INCOME TAX (REQUEST FOR INFORMATION) RULES 2009

INCOME TAX (REQUEST FOR INFORMATION) RULES 2009

IN exercise of the powers conferred by subsection 132(2) and paragraph 154(1)(c) of the Income Tax Act 1967 [Act 53], the Minister makes the following rules:

Citation and commencement

1. (1) These rules may be cited as the Income Tax (Request for Information) Rules 2009.

(2) These Rules come into force on 26 August 2009.

Interpretation

2. In these Rules—

“bank” means—

(a) a bank, finance company, or a banking and finance company licensed or deemed to be licensed under the Banking and Financial Institutions Act 1989 [Act 372];

(b) an Islamic bank licensed or deemed to be licensed under the Islamic Banking Act 1983 [Act 276]; and

(c) a prescribed institution under the Development Financial Institutions Act 2002 [Act 618];

“information” means an information required to be disclosed pursuant to the article on exchange of information of a double taxation arrangement;

“double taxation arrangement” means an arrangement as declared under section 132 of the Act;

“competent authority” means the duly authorized servant or agent of a government of any territory outside Malaysia with which the Government of Malaysia has entered into a double taxation arrangement.

Request for information

3. (1) Subject to these Rules, a competent authority may request from the Director General for information of a person to whom the double taxation arrangement entered into by the government of such competent authority with the Government of Malaysia relates.

(2) The Director General may refuse the request under subrule (1) if the information requested is in relation to a person who is not related to the double taxation arrangement.

(3) The competent authority shall state in the request made under subrule (1) the following particulars:

(a) the name and designation of the competent authority;

(b) the purpose of the request;

(c) the name and identification or reference number of the person in relation to whom the information is requested for; and

(d) the details of the information requested.

(4) The Director General may require any other information from the competent authority which the Director General deems necessary.

(5) Upon receipt of the request under subrule (1), the Director General may by notice under section 81 of the Act, require the person referred to in the request to provide the information as requested by the competent authority within the time specified in the notice.

(6) Any person to whom a notice is issued under subrule (5) who, without any reasonable excuse, fails to comply with such notice commits an offence under section 120 of the Act.

Request for information from a bank

4. (1) The requirement under this rule shall be subject to the following provisions:

(a) paragraph 99(1)(i) of the Banking and Financial Institutions Act 1989;

(b) subsection 34(3) of the Islamic Banking Act 1983; and

(c) paragraph 120(k) of the Development Financial Institutions Act 2002.

(2) Where a competent authority fails to obtain any information of any person under rule 3, the competent authority may make a request for the information from the bank which has the information of such person through the Director General.

(3) Where the competent authority makes a request under subrule (2), the competent authority shall in addition to the particulars referred to in subrule 3(3), state other particulars which include the bank account number, type of bank account, and the name and address of the bank in which the account of the person whose information is required, is maintained.

(4) Upon receipt of the request under subrule (2), the Director General may by notice under section 81 of the Act require a bank which has the information of such person to provide the information as requested by the competent authority.

(5) Any bank which has the information of a person to whom the double taxation arrangement entered into by the government of such competent authority with the Government of Malaysia relates, and to which a notice issued under subrule (4), which, without any reasonable excuse, fails to comply with such notice commits an offence under section 120 of the Act.

Made 25 August 2009

[Perb.0.6869/47 Jld. 8(Sk. 3); LHDN.01/12.5/(S)/42/51/231; PN(PU2)80/LVII]

DATO’ SERI HAJI AHMAD HUSNI BIN MOHD HANADZLAH
Second Minister of Finance

[To be laid before the Dewan Rakyat pursuant to subsection 154(2) of the Income Tax Act 1967]