Real Property Gains Tax (Exemption) Order 2009

Real Property Gains Tax (Exemption) Order 2009

In exercise of the powers conferred by subsection 9(3) of the Real Property Gains Tax Act 1976 [Act 169], the Minister makes the following order:

Citation and commencement

1. (1) This order may be cited as Real Property Gains Tax (Exemption) Order 2009.

(2) This Order comes into operation on 1 January 2010.

Exemption

2. (1) The Minister exempts any person from the application of Schedule 5 of the Act on the payment of tax on the chargeable gain in respect of any disposal of asset on or after 1 January 2010 subject to the condition that the amount of chargeable gain shall be determined in accordance with the following formula:

A/B x C

where

A is the amount of tax charged on the chargeable gain on the person at the appropriate tax rate reduced by the amount of tax charged on such chargeable gain at the rate of five per cent
B is the amount of tax charged on such chargeable gain at the appropriate tax rate
C is the amount of such chargeable gain

(2) Nothing in subparagraph (1) shall absolve or is deemed to have absolved the person from complying with any requirement to submit any return or to furnish other information under any provision of the Act.

Revocation

3. The Real Property Gains Tax (Exemption) (No. 2) Order 2007 [P.U. (A) 146/2007] published on 1 April 2007 is revoked .


Made 26 October 2009
[Perb. CR (8.09)294/6/4-9(SJ. 9) (2010); LHDN.01/35/(S)/42/51/231-17.11; PN(PU2)325/III]

Dato’ Seri Haji Ahmad Husni bin Mohamad Hanadzlah
Second Minister of Finance

[To be laid before the Dewan Rakyat pursuant to subsection 9(4) of the Real Property Gains Tax Act 1976]

Income Tax (Deduction on Expenditure for Establishment of an Islamic Stock Broking Business)(Amendment) Rules 2009

Income Tax (Deduction on Expenditure for Establishment of an Islamic Stock Broking Business)(Amendment) Rules 2009

In exercise of the powers conferred by paragraph 154(1)(b) of the Income Tax 1967 [Act 53], the Minister makes the following rules:

Citation and commencement

1. (1) These rules may be cited as the Income Tax (Deduction on Expenditure for Establishment of an Islamic Stock Broking Business) (Amendment) Rules 2009.

(2) These Rules come into operation on 1 January 2010.

Amendment of rule 4

2. Subrule 4(1) of the Income Tax (Deduction on Expenditure for Establishment of an Islamic Stock Broking Business) Rules 2007 [P.U. (A) 65/2007] is amended by substituting for the words “31 December 2009” the words “31 December 2015”.

Made 26 October 2009

[Perb.CR(8.09)294/6/4-9(SJ. 9) (2010); LH DN.01/35/(S)/42/51/231-17.11;
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]

INCOME TAX (EXEMPTION) (NO. 4) ORDER 2009

INCOME TAX (EXEMPTION) (NO. 4) ORDER 2009

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. 4) Order 2009.

(2) This Order is deemed to have come into operation from 1 January 2009.

Exemption

2. (1) The Minister exempts from tax any gains or profit falling under paragraph 4(f) of the Act received by a non-resident from an offshore company.

(2) For the purposes of this paragraph, “offshore company” has the same meaning assigned to it in the Labuan Offshore Business Activity Tax Act 1990 [Act 445].

Non-application

3. The provisions of section 109F of the Act shall not apply to the income exempted under this Order.

Made 20 October 2009

[Perb.(C)0.217(SJ. 18) Vol. 5(SK. 3); LHDN.01/35/(S)/42/51/231-12;
PN(PU2)80/LVII]

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

[To be laid before the Dewan Rakyat pursuant to subsection 127(4) of the
Income Tax Act 1967]