INCOME TAX (EXEMPTION) (NO. 55) ORDER 2000
IN exercise of the powers conferred by paragraph 127(3) (b) of the Income Tax Act 1967 [Act 53], the Minister makes the following order:
Citation and commencement
1. (1) This order may be cited as the Income Tax (Exemption) (No. 55) Order 2000.
(2) This Order shall be deemed to have come into operation from 23 October 1998 until 31 December 2000 and shall have effect from the year of assessment 1999 until the year of assessment 2000 in respect of the basis period ending in the year 2000.
Interpretation
2. For the purpose of this Order-
"exhibition, festival or conference" means an exhibition, festival or conference organized with the participation of foreign nationals;
"promoter" means a company incorporated under the Companies Act 1965 [Act 125], or an association or organization registered under the Societies Act 1966 [Act 335];
"games or sports competition of international standard" means any sporting event or recreational activity approved by the Ministry of Youth and Sports and organized in any form with the participation of foreign nationals from a number of countries;
"cultural or arts show" means a stage performance approved by the Ministry of Culture, Arts and Tourism and organized with the participation of foreign nationals who have made at least three performances in foreign countries other than their own;
"foreign national" means an individual who is not a Malaysian citizen.
Exemption
3. (1) The Minister exempts-
(a) a foreign national from the payment of income tax in respect of the gross income derived from participating in any cultural or arts show, exhibition, festival or conference or games or sports competition of international standard; and
(b) a promoter of any cultural or arts show, exhibition, festival or conference or games or sports competition of international standard from the payment of income tax on 50 per cent of the statutory income derived from the organization of such activities.
(2) The exemption in subparagraph (1) shall apply only if the cultural or arts show, exhibition, festival or conference or games or sports competition of international standard referred to in subparagraph (1) is held in Malaysia at the National Sports Complex, National Theatre, National Art Gallery or Petronas Philharmonic Hall.
(3) Nothing in this paragraph shall absolve or be deemed to have absolved the foreign national or the promoter from complying with any requirement to submit any return or statement of accounts or to furnish any other information under the provisions of the Act.
Keeping of separate accounts
4. A promoter seeking an exemption under sub-subparagraph 3(1)(b) shall maintain a separate account for the income derived from the organization of any cultural or arts show, exhibition, festival or conference or games or sports competition of international standard in Malaysia.
Application of paragraphs 5 and 6 of Schedule 7A
5. In relation to a company, paragraphs 5 and 6 of Schedule 7A to the Act shall apply, mutatis mutandis, to the amount of income exempted under sub-subparagraph 3(1) (b) .
Made 22 December 2000.
[Perb. CR (8. 20) 116/1-138 (SJ. 17) Vol. 2 (SK. 3) ; LHDN. 01/35/(S) /42/51/231-4; PN(PU2) 80/XXIX]
On behalf and in the name of the Minister of Finance,
CHAN KONG CHOY
Deputy Minister of Finance
[To be laid before the Dewan Rakyat pursuant to subsection 127(4) of the Income Tax Act 1967]
IN exercise of the powers conferred by paragraph 127(3) (b) of the Income Tax Act 1967 [Act 53], the Minister makes the following order:
Citation and commencement
1. (1) This order may be cited as the Income Tax (Exemption) (No. 55) Order 2000.
(2) This Order shall be deemed to have come into operation from 23 October 1998 until 31 December 2000 and shall have effect from the year of assessment 1999 until the year of assessment 2000 in respect of the basis period ending in the year 2000.
Interpretation
2. For the purpose of this Order-
"exhibition, festival or conference" means an exhibition, festival or conference organized with the participation of foreign nationals;
"promoter" means a company incorporated under the Companies Act 1965 [Act 125], or an association or organization registered under the Societies Act 1966 [Act 335];
"games or sports competition of international standard" means any sporting event or recreational activity approved by the Ministry of Youth and Sports and organized in any form with the participation of foreign nationals from a number of countries;
"cultural or arts show" means a stage performance approved by the Ministry of Culture, Arts and Tourism and organized with the participation of foreign nationals who have made at least three performances in foreign countries other than their own;
"foreign national" means an individual who is not a Malaysian citizen.
Exemption
3. (1) The Minister exempts-
(a) a foreign national from the payment of income tax in respect of the gross income derived from participating in any cultural or arts show, exhibition, festival or conference or games or sports competition of international standard; and
(b) a promoter of any cultural or arts show, exhibition, festival or conference or games or sports competition of international standard from the payment of income tax on 50 per cent of the statutory income derived from the organization of such activities.
(2) The exemption in subparagraph (1) shall apply only if the cultural or arts show, exhibition, festival or conference or games or sports competition of international standard referred to in subparagraph (1) is held in Malaysia at the National Sports Complex, National Theatre, National Art Gallery or Petronas Philharmonic Hall.
(3) Nothing in this paragraph shall absolve or be deemed to have absolved the foreign national or the promoter from complying with any requirement to submit any return or statement of accounts or to furnish any other information under the provisions of the Act.
Keeping of separate accounts
4. A promoter seeking an exemption under sub-subparagraph 3(1)(b) shall maintain a separate account for the income derived from the organization of any cultural or arts show, exhibition, festival or conference or games or sports competition of international standard in Malaysia.
Application of paragraphs 5 and 6 of Schedule 7A
5. In relation to a company, paragraphs 5 and 6 of Schedule 7A to the Act shall apply, mutatis mutandis, to the amount of income exempted under sub-subparagraph 3(1) (b) .
Made 22 December 2000.
[Perb. CR (8. 20) 116/1-138 (SJ. 17) Vol. 2 (SK. 3) ; LHDN. 01/35/(S) /42/51/231-4; PN(PU2) 80/XXIX]
On behalf and in the name of the Minister of Finance,
CHAN KONG CHOY
Deputy Minister of Finance
[To be laid before the Dewan Rakyat pursuant to subsection 127(4) of the Income Tax Act 1967]
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