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News & Analysis

Income Tax Exemption Order 2022

21 July 2022 by Shearn Delamore & Co

The following Orders in respect of income tax exemption on certain foreign sources of income have recently been gazetted
News & Analysis

Income Tax Rules and Sales Tax Order 2022

19 June 2022 by Shearn Delamore & Co

The following Rules have recently been gazetted
News & Analysis

Tax Highlights of Malaysia’s Budget 2022

02 February 2022 by Shearn Delamore & Co

On 6 November 2021, the Malaysian Minister of Finance, YB Senator Tengku Datuk Seri Utama Zafrul Tengku Abdul Aziz, unveiled the Malaysian Budget 2022 (“the Budget”) themed “Keluarga Malaysia, Makmur Sejahtera” (‘A Prosperous Malaysian Family’).
News & Analysis

The Coca-Cola Company & Subsidiaries, Petitioner v Commissioner of Internal Revenue, Respondent

01 February 2022 by Shearn Delamore & Co

In November 2020, the United States Tax Court (“USTC”) decided in favour of the Internal Revenue Service (“IRS”) against The Coca-Cola Company (“Coca-Cola”) on certain transfer pricing issues, resulting in an additional tax payment of more than USD 3.3 billion.
News & Analysis

Agro-Mod Industries Sdn Bhd v Goods and Services; Tax Appeal Tribunal and Director General of Customs

31 January 2022 by Shearn Delamore & Co

Recently, the Court of Appeal ruled in Agro-Mod Industries Sdn Bhd v Goods and Services Tax Appeal Tribunal and Director General of Customsiii on the issue of whether the goods and services tax (“GST”) was chargeable on the sale of agricultural land under a contract entered into before GST was implemented with effect from 1 April 2015 (“Effective Date”).
News & Analysis

Landmark Decision on Personal Data Protection in Malaysia

31 January 2022 by Shearn Delamore & Co

In a landmark decision, the High Court of Malaya at Kuala Lumpur declared that the Director General of Inland Revenue (“DGIR”) cannot use the provisions of the Income Tax Act 1967 (“ITA”) to override the protections offered under the Personal Data Protection Act 2010 (“PDPA”) to undertake a fishing expedition for the personal data of customers held by a company running a business as a data user.

News & Analysis

Malaysia: Deductibility of Expenses Incurred by a Business in its Restructuring or Retrenchment Exercise

13 July 2021 by Shearn Delamore & Co

Faced with the current Covid-19 pandemic and the consequential economic ramifications, it is inevitable that affected businesses are put under increasing financial strain.
News & Analysis

Malaysia: Flextronics Shah Alam Sdn Bhd v Ketua Pengarah Hasil Dalam Negeri [2018] 7 CLJ 487, High Court of Malaya in Shah Alam ― the existence of a domestic remedy does not act as a bar to an application for leave for judicial review

13 July 2021 by Shearn Delamore & Co

The longstanding position of the Inland Revenue Board of Malaysia (“IRB”) in regard to judicial review applications to challenge tax assessments raised by them is that the appeal procedure under section 99 of the Income Tax Act 1967 (“ITA”) is sufficient to address taxpayers’ complaints.
News & Analysis

Malaysia: Landmark Decision By Federal Court Confirming that Local Authorities Cannot Tax New Holdings by way of Amendments to a Valuation List

13 July 2021 by Shearn Delamore & Co

In 2018, Majlis Daerah Hulu Selangor (“Local Authority”) purportedly amended a 1996 Valuation List pursuant to Section 144 of the Local Government Act 1976 (“LGA”)

News & Analysis

Malaysia: Tax Highlights of Malaysia’s Budget 2021

13 July 2021 by Shearn Delamore & Co

On 6 November 2020, the Malaysian Minister of Finance, Tengku Datuk Seri Zafrul Tengku Abdul Aziz, unveiled the Malaysian Budget 2021 (“Budget”).

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