transfer pricing audit will intensify; in addition to focusing on MNCs operating in Malaysia, the IRB will be looking at Malaysian companies investing overseas as more outbound investments are being made by Malaysian companies," said Khoo Chin Guan.
On May 11 2012, the IRB published its transfer pricing and advanced pricing agreement (APA) rules with retrospective effect from January 1 2009.
Section 140A of the rules provides taxpayers with legislative direction on transfer pricing, in particular on compliance with the arm's-length principle and the level of documentation required. The rules clarify the requirement of contemporaneous documentation related to controlled transactions.
"There may well be increased interest in APA negotiations from taxpayers," says Goh Ka Im from Shearn Delamore & Co, to gather more certainty from the IRB.
[hide]