Income Tax (Exemption) (No. 9) 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. 9) Order 2009.
(2) This Order is deemed to have effect for the year of assessment 2003 and subsequent years of assessment subject to subsubsubparagraph 3(2)(a)(ii).
Interpretation
2. In this order “consolidation of management project” means a consolidation of management of smallholding and idle land projects.
Exemption
3. (1) Subject to the qualification under subparagraph (2), the Minister exempts the following persons who are resident in Malaysia and have business sources in Malaysia from the payment of income tax in respect of statutory income derived by such persons from a consolidation of management project:
(a) an individual;
(b) a partnership established under the Partnership Act 1961 [Act 135];
(c) a co-operative society registered under any written law relating to the registration of co-operative societies in Malaysia; and
(d) a company established under the Companies Act 1965 [Act 125].
(2) To qualify for an exemption under this Order—
(a) relating to the consolidation of management project—
(i) the consolidation of management project shall be approved by the Minister charged with the responsibility of approving such project; and
(ii) the application for the approval to carry out the consolidation of management project is made by the person referred to in subparagraph (1) to the Minister referred to in subsubsubparagraph (i) on or after 21 September 2002 but not later than 31 December 2011; and
(b) an application for such exemption shall be made by the person referred to in subparagraph (1) to the Minister.
(3) The exemption granted under this Order shall be for a period of five consecutive years of assessment commencing from the basis period for a year of assessment the consolidation of management project commences.
(4) Nothing in subparagraph (1) shall absolve or be deemed to absolve the qualifying person 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.
Separate account
4. (1) Where a qualifying person carries out a consolidation of management project and any other project or business, each of such project and business shall be treated as a separate and distinct source of project or business of the qualifying person.
(2) The qualifying person shall maintain a separate account for the income derived from the consolidation of management project.
Application of paragraphs 5 and 6 of Schedule 7A of the Act
5. Paragraphs 5 and 6 of Schedule 7A of the Act shall apply, mutatis mutandis, to the amount of income exempted under subparagraph 3(1).
Made 24 November 2009
[Perb. CR(8.09)294/6/4-9(SJ.9)(2010); LHDN.01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
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]
Stamp Duty (Remission) (No. 2) Order 2009
Stamp Duty (Remission) (No. 2) Order 2009
In exercise of the powers conferred by subsection 80(2) of the Stamp Act 1949 [Act 378], the Minister makes the following order:
Citation and commencement
1. (1) This order may be cited as the Stamp Duty (Remission) (No. 2) Order 2009.
(2) This Order shall have effect from 1 January 2010 until 31 December 2015.
Remission
2. Twenty percent of the stamp duty payable and chargeable on the principal or primary instrument of financing made according to the Syariah principles pursuant to subsubparagraph 22(1)(a) or subparagraph 27(a) of the First Schedule of the Act is remitted subject to the condition that the instrument is approved by the Syariah Advisory Council of Bank Negara Malaysia or the Securities Commission, as the case may be.
Made 23 November 2009
[Perb. CR(8.09)294/6/4-9(SJ. 9)(2010); LHDN. 01/35/(S)/42/51/231-17.11;
PN(PU2)159/XXXV]
Dato’ Seri Haji Ahmad Husni bin Mohamad Hanadzlah
Second Minister of Finance
In exercise of the powers conferred by subsection 80(2) of the Stamp Act 1949 [Act 378], the Minister makes the following order:
Citation and commencement
1. (1) This order may be cited as the Stamp Duty (Remission) (No. 2) Order 2009.
(2) This Order shall have effect from 1 January 2010 until 31 December 2015.
Remission
2. Twenty percent of the stamp duty payable and chargeable on the principal or primary instrument of financing made according to the Syariah principles pursuant to subsubparagraph 22(1)(a) or subparagraph 27(a) of the First Schedule of the Act is remitted subject to the condition that the instrument is approved by the Syariah Advisory Council of Bank Negara Malaysia or the Securities Commission, as the case may be.
Made 23 November 2009
[Perb. CR(8.09)294/6/4-9(SJ. 9)(2010); LHDN. 01/35/(S)/42/51/231-17.11;
PN(PU2)159/XXXV]
Dato’ Seri Haji Ahmad Husni bin Mohamad Hanadzlah
Second Minister of Finance
Stamp Duty (Exemption) Order 2009
Stamp Duty (Exemption) Order 2009
In exercise of the powers conferred by subsection 80(1) of the Stamp Act 1949 [Act 378], the Minister makes the following order:
Citation and commencement
1. (1) This order may be cited as the Stamp Duty (Exemption) Order 2009.
(2) This Order is deemed to have come into operation on 24 October 2009.
Exemption
2. (1) Any instrument of transfer on the amount of cost which constitute part of the cost of a property pursuant to the purchase of that property which has been issued with a green building index certificate, by the Board of Architect Malaysia established under section 3 of the Architects Act 1967 [Act 117], is exempted from stamp duty.
(2) The exemption in subparagraph (1) applies to any Sale and Purchase Agreement for the purchase of the property referred to in that subparagraph which is executed between a purchaser and a housing developer or property developer, licensed or registered under a Federal or State law, on or after 24 October 2009 but not later than 31 December 2014 and shall be given to the first owner of that property.
(3) The cost referred to in subparagraph (1) means cost to design and construct the property for the purpose of obtaining a green building index certificate and other costs as certified by the Board of Architect Malaysia.
Made 23 November 2009
[Perb. CR(8.09)294/6/4-9(SJ. 9)(2010); LHDN. 01/32.3/4/68-100-3-2;
PN(PU2)159/XXXV]
Dato’ Seri Haji Ahmad Husni bin Mohamad Hanadzlah
Second Minister of Finance
In exercise of the powers conferred by subsection 80(1) of the Stamp Act 1949 [Act 378], the Minister makes the following order:
Citation and commencement
1. (1) This order may be cited as the Stamp Duty (Exemption) Order 2009.
(2) This Order is deemed to have come into operation on 24 October 2009.
Exemption
2. (1) Any instrument of transfer on the amount of cost which constitute part of the cost of a property pursuant to the purchase of that property which has been issued with a green building index certificate, by the Board of Architect Malaysia established under section 3 of the Architects Act 1967 [Act 117], is exempted from stamp duty.
(2) The exemption in subparagraph (1) applies to any Sale and Purchase Agreement for the purchase of the property referred to in that subparagraph which is executed between a purchaser and a housing developer or property developer, licensed or registered under a Federal or State law, on or after 24 October 2009 but not later than 31 December 2014 and shall be given to the first owner of that property.
(3) The cost referred to in subparagraph (1) means cost to design and construct the property for the purpose of obtaining a green building index certificate and other costs as certified by the Board of Architect Malaysia.
Made 23 November 2009
[Perb. CR(8.09)294/6/4-9(SJ. 9)(2010); LHDN. 01/32.3/4/68-100-3-2;
PN(PU2)159/XXXV]
Dato’ Seri Haji Ahmad Husni bin Mohamad Hanadzlah
Second Minister of Finance
Income Tax (Exemption) (No. 5) Order 2009
Income Tax (Exemption) (No. 5) 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. 5) Order 2009.
(2) This Order is deemed to have come into operation on 24 October 2009 and shall effect subject to paragraph 3.
Application
2. This Order shall apply to a company resident in Malaysia which is—
(a) an insurer licensed under the Insurance Act 1996 [Act 553]; and
(b) a takaful operator registered under the Takaful Act 1984 [Act 312].
Exemption
3. (1) The Minister exempts for five consecutive years of assessment (hereinafter referred to as “exempt period”) the company referred to in paragraph 2 from the payment of income tax in respect of statutory income in relation to sources of income derived from a branch of the company or a company where at least twenty per cent of the issued share capital of such company is directly owned by the company referred to in paragraph (2) (hereinafter referred to as “investee company”)—
(a) which carries or will carry on insurance or takaful business, or any part of such insurance or takaful business; and
(b) which is located outside Malaysia.
(2) To qualify for an exemption under this Order—
(a) an application for such exemption shall be made by the company to the Minister;
(b) the application for approval to carry out insurance or takaful business, or any part of such insurance or takaful business by the branch of the company or investee company is received by the Central Bank of Malaysia on or after 24 October 2009 but not later than 31 December 2015; and
(c) the branch of the company or investee company shall commence insurance or takaful business, or any part such insurance or takaful business within two years from the date of approval issued by the Central Bank of Malaysia.
(3) Commencement of the exempt period referred to in subparagraph (1) shall be determined by the company but later than the third year of assessment the branch of the company or investee company commences insurance or takaful business, or any part such insurance or takaful business.
(4) Nothing in subparagraph (1) shall absolve or be deemed to have absolved the company 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.
Application of paragraphs 5 and 6 Schedule 7A
4. Paragraphs 5 and 6 of Schedule 7A to the Act shall apply, mutatis mutandis, to the amount of income exempted under subparagraph 3(1).
Separate account
5. The company exempted under subparagraph 3(1) shall maintain a separate account for the income exempted under such subparagraph.
Made 23 November 2009
[Perb. CR(8.09)294/6/4-9(SJ. 9)(2010); LHDN. 01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
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]
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. 5) Order 2009.
(2) This Order is deemed to have come into operation on 24 October 2009 and shall effect subject to paragraph 3.
Application
2. This Order shall apply to a company resident in Malaysia which is—
(a) an insurer licensed under the Insurance Act 1996 [Act 553]; and
(b) a takaful operator registered under the Takaful Act 1984 [Act 312].
Exemption
3. (1) The Minister exempts for five consecutive years of assessment (hereinafter referred to as “exempt period”) the company referred to in paragraph 2 from the payment of income tax in respect of statutory income in relation to sources of income derived from a branch of the company or a company where at least twenty per cent of the issued share capital of such company is directly owned by the company referred to in paragraph (2) (hereinafter referred to as “investee company”)—
(a) which carries or will carry on insurance or takaful business, or any part of such insurance or takaful business; and
(b) which is located outside Malaysia.
(2) To qualify for an exemption under this Order—
(a) an application for such exemption shall be made by the company to the Minister;
(b) the application for approval to carry out insurance or takaful business, or any part of such insurance or takaful business by the branch of the company or investee company is received by the Central Bank of Malaysia on or after 24 October 2009 but not later than 31 December 2015; and
(c) the branch of the company or investee company shall commence insurance or takaful business, or any part such insurance or takaful business within two years from the date of approval issued by the Central Bank of Malaysia.
(3) Commencement of the exempt period referred to in subparagraph (1) shall be determined by the company but later than the third year of assessment the branch of the company or investee company commences insurance or takaful business, or any part such insurance or takaful business.
(4) Nothing in subparagraph (1) shall absolve or be deemed to have absolved the company 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.
Application of paragraphs 5 and 6 Schedule 7A
4. Paragraphs 5 and 6 of Schedule 7A to the Act shall apply, mutatis mutandis, to the amount of income exempted under subparagraph 3(1).
Separate account
5. The company exempted under subparagraph 3(1) shall maintain a separate account for the income exempted under such subparagraph.
Made 23 November 2009
[Perb. CR(8.09)294/6/4-9(SJ. 9)(2010); LHDN. 01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
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]
Income Tax (Exemption) (No. 6) Order 2009
Income Tax (Exemption) (No. 6) 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. 6) Order 2009.
(2) This Order shall have effect from the year of assessment 2010 until the year of assessment 2014.
Exemption
2. (1) The Minister exempts a person resident in Malaysia from the payment of income tax in respect of income derived from a healthcare services business given to a foreign client who is a company, a partnership, an organization or a cooperative society which is incorporated or registered outside Malaysia or non Malaysia citizen individual in the basis period for a year of assessment, in an amount and manner prescribed in paragraph 3.
(2) A non-Malaysian citizen individual referred to in subparagraph (1) shall not include the individual who is—
(a) a non-Malaysian citizen that participates in Malaysia My Second Home programme and his dependents;
(b) a non-Malaysian citizen holding a Malaysian student pass and his dependents;
(c) a non-Malaysian citizen holding a Malaysian work permit and his dependents; and
(d) a non-resident Malaysian citizen living abroad and his dependents.
Amount of income to be exempted
3. (1) The amount of income referred to in subparagraph 2(1) shall be equal to one hundred per cent of the value of increased services which is the difference of the value of the healthcare services provided in Malaysia in the basis period and the immediately preceding basis period (hereinafter referred to as “value of increased services”).
(2) Where an amount of income equivalent to one hundred per cent of the value of increased services has been determined for a year of assessment, so much of the statutory income of the business of that person for that year of assessment as is equal to that value of increased services (or to the aggregate amount of any such value of increased services as the case may be) but not exceeding seventy per cent of the statutory income, such amount of income shall be exempted from tax.
(3) The statutory income from the business referred to in subparagraph 2(1) in the basis period for a year of assessment shall be determined after deducting allowances which fall to be made under Schedule 3 of the Act notwithstanding that no claim for such allowances has been made.
(4) Where an asset used for the purpose of healthcare services business referred to in subparagraph 2(1) is also used for the purpose of a business other than that business, the allowances which fall to be made under Schedule 3 of the Act shall be deducted as is reasonable having regard to the extent to which the asset is used for the purpose of the first mentioned business.
(5) Nothing in subparagraph (1) shall absolve or is deemed to have absolved the person from complying with any requirement to submit any return or statement of accounts or to furnish any other information under the provision of the Act.
Insufficiency of income
4. Where, by reason of the restriction of seventy per cent, as prescribed in subparagraph 3(2), of the statutory income or of an insufficiency or absence of statutory income from a business of the person for the basis period for a year of assessment, exemption cannot be given or cannot be given in full to the amount of the determined value of increased services to which the person is entitled under paragraph 2(1) for that year of assessment, then so much of that amount or the aggregate amount as cannot be given for that year shall be given to the person for the first subsequent year of assessment for the basis period for which there is statutory income from that business, and for subsequent years of assessment until the person has received the whole of the amount or the aggregate amount to which the person is so entitled.
Separate account
5. A person who is exempted under paragraph 2(1) shall maintain a separate account for the income derived from the healthcare services business referred to in that paragraph.
Application of paragraphs 5 and 6 of Schedule 7A
6. Paragraphs 5 and 6 of Schedule 7A to the Act shall apply mutatis mutandis to the amount of income exempted under paragraph 2(1).
Non-application
7. This Order shall not apply to a person who in the basis period for a year of assessment—
(a) has been granted any incentives (except for deductions for promotion of exports) under the Promotion of Investments Act 1986 [Act 327];
(b) has been granted investment allowance in respect of an approved service project under Schedule 7b of the Act;
(c) has been granted an exemption under paragraph 127(3)(b) of the Act or subsection 127(3A) of the Act; or
(d) has been granted an exemption under the Income Tax (Exemption) (No. 9) 2002 [P.U. (A) 57/2002].
Made 23 November 2009
[Perb. CR(8.09)294/6/4-9(SJ. 9)(2010); LHDN. 01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
Dato’ Seri Haji Ahmad Husni bin Mohamad Hanadzlah
Second Minister of Finance
[To be laid before the Dewan Rakyat pursuant to subsection 154(2) 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. 6) Order 2009.
(2) This Order shall have effect from the year of assessment 2010 until the year of assessment 2014.
Exemption
2. (1) The Minister exempts a person resident in Malaysia from the payment of income tax in respect of income derived from a healthcare services business given to a foreign client who is a company, a partnership, an organization or a cooperative society which is incorporated or registered outside Malaysia or non Malaysia citizen individual in the basis period for a year of assessment, in an amount and manner prescribed in paragraph 3.
(2) A non-Malaysian citizen individual referred to in subparagraph (1) shall not include the individual who is—
(a) a non-Malaysian citizen that participates in Malaysia My Second Home programme and his dependents;
(b) a non-Malaysian citizen holding a Malaysian student pass and his dependents;
(c) a non-Malaysian citizen holding a Malaysian work permit and his dependents; and
(d) a non-resident Malaysian citizen living abroad and his dependents.
Amount of income to be exempted
3. (1) The amount of income referred to in subparagraph 2(1) shall be equal to one hundred per cent of the value of increased services which is the difference of the value of the healthcare services provided in Malaysia in the basis period and the immediately preceding basis period (hereinafter referred to as “value of increased services”).
(2) Where an amount of income equivalent to one hundred per cent of the value of increased services has been determined for a year of assessment, so much of the statutory income of the business of that person for that year of assessment as is equal to that value of increased services (or to the aggregate amount of any such value of increased services as the case may be) but not exceeding seventy per cent of the statutory income, such amount of income shall be exempted from tax.
(3) The statutory income from the business referred to in subparagraph 2(1) in the basis period for a year of assessment shall be determined after deducting allowances which fall to be made under Schedule 3 of the Act notwithstanding that no claim for such allowances has been made.
(4) Where an asset used for the purpose of healthcare services business referred to in subparagraph 2(1) is also used for the purpose of a business other than that business, the allowances which fall to be made under Schedule 3 of the Act shall be deducted as is reasonable having regard to the extent to which the asset is used for the purpose of the first mentioned business.
(5) Nothing in subparagraph (1) shall absolve or is deemed to have absolved the person from complying with any requirement to submit any return or statement of accounts or to furnish any other information under the provision of the Act.
Insufficiency of income
4. Where, by reason of the restriction of seventy per cent, as prescribed in subparagraph 3(2), of the statutory income or of an insufficiency or absence of statutory income from a business of the person for the basis period for a year of assessment, exemption cannot be given or cannot be given in full to the amount of the determined value of increased services to which the person is entitled under paragraph 2(1) for that year of assessment, then so much of that amount or the aggregate amount as cannot be given for that year shall be given to the person for the first subsequent year of assessment for the basis period for which there is statutory income from that business, and for subsequent years of assessment until the person has received the whole of the amount or the aggregate amount to which the person is so entitled.
Separate account
5. A person who is exempted under paragraph 2(1) shall maintain a separate account for the income derived from the healthcare services business referred to in that paragraph.
Application of paragraphs 5 and 6 of Schedule 7A
6. Paragraphs 5 and 6 of Schedule 7A to the Act shall apply mutatis mutandis to the amount of income exempted under paragraph 2(1).
Non-application
7. This Order shall not apply to a person who in the basis period for a year of assessment—
(a) has been granted any incentives (except for deductions for promotion of exports) under the Promotion of Investments Act 1986 [Act 327];
(b) has been granted investment allowance in respect of an approved service project under Schedule 7b of the Act;
(c) has been granted an exemption under paragraph 127(3)(b) of the Act or subsection 127(3A) of the Act; or
(d) has been granted an exemption under the Income Tax (Exemption) (No. 9) 2002 [P.U. (A) 57/2002].
Made 23 November 2009
[Perb. CR(8.09)294/6/4-9(SJ. 9)(2010); LHDN. 01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
Dato’ Seri Haji Ahmad Husni bin Mohamad 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. 7) Order 2009
Income Tax (Exemption) (No. 7) 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. 7) Order 2009.
(2) This Order is deemed to have come into operation on 24 October 2009 and shall have effect subject to paragraph 3.
Interpretation
2. In this Order—
“company” means—
(a) a bank licensed under the Banking and Financial Institutions Act 1989 [Act 372]; or
(b) a bank licensed under the Islamic Banking Act 1983 [Act 276]; “investee company” means a company where at least twenty percent of its issued share capital is directly owned by a company referred to in subparagraph 3(1).
Exemption
3. (1) The Minister exempts for five consecutive years of assessment (hereinafter referred to as “exempt period”) a company resident in Malaysia from the payment of income tax in respect of statutory income in relation to sources of income derived from its branch or investee company—
(a) which carries or will carry on banking, Islamic banking or any part of banking or Islamic banking; and
(b) which is located outside Malaysia.
(2) To qualify for an exemption under this Order—
(a) an application for such exemption shall be made by the company;
(b) the application under subsubparagraph (a) is received by the Central Bank on or after 24 October 2009 but not later than 31 December 2015; and
(c) the branch or investee company referred to in subparagraph 3(1) shall commence the banking, Islamic banking or any part of the banking or Islamic banking business within two years from the date of approval issued by the Central Bank.
(3) The commencement of the exempt period referred to in subparagraph 3(1) shall be determined by the company but shall not be later than the third year of assessment the branch or investee company commences the banking, Islamic banking or any part of the banking or Islamic banking business.
(4) Nothing in subparagraph 3(1) shall absolve or be deemed to have absolved the company 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.
Application of paragraphs 5 and 6 Schedule 7A
4. Paragraphs 5 and 6 of Schedule 7A to the Act shall apply, mutatis mutandis, to the amount of income exempted under subparagraph 3(1).
Separate account
5. The branch or investee company shall maintain a separate account for the income exempted from tax under subparagraph 3(1).
Exemption
6. (1) Where a company has been granted an exemption under the Income Tax (Exemption) (No. 16) Order 2007 [P.U. (A) 278/2007], such exemption shall continue to remain in full force and effect and that Order shall be deemed to continue to apply for the remaining years of assessment of the exempt period of that company.
(2) In relation to a company which has been granted approval by the Central Bank on or before 23 October 2009 to carry on banking, Islamic banking or any part of banking or Islamic banking business under the provisions of the Order referred to in subparagraph 6(1) but has not commenced the business, the exempt period of the company shall commence in accordance with the provisions of this Order.
Made 23 November 2009
[Perb. CR(8.09)294/6/4-9(SJ. 9)(2010); LHDN. 01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
Dato’ Seri Haji Ahmad Husni bin Mohamad Hanadzlah
Second Minister of Finance
[To be laid before the Dewan Rakyat pursuant to subsection 154(2) 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. 7) Order 2009.
(2) This Order is deemed to have come into operation on 24 October 2009 and shall have effect subject to paragraph 3.
Interpretation
2. In this Order—
“company” means—
(a) a bank licensed under the Banking and Financial Institutions Act 1989 [Act 372]; or
(b) a bank licensed under the Islamic Banking Act 1983 [Act 276]; “investee company” means a company where at least twenty percent of its issued share capital is directly owned by a company referred to in subparagraph 3(1).
Exemption
3. (1) The Minister exempts for five consecutive years of assessment (hereinafter referred to as “exempt period”) a company resident in Malaysia from the payment of income tax in respect of statutory income in relation to sources of income derived from its branch or investee company—
(a) which carries or will carry on banking, Islamic banking or any part of banking or Islamic banking; and
(b) which is located outside Malaysia.
(2) To qualify for an exemption under this Order—
(a) an application for such exemption shall be made by the company;
(b) the application under subsubparagraph (a) is received by the Central Bank on or after 24 October 2009 but not later than 31 December 2015; and
(c) the branch or investee company referred to in subparagraph 3(1) shall commence the banking, Islamic banking or any part of the banking or Islamic banking business within two years from the date of approval issued by the Central Bank.
(3) The commencement of the exempt period referred to in subparagraph 3(1) shall be determined by the company but shall not be later than the third year of assessment the branch or investee company commences the banking, Islamic banking or any part of the banking or Islamic banking business.
(4) Nothing in subparagraph 3(1) shall absolve or be deemed to have absolved the company 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.
Application of paragraphs 5 and 6 Schedule 7A
4. Paragraphs 5 and 6 of Schedule 7A to the Act shall apply, mutatis mutandis, to the amount of income exempted under subparagraph 3(1).
Separate account
5. The branch or investee company shall maintain a separate account for the income exempted from tax under subparagraph 3(1).
Exemption
6. (1) Where a company has been granted an exemption under the Income Tax (Exemption) (No. 16) Order 2007 [P.U. (A) 278/2007], such exemption shall continue to remain in full force and effect and that Order shall be deemed to continue to apply for the remaining years of assessment of the exempt period of that company.
(2) In relation to a company which has been granted approval by the Central Bank on or before 23 October 2009 to carry on banking, Islamic banking or any part of banking or Islamic banking business under the provisions of the Order referred to in subparagraph 6(1) but has not commenced the business, the exempt period of the company shall commence in accordance with the provisions of this Order.
Made 23 November 2009
[Perb. CR(8.09)294/6/4-9(SJ. 9)(2010); LHDN. 01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
Dato’ Seri Haji Ahmad Husni bin Mohamad 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. 8) Order 2009
Income Tax (Exemption) (No. 8) 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. 8) Order 2009.
(2) This Order shall have effect from the year of assessment 2009 and subsequent years of assessment subject to paragraph 3 and subsubparagraph 5(3)(b).
Interpretation
2. In this Order—
“Board of Architects Malaysia” means a board which is established under section 3 of the Architects Act 1967 [Act 117];
“person” means a person resident in Malaysia and with respect to a company, refers to a company incorporated under the Companies Act 1965 [Act 125];
“qualifying expenditure” means an additional expenditure incurred in relation to construction of a building, alteration, renovation, extension or improvement of an existing building.
Application
3. This Order shall apply to a person who has obtained a green building index certificate issued by the Board of Architects Malaysia from 24 October 2009 until 31 December 2014.
Non-application
4. This Order shall not apply to a person who has been granted with investment tax allowance or pioneer status under the Promotion of Investments Act 1986 [Act 327] in respect of qualifying expenditure incurred on activity for generation of renewable energy or for conservation of energy.
Exemption
5. (1) The Minister exempts a person in the basis period for a year of assessment from the payment of income tax in respect of the statutory income which is equal to the amount of qualifying expenditure incurred by that person for the purpose of obtaining a green building index certificate issued by the Board of Architects Malaysia.
(2) The qualifying expenditure incurred by the person referred to in subparagraph (1), prior to the issuance of a green building index certificate—
(a) shall be deemed to have been incurred on the day the green building index certificate is issued; and
(b) may be claimed in the basis period for a year of assessment when the person commences to carry on with his business at the building which is issued with that green building index certificate.
(3) Where by reason of an absence or insufficiency of statutory income of a person from his business for the basis period for a year of assessment—
(a) an exemption shall not be given or shall not be given in full to the amount to which the person is entitled under subparagraph (1) for that year of assessment; and
(b) the amount, which shall not be given exemption or shall not be given exemption in full as referred to in subsubparagraph (a) for that year of assessment, shall be exempted for the first subsequent year of assessment for the basis period for which there is statutory income from that business, and for subsequent years of assessment until the whole of the amount to which the person is so entitled is exempted.
(4) Nothing in subparagraph (1) shall absolve or be deemed to have absolved the person from complying with any requirement to submit any return or statement of accounts or to furnish any other information under the provision of the Act.
Qualifying expenditure under a hire-purchase agreement
6. (1) Where the person referred to in subparagraph 5(1) becomes a party of a hire-purchase agreement to purchase an asset for the purpose of his business which is being conducted at a building which is issued to it with the green building index certificate and incurs a qualifying expenditure, the person shall be entitled for an exemption in accordance with subparagraph 5(1).
(2) The amount of an exemption to be given in respect of the qualifying expenditure incurred by the person for the basis period for a year of assessment shall be—
(a) the capital portion of any instalment payment made by the person under a hire-purchase agreement; or
(b) where there is more than one payment, the aggregate of those payments, made by the person under a hire-purchase agreement.
(3) For the purpose of this Order, the person shall be deemed to be the owner of the asset purchased under a hire-purchase agreement.
Capital allowance and industrial building allowance
7. For the purpose of this Order, a person who incurs a qualifying expenditure referred to in subparagraph 5(1) shall only be entitled to make a claim for a capital allowance and industrial building allowance under Schedule 3 of the Act if the qualifying expenditure is a qualifying capital expenditure under that Schedule.
Certification by the Board of Architects Malaysia
8. The Board of Architects Malaysia may certify any other expenditure incurred, for the purpose referred to in subparagraph 5(1), to be the qualifying expenditure.
Application of paragraphs 5 and 6 of Schedule 7A
9. Paragraphs 5 and 6 of Schedule 7A of the Act shall apply, mutatis mutandis, to the amount of statutory income exempted from income tax which is derived from the activity referred to in subparagraph 5(1).
Made 23 November 2009
[Perb. CR(8.09)294/6/4-9(SJ.9)(2010); LHDN.01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
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]
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. 8) Order 2009.
(2) This Order shall have effect from the year of assessment 2009 and subsequent years of assessment subject to paragraph 3 and subsubparagraph 5(3)(b).
Interpretation
2. In this Order—
“Board of Architects Malaysia” means a board which is established under section 3 of the Architects Act 1967 [Act 117];
“person” means a person resident in Malaysia and with respect to a company, refers to a company incorporated under the Companies Act 1965 [Act 125];
“qualifying expenditure” means an additional expenditure incurred in relation to construction of a building, alteration, renovation, extension or improvement of an existing building.
Application
3. This Order shall apply to a person who has obtained a green building index certificate issued by the Board of Architects Malaysia from 24 October 2009 until 31 December 2014.
Non-application
4. This Order shall not apply to a person who has been granted with investment tax allowance or pioneer status under the Promotion of Investments Act 1986 [Act 327] in respect of qualifying expenditure incurred on activity for generation of renewable energy or for conservation of energy.
Exemption
5. (1) The Minister exempts a person in the basis period for a year of assessment from the payment of income tax in respect of the statutory income which is equal to the amount of qualifying expenditure incurred by that person for the purpose of obtaining a green building index certificate issued by the Board of Architects Malaysia.
(2) The qualifying expenditure incurred by the person referred to in subparagraph (1), prior to the issuance of a green building index certificate—
(a) shall be deemed to have been incurred on the day the green building index certificate is issued; and
(b) may be claimed in the basis period for a year of assessment when the person commences to carry on with his business at the building which is issued with that green building index certificate.
(3) Where by reason of an absence or insufficiency of statutory income of a person from his business for the basis period for a year of assessment—
(a) an exemption shall not be given or shall not be given in full to the amount to which the person is entitled under subparagraph (1) for that year of assessment; and
(b) the amount, which shall not be given exemption or shall not be given exemption in full as referred to in subsubparagraph (a) for that year of assessment, shall be exempted for the first subsequent year of assessment for the basis period for which there is statutory income from that business, and for subsequent years of assessment until the whole of the amount to which the person is so entitled is exempted.
(4) Nothing in subparagraph (1) shall absolve or be deemed to have absolved the person from complying with any requirement to submit any return or statement of accounts or to furnish any other information under the provision of the Act.
Qualifying expenditure under a hire-purchase agreement
6. (1) Where the person referred to in subparagraph 5(1) becomes a party of a hire-purchase agreement to purchase an asset for the purpose of his business which is being conducted at a building which is issued to it with the green building index certificate and incurs a qualifying expenditure, the person shall be entitled for an exemption in accordance with subparagraph 5(1).
(2) The amount of an exemption to be given in respect of the qualifying expenditure incurred by the person for the basis period for a year of assessment shall be—
(a) the capital portion of any instalment payment made by the person under a hire-purchase agreement; or
(b) where there is more than one payment, the aggregate of those payments, made by the person under a hire-purchase agreement.
(3) For the purpose of this Order, the person shall be deemed to be the owner of the asset purchased under a hire-purchase agreement.
Capital allowance and industrial building allowance
7. For the purpose of this Order, a person who incurs a qualifying expenditure referred to in subparagraph 5(1) shall only be entitled to make a claim for a capital allowance and industrial building allowance under Schedule 3 of the Act if the qualifying expenditure is a qualifying capital expenditure under that Schedule.
Certification by the Board of Architects Malaysia
8. The Board of Architects Malaysia may certify any other expenditure incurred, for the purpose referred to in subparagraph 5(1), to be the qualifying expenditure.
Application of paragraphs 5 and 6 of Schedule 7A
9. Paragraphs 5 and 6 of Schedule 7A of the Act shall apply, mutatis mutandis, to the amount of statutory income exempted from income tax which is derived from the activity referred to in subparagraph 5(1).
Made 23 November 2009
[Perb. CR(8.09)294/6/4-9(SJ.9)(2010); LHDN.01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
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]
Income Tax (Deduction for Promotion of Malaysia International
Income Tax (Deduction for Promotion of Malaysia International
Islamic Financial Centre) Rules 2009
In exercise of the powers conferred by paragraph 154(1)(b) 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 (Deduction for Promotion of Malaysia International Islamic Financial Centre) Rules 2009.
(2) These Rules shall have effect from year of assessment of 2011 until year of assessment 2015.
Deduction
2. (1) Subject to these Rules, for the purpose of ascertaining an adjusted income of a person as defined in paragraph 7(c) resident in Malaysia from its business for a basis period for a year of assessment, a deduction shall be allowed for any outgoings and expenses as described in subrule (2) which were incurred by that person in the basis period relating to his or it business for promoting Malaysia as an international Islamic financial centre.
(2) The outgoings and expenses referred to in subrule (1) are—
(a) expenses incurred in respect of market research and feasibility study;
(b) the cost of preparing technical information to a person outside Malaysia relating to the type of services offered but excluding expenses for giving technical information to that person after purchase;
(c) expenses directly incurred for participating in an event, as defined in paragraph 7(b), other than expenses specified in paragraph (d);
(d) expenses by way of fares in respect of travel to a country outside Malaysia by a representative of a person for the purpose of any event and the actual expenses are subject to—
(i) a maximum of three hundred ringgit per day for accommodation; and
(ii) a maximum of one hundred and fifty ringgit per day for sustenance, for the whole period commencing from the representative’s departure from Malaysia and ending with his return to Malaysia for participating in the event;
(e) expenses incurred for the cost of maintaining sales office overseas provided that the sales office has been approved by the Malaysia International Islamic Financial Centre Secretariat;
(f) expenses verified by the Malaysia International Islamic Financial Centre Secretariat which is incurred for participating in an event other than those specified in paragraphs (c) and (d); and
(g) expenses incurred in respect of publicity and advertisement in any media outside Malaysia.
(3) The deduction allowed under these Rules shall be in addition to any deduction under section 33 of the Act.
(4) No deduction shall be allowed under these Rules in respect of any outgoings and expenses—
(a) which are specified in subsection 39(1) of the Act; and
(b) which are incurred by a person which has a place of business and subject to tax in the country where such outgoings or expenses were incurred.
(5) Where the total amount of any outgoings and expenses which would have been allowed as a deduction under these Rules exceeds the amount which in the opinion of the Director General of Inland Revenue would reasonably be expected to be incurred in the ordinary course of business, the Director General of Inland Revenue may disallow that amount, to the extent of that excess, as a deduction under these Rules.
(6) For the purpose of subrule (1), where two basis periods overlap, the period common to both periods shall be deemed to fall in the first basis period only.
(7) In this rule—
(a) “event” means an event for promoting Malaysia as an international Islamic financial centre which is organized in the following forms:
(i) a Global Islamic Finance Forum organized by or on behalf of Malaysia International Islamic Financial Centre Secretariat; and
(ii) any exhibition, conference, promotional fair, seminar, summit, road show or meeting or any participation in relation to the Global Islamic Finance Forum which will be held inside or outside Malaysia as approved by the Malaysia International Islamic Financial Centre Secretariat;
(b) “Malaysia International Islamic Financial Centre Secretariat” means a secretariat established by the Central Bank of Malaysia pursuant to the Malaysia International Islamic Financial Centre initiatives; and
(c) “person” means—
(i) a person approved by the Malaysia International Islamic Financial Centre Secretariat who establishes, manages and owns a private higher educational institution registered with the Ministry of Higher Education that provides professional courses in Islamic finance;
(ii) a person licensed, registered or approved by the Securities Commission under the Capital Markets and Services Act 2007 [Act 671];
(iii) a person licensed under the Islamic Banking Act 1983 [Act 276];
(iv) a person licensed under the Banking and Financial Institutions Act 1989 [Act 372];
(v) a person registered under the Takaful Act 1984 [Act 312];
(vi) Bursa Malaysia Berhad and its related companies; or
(vii) such other persons as the Malaysia International Islamic Financial Secretariat may approve.
Made 23 November 2009
[Per.CR(8.09)294/6/4-9(SJ.9)(2010); LHDN.01/35/(S)/42/51/231-7.11;
PN(PU2)80/LVIII]
Dato’ Seri Haji Ahmad Husni bin Mohamad Hanadzlah
Second Minister of Finance
[To be laid before Dewan Rakyat pursuant to subsection 154(2) of the
Income Tax Act 1967]
Islamic Financial Centre) Rules 2009
In exercise of the powers conferred by paragraph 154(1)(b) 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 (Deduction for Promotion of Malaysia International Islamic Financial Centre) Rules 2009.
(2) These Rules shall have effect from year of assessment of 2011 until year of assessment 2015.
Deduction
2. (1) Subject to these Rules, for the purpose of ascertaining an adjusted income of a person as defined in paragraph 7(c) resident in Malaysia from its business for a basis period for a year of assessment, a deduction shall be allowed for any outgoings and expenses as described in subrule (2) which were incurred by that person in the basis period relating to his or it business for promoting Malaysia as an international Islamic financial centre.
(2) The outgoings and expenses referred to in subrule (1) are—
(a) expenses incurred in respect of market research and feasibility study;
(b) the cost of preparing technical information to a person outside Malaysia relating to the type of services offered but excluding expenses for giving technical information to that person after purchase;
(c) expenses directly incurred for participating in an event, as defined in paragraph 7(b), other than expenses specified in paragraph (d);
(d) expenses by way of fares in respect of travel to a country outside Malaysia by a representative of a person for the purpose of any event and the actual expenses are subject to—
(i) a maximum of three hundred ringgit per day for accommodation; and
(ii) a maximum of one hundred and fifty ringgit per day for sustenance, for the whole period commencing from the representative’s departure from Malaysia and ending with his return to Malaysia for participating in the event;
(e) expenses incurred for the cost of maintaining sales office overseas provided that the sales office has been approved by the Malaysia International Islamic Financial Centre Secretariat;
(f) expenses verified by the Malaysia International Islamic Financial Centre Secretariat which is incurred for participating in an event other than those specified in paragraphs (c) and (d); and
(g) expenses incurred in respect of publicity and advertisement in any media outside Malaysia.
(3) The deduction allowed under these Rules shall be in addition to any deduction under section 33 of the Act.
(4) No deduction shall be allowed under these Rules in respect of any outgoings and expenses—
(a) which are specified in subsection 39(1) of the Act; and
(b) which are incurred by a person which has a place of business and subject to tax in the country where such outgoings or expenses were incurred.
(5) Where the total amount of any outgoings and expenses which would have been allowed as a deduction under these Rules exceeds the amount which in the opinion of the Director General of Inland Revenue would reasonably be expected to be incurred in the ordinary course of business, the Director General of Inland Revenue may disallow that amount, to the extent of that excess, as a deduction under these Rules.
(6) For the purpose of subrule (1), where two basis periods overlap, the period common to both periods shall be deemed to fall in the first basis period only.
(7) In this rule—
(a) “event” means an event for promoting Malaysia as an international Islamic financial centre which is organized in the following forms:
(i) a Global Islamic Finance Forum organized by or on behalf of Malaysia International Islamic Financial Centre Secretariat; and
(ii) any exhibition, conference, promotional fair, seminar, summit, road show or meeting or any participation in relation to the Global Islamic Finance Forum which will be held inside or outside Malaysia as approved by the Malaysia International Islamic Financial Centre Secretariat;
(b) “Malaysia International Islamic Financial Centre Secretariat” means a secretariat established by the Central Bank of Malaysia pursuant to the Malaysia International Islamic Financial Centre initiatives; and
(c) “person” means—
(i) a person approved by the Malaysia International Islamic Financial Centre Secretariat who establishes, manages and owns a private higher educational institution registered with the Ministry of Higher Education that provides professional courses in Islamic finance;
(ii) a person licensed, registered or approved by the Securities Commission under the Capital Markets and Services Act 2007 [Act 671];
(iii) a person licensed under the Islamic Banking Act 1983 [Act 276];
(iv) a person licensed under the Banking and Financial Institutions Act 1989 [Act 372];
(v) a person registered under the Takaful Act 1984 [Act 312];
(vi) Bursa Malaysia Berhad and its related companies; or
(vii) such other persons as the Malaysia International Islamic Financial Secretariat may approve.
Made 23 November 2009
[Per.CR(8.09)294/6/4-9(SJ.9)(2010); LHDN.01/35/(S)/42/51/231-7.11;
PN(PU2)80/LVIII]
Dato’ Seri Haji Ahmad Husni bin Mohamad Hanadzlah
Second Minister of Finance
[To be laid before Dewan Rakyat pursuant to subsection 154(2) of the
Income Tax Act 1967]
Income Tax (Deduction for Investment in an Approved Consolidation of
Income Tax (Deduction for Investment in an Approved Consolidation of
Management of Smallholding and Idle Land Project) Rules 2009
In exercise of the powers conferred by paragraph 154(1)(b) of the Income Tax Act 1967 [Act 53], the Minister makes the following order:
Citation and commencement
1. (1) These rules may be cited as the Income Tax (Deduction for Investment in an Approved Consolidation of Management of Smallholding and Idle Land Project) Rules 2009.
(2) These Rules are deemed to have effect for the year of assessment 2002 and subsequent years of assessment subject to subsubparagraph 2(2)(b).
Deduction
2. (1) In ascertaining the adjusted income of a resident who is—
(a) an individual;
(b) a partnership established under the Partnership Act 1961 [Act 135];
(c) a co-operative society registered under any written law relating to the registration of co-operative societies in Malaysia; or
(d) a company established under the Companies Act 1965 [Act 125], and has a business source in Malaysia (hereinafter referred to as “resident”) investing in an approved consolidation of management of smallholding and idle land project (hereinafter referred to as the “approved consolidation project”) in the basis period for a year of assessment, there shall be allowed a deduction equivalent to the consolidation project, undertaken by other resident in the basis period for that year of assessment.
(2) To qualify for a deduction under this Rules—
(a) an application for such exemption shall be made by the resident who makes the investment to the Minister; and
(b) the application for approval to carry out the approved consolidation project is made by the resident will carry out such project the Minister responsible for such project on or after 21 October 2002 but not later than 31 December 2011.
(3) For the purpose of this rules, “investment” means an investment in the form of cash or holding of shares solely for the purpose of the approved consolidation project.
(4) Nothing in subparagraph (1) shall absolve or be deemed to absolve the resident who makes the investment from complying with any requirement to submit any return or statement of accounts or to furnish any other information under the provision of the Act.
Made 23 November 2009
[Perb. CR(8.09) 294/6/4-9(SJ.9)(2010); LHDN.01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
Dato’ Seri Haji Ahmad Husni bin Mohamad Hanadzlah
Second Minister of Finance
[To be laid before the Dewan Rakyat pursuant to subsection 154(2) of the
Income Tax Act 1967]
Management of Smallholding and Idle Land Project) Rules 2009
In exercise of the powers conferred by paragraph 154(1)(b) of the Income Tax Act 1967 [Act 53], the Minister makes the following order:
Citation and commencement
1. (1) These rules may be cited as the Income Tax (Deduction for Investment in an Approved Consolidation of Management of Smallholding and Idle Land Project) Rules 2009.
(2) These Rules are deemed to have effect for the year of assessment 2002 and subsequent years of assessment subject to subsubparagraph 2(2)(b).
Deduction
2. (1) In ascertaining the adjusted income of a resident who is—
(a) an individual;
(b) a partnership established under the Partnership Act 1961 [Act 135];
(c) a co-operative society registered under any written law relating to the registration of co-operative societies in Malaysia; or
(d) a company established under the Companies Act 1965 [Act 125], and has a business source in Malaysia (hereinafter referred to as “resident”) investing in an approved consolidation of management of smallholding and idle land project (hereinafter referred to as the “approved consolidation project”) in the basis period for a year of assessment, there shall be allowed a deduction equivalent to the consolidation project, undertaken by other resident in the basis period for that year of assessment.
(2) To qualify for a deduction under this Rules—
(a) an application for such exemption shall be made by the resident who makes the investment to the Minister; and
(b) the application for approval to carry out the approved consolidation project is made by the resident will carry out such project the Minister responsible for such project on or after 21 October 2002 but not later than 31 December 2011.
(3) For the purpose of this rules, “investment” means an investment in the form of cash or holding of shares solely for the purpose of the approved consolidation project.
(4) Nothing in subparagraph (1) shall absolve or be deemed to absolve the resident who makes the investment from complying with any requirement to submit any return or statement of accounts or to furnish any other information under the provision of the Act.
Made 23 November 2009
[Perb. CR(8.09) 294/6/4-9(SJ.9)(2010); LHDN.01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
Dato’ Seri Haji Ahmad Husni bin Mohamad 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 (Deduction for Expenditure on Registration of Patent and
In exercise of the powers conferred by paragraph 154(1)(b) 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 (Deduction for Expenditure on Registration of Patent and Trade Mark) Rules 2009.
(2) These Rules shall have effect from the year of assessment 2010 until the year of assessment 2014.
Interpretation
2. In these Rules—
“trade mark” has the same meaning assigned to it under the Trade Marks Act 1976 [Act 175];
“patent” means an exclusive right granted for an invention under the Patents Act 1983 [Act 291];
“company” has the same meaning assigned to it under the Companies Act 1965 [Act 125];
“related company”, in relation to a company, means a company—
(a) the operations of which are or can be controlled, either directly or indirectly, by the first-mentioned company;
(b) which controls or can control, either directly or indirectly, the operations of the first-mentioned company; or
(c) the operations of which are or can be controlled, either directly or indirectly, by a person who control or can control, either directly or indirectly, the operations of the first-mentioned company.
Deduction
3. (1) For the purpose of ascertaining the adjusted income of a qualifying person as specified in subrule (4) from his business for the basis period for a year of assessment, there shall be allowed a deduction of an amount equal to the qualifying expenditure incurred by the qualifying person on the registration of trade mark or patent in Malaysia, as the case may be.
(2) The qualifying expenditure incurred by a qualifying person referred to in subrule (1) shall be deemed to have been incurred in the basis period for a year of assessment in which the qualifying person obtained the certificate of registration of a trade mark or the certificate of grant of a patent, as the case may be.
(3) The qualifying expenditure referred to in these Rules shall be the following:
(a) in respect of a trade mark under the Trade Mark Act 1976—
(i) an application for registration of a mark;
(ii) a certificate of registration of a trade mark; and
(iii) fee for service of an agent registered and authorized to undertake trade mark registration; and
(b) in respect of a patent under the Patents Act 1983—
(i) an application for grand of a patent;
(ii) a request for substantive examination or modified substantive examination;
(iii) a certificate of grant of a patent; and
(iv) fee for service of an agent registered and authorized to undertake patent registration.
(4) A qualifying person under these Rules shall be as follows:
(a) a company which has a paid-up capital in respect of ordinary share of two million and five hundred thousand ringgit and less at the beginning of the basic period for a year of assessment but shall not include—
(i) a company where fifty per cent of its paid up capital in respect of ordinary share of the company is directly or indirectly owned by a related company;
(ii) a company where fifty per cent of the paid-up capital in respect of ordinary shares of a related company is directly or indirectly owned by the first mentioned company; and
(iii) a company where fifty per cent of the paid-up capital in respect of ordinary shares of the company and a related company is directly or indirectly owned by another company;
(b) an enterprise in the manufacturing industry, manufacturing related services industry and agro-based industry, resident in Malaysia, which at the end of the basis period for a year of assessment—
(i) has not more than one hundred and fifty full-time employees; or
(ii) has achieved annual sales of not more than twenty-five million ringgit; and
(c) an enterprise in the services industries, primary agriculture, information and communication technology industry, resident in Malaysia, which at the end of the basis period for a year of assessment—
(i) has not more than fifty full-time employees; or
(ii) has achieved annual sales of not more than five million ringgit.
Made 23 November 2009
[Perb. CR(8.09) 294/6/4-9(SJ.9)(2010); LHDN.01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
D ato’ Seri Haji Ahmad Husni bin Mohamad Hanadzlah
Second Minister of Finance
[To be laid before the Dewan Rakyat pursuant to subsection 154(2) of the
Income Tax Act 1967]
Citation and commencement
1. (1) These rules may be cited as the Income Tax (Deduction for Expenditure on Registration of Patent and Trade Mark) Rules 2009.
(2) These Rules shall have effect from the year of assessment 2010 until the year of assessment 2014.
Interpretation
2. In these Rules—
“trade mark” has the same meaning assigned to it under the Trade Marks Act 1976 [Act 175];
“patent” means an exclusive right granted for an invention under the Patents Act 1983 [Act 291];
“company” has the same meaning assigned to it under the Companies Act 1965 [Act 125];
“related company”, in relation to a company, means a company—
(a) the operations of which are or can be controlled, either directly or indirectly, by the first-mentioned company;
(b) which controls or can control, either directly or indirectly, the operations of the first-mentioned company; or
(c) the operations of which are or can be controlled, either directly or indirectly, by a person who control or can control, either directly or indirectly, the operations of the first-mentioned company.
Deduction
3. (1) For the purpose of ascertaining the adjusted income of a qualifying person as specified in subrule (4) from his business for the basis period for a year of assessment, there shall be allowed a deduction of an amount equal to the qualifying expenditure incurred by the qualifying person on the registration of trade mark or patent in Malaysia, as the case may be.
(2) The qualifying expenditure incurred by a qualifying person referred to in subrule (1) shall be deemed to have been incurred in the basis period for a year of assessment in which the qualifying person obtained the certificate of registration of a trade mark or the certificate of grant of a patent, as the case may be.
(3) The qualifying expenditure referred to in these Rules shall be the following:
(a) in respect of a trade mark under the Trade Mark Act 1976—
(i) an application for registration of a mark;
(ii) a certificate of registration of a trade mark; and
(iii) fee for service of an agent registered and authorized to undertake trade mark registration; and
(b) in respect of a patent under the Patents Act 1983—
(i) an application for grand of a patent;
(ii) a request for substantive examination or modified substantive examination;
(iii) a certificate of grant of a patent; and
(iv) fee for service of an agent registered and authorized to undertake patent registration.
(4) A qualifying person under these Rules shall be as follows:
(a) a company which has a paid-up capital in respect of ordinary share of two million and five hundred thousand ringgit and less at the beginning of the basic period for a year of assessment but shall not include—
(i) a company where fifty per cent of its paid up capital in respect of ordinary share of the company is directly or indirectly owned by a related company;
(ii) a company where fifty per cent of the paid-up capital in respect of ordinary shares of a related company is directly or indirectly owned by the first mentioned company; and
(iii) a company where fifty per cent of the paid-up capital in respect of ordinary shares of the company and a related company is directly or indirectly owned by another company;
(b) an enterprise in the manufacturing industry, manufacturing related services industry and agro-based industry, resident in Malaysia, which at the end of the basis period for a year of assessment—
(i) has not more than one hundred and fifty full-time employees; or
(ii) has achieved annual sales of not more than twenty-five million ringgit; and
(c) an enterprise in the services industries, primary agriculture, information and communication technology industry, resident in Malaysia, which at the end of the basis period for a year of assessment—
(i) has not more than fifty full-time employees; or
(ii) has achieved annual sales of not more than five million ringgit.
Made 23 November 2009
[Perb. CR(8.09) 294/6/4-9(SJ.9)(2010); LHDN.01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
D ato’ Seri Haji Ahmad Husni bin Mohamad 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 (Deduction for Cost of Preparation of Corporate
In exercise of the powers conferred by paragraph 154(1)(b) 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 (Deduction for Cost of Preparation of Corporate Knowledge-Based Master Plan) Rules 2009.
(2) These Rules are deemed to have come into operation from the year of assessment 2003 and subsequent years of assessment subject to rule 3.
Application
2. (1) These Rules apply to a company—
(a) incorporated under the Companies Act [Act 125] and is resident in Malaysia; and
(b) approved by the Minister to participate in a strategic knowledge-intensive activity—
(i) based on the corporate knowledge based master plan referred to in subrule 3(1); and
(ii) which the application for participation in the activity is made by the company to the Minister on or after 21 September 2002 but not later than 31 December 2011.
(2) The strategic knowledge-intensive activity referred to in paragraph (1)(b) shall be a promoted activity under the Promotion of Investment Act 1986 [Act 327] which is approved by the Minister charged with such responsibility under such Act.
Deduction
3. (1) In ascertaining the adjusted income of a company referred to in subrule 2(1) from its business for the basis period for a year of assessment in the basis period for a year of assessment, there shall be allowed as deduction the cost incurred by that company in the basis period for a year of assessment for the preparation of the corporate knowledge-based master plan which shall be the corporate strategic knowledge plan used for the business of a company verified by the Malaysian Industrial Development Authority established under the Malaysian Industrial Development Authority (Incorporation) Act 1965 [Act 397].
(2) For the purposes of subrule (1), the cost incurred shall be deemed to be incurred in the basis period for a year of assessment in which the corporate knowledge-based master plan is implemented.
(3) The corporate knowledge-based master plan referred to in these Rules shall be implemented within two years from the date of verification by the Malaysian Industrial Development Authority as required under subrule (1).
(4) Any cost incurred by the company in the preparation of subsequent corporate knowledge-based master plan shall only be allowed as a deduction after a period of three years from the end of the basis period for a year of assessment where the company is deemed to have incurred the cost under subrule (2).
Made 23 November 2009
[Perb. CR(8.09) 294/6/4-9(SJ.9)(2010); LHDN. 01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
Dato’ Seri Haji Ahmad Husni bin Mohamad Hanadzlah
Second Minister of Finance
[To be laid before the Dewan Rakyat pursuant to subsection 154(2) Income
Tax Act 1967]
Citation and commencement
1. (1) These rules may be cited as the Income Tax (Deduction for Cost of Preparation of Corporate Knowledge-Based Master Plan) Rules 2009.
(2) These Rules are deemed to have come into operation from the year of assessment 2003 and subsequent years of assessment subject to rule 3.
Application
2. (1) These Rules apply to a company—
(a) incorporated under the Companies Act [Act 125] and is resident in Malaysia; and
(b) approved by the Minister to participate in a strategic knowledge-intensive activity—
(i) based on the corporate knowledge based master plan referred to in subrule 3(1); and
(ii) which the application for participation in the activity is made by the company to the Minister on or after 21 September 2002 but not later than 31 December 2011.
(2) The strategic knowledge-intensive activity referred to in paragraph (1)(b) shall be a promoted activity under the Promotion of Investment Act 1986 [Act 327] which is approved by the Minister charged with such responsibility under such Act.
Deduction
3. (1) In ascertaining the adjusted income of a company referred to in subrule 2(1) from its business for the basis period for a year of assessment in the basis period for a year of assessment, there shall be allowed as deduction the cost incurred by that company in the basis period for a year of assessment for the preparation of the corporate knowledge-based master plan which shall be the corporate strategic knowledge plan used for the business of a company verified by the Malaysian Industrial Development Authority established under the Malaysian Industrial Development Authority (Incorporation) Act 1965 [Act 397].
(2) For the purposes of subrule (1), the cost incurred shall be deemed to be incurred in the basis period for a year of assessment in which the corporate knowledge-based master plan is implemented.
(3) The corporate knowledge-based master plan referred to in these Rules shall be implemented within two years from the date of verification by the Malaysian Industrial Development Authority as required under subrule (1).
(4) Any cost incurred by the company in the preparation of subsequent corporate knowledge-based master plan shall only be allowed as a deduction after a period of three years from the end of the basis period for a year of assessment where the company is deemed to have incurred the cost under subrule (2).
Made 23 November 2009
[Perb. CR(8.09) 294/6/4-9(SJ.9)(2010); LHDN. 01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
Dato’ Seri Haji Ahmad Husni bin Mohamad Hanadzlah
Second Minister of Finance
[To be laid before the Dewan Rakyat pursuant to subsection 154(2) Income
Tax Act 1967]
Income Tax (Deduction for Expenditure on Issuance of Islamic
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 for Expenditure on Issuance of Islamic Securities) Rules 2009.
(2) These Rules shall have effect from the year of assessment 2011 until the year of assessment 2015 in respect of the approval for the issuance of Islamic securities under paragraph 2(1)(a).
(3) These Rules shall have effect from the year of assessment 2010 until the year of assessment 2015 in respect of the approval for the issuance of Islamic securities under paragraph 2(1)(b).
Deduction
2. (1) For the purpose of ascertaining the adjusted income of a company resident in Malaysia and a company incorporated under the Offshore Companies Act 1990 [Act 441], from its business for the basis period for a year of assessment, there shall be allowed a deduction of an amount equal to the expenditure incurred on the issuance of Islamic securities approved, as the case may be, by—
(a) the Securities Commission; or
(b) the Labuan Offshore Financial Services Authority established under section 3 of the Labuan Offshore Financial Services Authority Act 1996 [Act 545].
(2) The deduction referred to in subrule 2(1) shall be pursuant to the principle of mudharabah, musyakarah, ijarah or istisna’ or any other Syariah principle approved by the Minister.
Made 23 November 2009
[CR(8.09)294/6/4-9(SJ.9)(2010); LHDN.01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
D ato’ Seri Haji Ahmad Husni bin Mohamad Hanadzlah
Second Minister of Finance
[To be laid before the Dewan Rakyat pursuant to subsection 154(2) of the
Income Tax Act 1967]
Citation and commencement
1. (1) These rules may be cited as the Income Tax (Deduction for Expenditure on Issuance of Islamic Securities) Rules 2009.
(2) These Rules shall have effect from the year of assessment 2011 until the year of assessment 2015 in respect of the approval for the issuance of Islamic securities under paragraph 2(1)(a).
(3) These Rules shall have effect from the year of assessment 2010 until the year of assessment 2015 in respect of the approval for the issuance of Islamic securities under paragraph 2(1)(b).
Deduction
2. (1) For the purpose of ascertaining the adjusted income of a company resident in Malaysia and a company incorporated under the Offshore Companies Act 1990 [Act 441], from its business for the basis period for a year of assessment, there shall be allowed a deduction of an amount equal to the expenditure incurred on the issuance of Islamic securities approved, as the case may be, by—
(a) the Securities Commission; or
(b) the Labuan Offshore Financial Services Authority established under section 3 of the Labuan Offshore Financial Services Authority Act 1996 [Act 545].
(2) The deduction referred to in subrule 2(1) shall be pursuant to the principle of mudharabah, musyakarah, ijarah or istisna’ or any other Syariah principle approved by the Minister.
Made 23 November 2009
[CR(8.09)294/6/4-9(SJ.9)(2010); LHDN.01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
D ato’ Seri Haji Ahmad Husni bin Mohamad 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 (DEDUCTION FOR INVESTMENT IN AN APPROVED FOREST PLANTATION
IN exercise of the powers conferred by paragraph 154(1)(b) 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 (Deduction for Investment in an Approved Forest Plantation Project) Rules 2009.
(2) These Rules are deemed to have come into operation on 21 May 2003 and shall have effect subject to its application as prescribed in rule 3.
Interpretation
2. In these Rules—
“investment” means investment in the form of cash or paid-up capital in respect of ordinary shares in a related company;
“forest plantation project” means the project referred to in rule 3;
“related company” means a company—
(a) incorporated under the Companies Act 1965 [Act 125] and is resident in Malaysia;
(b) which expended the investment in undertaking a forest plantation project; and
(c) exempted under the Income Tax (Exemption) (No. 11) Order 2009;
“qualifying company” means a company incorporated under the Companies Act 1965 and resident in Malaysia which directly owns—
(a) prior to 11 September 2004, one hundred per cent of the paid-up capital in respect of ordinary shares of the related company; or
(b) on or after 11 September 2004, at least seventy percent of the paidup capital in respect of ordinary shares of the related company.
Application
3. (1) Subject to subrule (2), these Rules shall apply to the first forest plantation project undertaken by a related company for the species as specified in the Schedule.
(2) The application to undertake the forest plantation project referred to in subrule (1) shall be made to the Minister through the Minister charged with the responsibility for that project on or after 21 May 2003 but not later than 31 December 2011.
Deduction
4. (1) In ascertaining the adjusted income of a qualifying company from its business in the basis period for a year of assessment, there shall be allowed a deduction of an amount equivalent to the value of investment in a forest plantation project on the date the investment is made in the related company.
(2) The investment referred to in subrule (1)—
(a) shall be made for a period and up to the amount, as approved by the Minister, through the Minister charged with the responsibility for the forest plantation project;
(b) shall be for the sole purpose of financing a forest plantation project;
and
(c) shall not be disposed of within five years from the date of the last investment if such investment is in a form of paid-up capital in respect of ordinary shares.
(3) The investment made by the qualifying company prior to the commencement of a forest plantation project shall be deemed to have been incurred on the date the forest plantation project commences.
(4) Subject to subrules (5) and (6), where a qualifying company which has made an investment in the form of paid-up capital in respect of ordinary shares and claimed a deduction in respect of that investment under subrule (1), receives any consideration for the disposal of such shares, the value of consideration so received by that qualifying company shall be added in ascertaining his adjusted income for the year of assessment in the basis period in which that consideration was received.
(5) The value of the consideration referred to in subrule (4) shall not exceed the total deduction allowed in relation to that investment.
(6) Subrule (4) shall not apply where the disposal of the shares referred to in subrule (4) takes place after five years from the date of the last investment of paid-up capital in respect of ordinary shares is made in the related company.
Cessation of deduction
5. Where an investment is made by a qualifying company for the sole purpose of financing a forest plantation project is deducted under these Rules, the deduction shall cease to apply to the qualifying company in the basis period for a year of assessment upon which the related company has its first statutory income.
SCHEDULE
Item Specie Local Name
1. Acacia mangium, Acacia auriculiformis, Acacia Acacia
hybrids
2. Agathis borneensis Damar minyak (Peninsular)/ Bindang (Sarawak)/ Mengilan (Sabah)
3. Alstonia angustifolia, Alstonia angustiloba, Alstonia Pulai (Peninsular)/Pelai (Sarawak)
macrophylla, Alstonia pneumatophora, Alstonia
scholaris, Alstonia spatulata
4. Anisoptera costata, Anisoptera curtisii, Anisoptera Mersawa/Pengiran (Sabah)
grossivenia, Anisoptera laevis, Anisoptera marginata,
Anisoptera megistocarpa, Anisoptera scaphula
5. Araucaria cunninghamii Hoop pine
Araucarai hunstenii Klinki pine
6. Artocarpus altilis, Artocarpus elasticus, Artocarpus Cempedak/Terap
lowii, Artocarpus odoratissima, Artocarpus
scortechinii, Artocarpus tamaran, Artocarpus
teysmannii
7. Azadirachta excelsa Sentang (Peninsular)/Ranggu (Sabah, Sarawak)
8. Bischofi a javanica Javan cedar/Jitang/Tuai
9. Calamus manan Rotan manau
Calamus caesius Rotan sega
10. Calophyllum bifl orum, Calophyllum calaba, Bintangor
Calophyllum canum, Calophyllum coriaceum,
Calophyllum depressinervosum, Calophyllum
ferrugineum, Calophyllum inophyllum, Calophyllum
macrocarpum, Calophyllum pulcherrimum,
Calophyllum sclerophyllum, Calophyllum
symingtonianum, Calophyllum tetrapterum,
Calophyllum teysmannii, Calophyllum wallichianum
11. Campnosperma auriculatum, Campnosperma Terentang
coriaceum, Campnosperma squamatum
12. Cananga odorata Kenanga
13. Canarium apertum, Canarium littorale, Canarium Kedondong (Peninsular)/ Seladah (Sarawak)
pseudosumatranum
14. Casuarina cunninghamiana, Casuarina equisetifolia, Rhu/Jemara/Chemara
Casuarina glauca, Casuarina junghuhniana
15. Ceiba pentandra, Bombax ceiba, Bombax valetonii Kapok (Sabah)/Kekabu
16. Chukrasia tabularis Surian batu
17. Cinnamomum altissimum, Cinnamomum iners, Pokok Teja/Medang teja/ Medang
Cinnamomum sintoc, Cinnamomum javanicum,
Cinnamomum porrectum, Cinnamomum scortechinii
18. Coelostegia borneensis, Coelostegia griffi thii Punggai (Peninsular)/Durian hantu (Sarawak)
19. Cratoxylum arborescens, Cratoxylum glaucum Geronggang
20. Dacrydium beccarii, Dacrydium comosum, Dacrydium Sempilor/Ekor (Peninsular)
elatum, Dacrydium gibbsiae
21. Dactylocladus stenostachys Jongkong
22. Dillenia borneensis, Dillenia excelsa, Dillenia Simpoh (Peninsular)/Buan (Sarawak)
grandifolia, Dillenia pulchella, Dillenia reticulata
23. Dipterocarpus acutangulus, Dipterocarpus Keruing
applanatus, Dipterocarpus elongates, Dipterocarpus
baudii, Dipterocarpus caudiferus, Dipterocarpus
chartaceus, Dipterocarpus concavus, Dipterocarpus
cornutus, Dipterocarpus confertus, Dipterocarpus
conformis, Dipterocarpus costatus, Dipterocarpus
costulatus, Dipterocarpus crinitus, Dipterocarpus
dyeri, Dipterocarpus elongatus, Dipterocarpus
eurynchus, Dipterocarpus fagineus, Dipterocarpus
geniculatus, Dipterocarpus gracilis, Dipterocarpus
grandifl orus, Dipterocarpus hasseltii, Dipterocarpus
humeratus, Dipterocarpus kerrii, Dipterocarpus
kunstleri, Dipterocarpus lamellatus, Dipterocarpus
lowii, Dipterocarpus obtusifolius, Dipterocarpus
oblongifolius, Dipterocarpus ochraceus, Dipterocarpus
pachyphyllus, Dipterocarpus palembanicus,
Dipterocarpus pseudofagineus, Dipterocarpus
rigidus, Dipterocarpus rotundifolius, Dipterocarpus
sarawakensis, Dipterocarpus semivestitus,
Dipterocarpus sublamellatus, Dipterocarpus stellatus,
Dipterocarpus validus, Dipterocarpus verrucosus
24. Dryobalanops aromatica, Dryobalanops beccarii, Kapur
Dryobalanops fusca, Dryobalanops keithii,
Dryobalanops lanceolata, Dryobalanops oblongifolia,
Dryobalanops rappa
25. Duabanga moluccana, Duabanga grandiflora Magasawih/Sawih (Sarawak) Magas (Sabah)/Berembang bukit (Peninsular)/Tagahas (Sabah)
26. Durio carinatus, Durio grandifl orus, Durio graveolens, Durian
Durio lowianus, Durio malaccensis, Durio oxleyanus,
Durio singaporensis, Durio wyatt-smithii, Durio
zibethinus
27. Dyera costulata, Dyera polyphylla Jelutong
28. Endospermum diadenum, Sesenduk (Peninsular)/ Senduk-senduk mata/ Marapangi (Sabah)/Terbulan (Sarawak)
Endospermum peltatum
29. Eucalyptus deglupta, Eucalyptus grandis, Eucalyptus Eucalyptus
camadulensis, Eucalyptus pellita, Eucalyptus
tereticornis, Eucalyptus hybrids
30. Eusideroxylon zwageri Belian
31. Fagraea crenulata Malabera/ Malabira (Sabah)
32. Gigantochloa levis Buluh beting/Buluh poring
Gigantochloa ligulata Buluh tumpat
Bambusa blumeana Buluh duri
Dendrocalamus asper Buluh betong
33. Gmelina arborea Yemane
34. Gonystylus affi nis, Gonystylus bancanus, Gonystylus Ramin
brunnescens, Gonystylus confuses, Gonystylus
maingayi
35. Hevea brasiliensis Rubber/Getah (Timber-Latex Clones)
36. Heritiera albifl ora, Heritiera aurea, Heritiera Mengkulang/Dungun/Kembang (Sabah)
borneensis, Heritiera globosa, Heritiera javanica,
Heritiera littoralis, Heritiera simplicifolia, Heritiera
sumatrana
37. Hopea apiculata, Hopea auriculata, Hopea beccariana, Merawan/Selangan (Sabah)
Hopea bilitonensis, Hopea bracteata, Hopea coriaceae,
Hopea dryobalanoides, Hopea dyeri, Hopea ferrea,
Hopea ferruginea, Hopea glaucescens, Hopea griffi thii,
Hopea helferi, Hopea johorensis, Hopea mengarawan,
Hopea nervosa, Hopea nutans, Hopea odorata, Hopea
latifolia, Hopea pachycarpa, Hopea pedicellata, Hopea
pierrei, Hopea polyalthioides, Hopea pubescens, Hopea
sangal, Hopea semicuneata, Hopea subalata, Hopea
sublanceolata, Hopea sulcata
38. Ilex cissoidea, Ilex cymosa Mensirah (Peninsular)/ Kerdam (Sarawak)/Morogis (Sabah)
39. Intsia palembanica, Intsia bijuga Mer bau
40. Khaya ivorensis, Khaya
Khaya senegalensis
41. Kokoona littoralis, Kokoona ochracea, Kokoona ovata- Mata ulat (Peninsular)/Bajan (Sarawak)/Perupok Kuning (Sabah)
lanceolata, Kokoona reflexa
42. Koompassia malaccensis Kempas (Peninsular)/Menggaris (Sarawak) Tapang (Sarawak)
Koompassia maingay
43. Macaranga beccariana, Macaranga conifera, Mahang (Peninsular)/ Merkubong (Sarawak)/ Merkubong (Sabah)
Macaranga gigantea, Macaranga hosei, Macaranga
hypoleuca, Macaranga lowii, Macaranga pruinosa,
Macaranga tanarius, macaranga triloba, Macaranga
winkleri
44. Maesopsis eminii Maesopsis
45. Mallotus macrostachyus, Mallotus leucodermis, Balek angin, Mallotus dau/ Dahu (Sabah)
Mallotus miquelianus, Mallotus muticus, Mallotus
penangensis, Mallotus philippensis, Mallotus wrayi
46. Mangifera applanata, Mangifera caesa, Mangifera Machang (Peninsular)/ Embang (Sarawak) Beluno/ Bambangan/Mangga (Sabah)
foetida, Mangifera griffthii, Mangifera indica,
Mangifera longipetiolata, Mangifera laurina,
Mangifera odorata, Mangifera pajang, Mangifera
parvifl ora, Mangifera quadrifi da, Mangifera torquenda
47. Neobalanocarpus heimii Chengal
48. Neolamarckia cadamba, Anthocephalus chinensis. Kelempayan (Peninsular)/ Laran (Peninsular, Sabah)/ Selimpoh (Sarawak)
49. Octomeles sumatrana Binuang
50. Palaquium clarkeanum, Palaquium gutta, Palaquium Nyatoh
hexandrum, Palaquium hispidum, Palaquium
impressinervium, Palaquium maingayi, Palaquium
microphyllum, Palaquium obovatum, Palaquium
oxleyanum, Palaquium regina-montium, Palaquium
rostratum, Palaquium semaram, Palaquium
xanthochymum
51. Paraserianthes falcataria, Albizia falcataria, Albizia Batai/Kayu machis/Kungkur (Sabah)
chinensis, Albizia lebbek, Albizia acle, Albizia
pedicellata, Albizia procera
52. Parashorea densifl ora, Parashorea globosa, Urat mata/Gerutu
Parashorea stellata, Parashorea parvifolia, Parashorea
smythiesii
53. Parkia speciosa, Parkia singularis, Parkia timoriana Petai/Kupang (Sabah)
54. Pentace adenophora, Pentace curtisii, Pentace Melunak (Peninsular)/Baru (Sarawak)/Takalis (Sabah)
laxifl ora, Pentace macrophylla, Pentace triptera
55. Pentaspadon motleyi, Pentaspadon velutinus Pejon/Pelajau
56. Peronema canescens Sungkai
57. Pinus caribaea, Pinus insularis, Pinus merkusii, Pinus Pine
kesiya
58. Pithecellobium splendens Kungkur
59. Pterospermum diversifolium, Pterospermum jackianum, Bayor
Pterospermum subpeltatum
60. Pterocarpus dalbergioides, Pterocarpus indicus, Angsana/Sena/Narra
Pterocarpus macrocarpus, Pterocarpus marsupium,
Pterocarpus santalinus
61. Pterocymbium tinctorium, Pterocymbium javanicum Melembu/Teluto
62. Pterospermum javanicum Bayor Batu
63. Sandoricum beccarianum, Sandoricum koetjape Kelampu (Sarawak)/Sentul (Peninsular, Sabah)
64. Santiria apiculata, Santiria conferta, Santiria Kedondong (Peninsular)/ Seladah (Sarawak)
tomentosa
65. Scaphium linearicarpum, Scaphium longifl orum, Kembang semangkok
Scaphium macropodum, Scaphium scaphigerum
66. Schima wallichii Gegatal/ Gatal-gatal (Sabah)
67. Scorodocarpus borneensis Kulim (Peninsular)/Bawang hutan (Sabah)/Ungsunah (Sarawak)
68. Shorea acuminata, Shorea albida, Shorea almon, Meranti/ Seraya (Sabah)
Shorea andulensis, Shorea argentifolia, Shorea
assamica, Shorea bracteolata, Shorea dasyphylla,
Shorea fallax, Shorea henryana, Shorea hopeifolia,
Shorea hypochra, Shorea laxa, Shorea leprosula,
Shorea macroptera, Shorea myrionerva, Shorea
ochrophloia, Shorea ovalis, Shorea ovata, Shorea
parvifolia, Shorea parvistipulata, Shorea paucifl ora,
Shorea platyclados, Shorea polyandra, Shorea
quadrinervis, Shorea revolute, Shorea retusa, Shorea
roxburghii, Shorea rubra, Shorea rugosa, Shorea
scabrida, Shorea slootenii, Shorea smithiana, Shorea
talura, Shorea teysmanniana, Shorea waltonii
69. Shorea macrophylla Engkabang jantong
Shorea pinanga, Engkabang langgai bukit
Shorea palembanica Engkabang asu
Shorea splendida Engkabang bintang
Shorea macrantha Engkabang bungkus
Shorea hemsyleyana Engkabang gading
Shorea stenoptera, Engkabang rusa
Shorea seminis Engkabang terendak
and other Engkabang Kawang (Sabah) species
70. Sindora coriacea, Sindora echinocalyx, Sindora Sepetir (Peninsular)/Tampar hantu (Sarawak)
siamensis, Sindora velutina, Sindora wallichii
71. Swietenia macrophylla Mahogany
72. Tectona grandis Teak/Jati
73. Terminalia bellirica, Terminalia calamansanai, Talisai (Sabah)/ Jelawai/ Jaha (Semenanjung)/Kedandi (Sarawak)
Terminalia catappa, Terminalia citrina, Terminalia
copelandii, Terminalia foetidissima, Terminalia
phellocarpa, Terminalia subspathulata
74. Tetramerista glabra Punah (Peninsular)/Kayu hujan (Sarawak)/Tuyot (Sabah)
75. Toona calantas, Toona ciliata, Toona sinensis, Toona Surian/Limpaga/Red cedar
sureni
76. Vatica albiramis, Vatica bella, Vatica cinerea, Vatica Resak
cuspida, Vatica dulitensis, Vatica fl avida, Vatica
havilandii, Vatica heroptera, Vatica lowii, Vatica
maingayi, Vatica mangachapoi, Vatica maritima, Vatica
micrantha, Vatica nitens, vatica oblongifolia, Vatica
odorata, Vatica paucifl ora, Vatica rassak, Vatica
sarawakensis, Vatica scortechinii, Vatica venulosa
Made 23 November 2009
[CR (8.09)294/6/4-9 (SJ. 9) (2010); LHDN. 01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
DATO’ SERI HAJI AHMAD HUSNI BIN MOHAMAD HANADZLAH
Second Minister of Finance
[To be laid before the Dewan Rakyat pursuant to subsection 154(2) Income
Tax Act 1967]
Citation and commencement
1. (1) These rules may be cited as the Income Tax (Deduction for Investment in an Approved Forest Plantation Project) Rules 2009.
(2) These Rules are deemed to have come into operation on 21 May 2003 and shall have effect subject to its application as prescribed in rule 3.
Interpretation
2. In these Rules—
“investment” means investment in the form of cash or paid-up capital in respect of ordinary shares in a related company;
“forest plantation project” means the project referred to in rule 3;
“related company” means a company—
(a) incorporated under the Companies Act 1965 [Act 125] and is resident in Malaysia;
(b) which expended the investment in undertaking a forest plantation project; and
(c) exempted under the Income Tax (Exemption) (No. 11) Order 2009;
“qualifying company” means a company incorporated under the Companies Act 1965 and resident in Malaysia which directly owns—
(a) prior to 11 September 2004, one hundred per cent of the paid-up capital in respect of ordinary shares of the related company; or
(b) on or after 11 September 2004, at least seventy percent of the paidup capital in respect of ordinary shares of the related company.
Application
3. (1) Subject to subrule (2), these Rules shall apply to the first forest plantation project undertaken by a related company for the species as specified in the Schedule.
(2) The application to undertake the forest plantation project referred to in subrule (1) shall be made to the Minister through the Minister charged with the responsibility for that project on or after 21 May 2003 but not later than 31 December 2011.
Deduction
4. (1) In ascertaining the adjusted income of a qualifying company from its business in the basis period for a year of assessment, there shall be allowed a deduction of an amount equivalent to the value of investment in a forest plantation project on the date the investment is made in the related company.
(2) The investment referred to in subrule (1)—
(a) shall be made for a period and up to the amount, as approved by the Minister, through the Minister charged with the responsibility for the forest plantation project;
(b) shall be for the sole purpose of financing a forest plantation project;
and
(c) shall not be disposed of within five years from the date of the last investment if such investment is in a form of paid-up capital in respect of ordinary shares.
(3) The investment made by the qualifying company prior to the commencement of a forest plantation project shall be deemed to have been incurred on the date the forest plantation project commences.
(4) Subject to subrules (5) and (6), where a qualifying company which has made an investment in the form of paid-up capital in respect of ordinary shares and claimed a deduction in respect of that investment under subrule (1), receives any consideration for the disposal of such shares, the value of consideration so received by that qualifying company shall be added in ascertaining his adjusted income for the year of assessment in the basis period in which that consideration was received.
(5) The value of the consideration referred to in subrule (4) shall not exceed the total deduction allowed in relation to that investment.
(6) Subrule (4) shall not apply where the disposal of the shares referred to in subrule (4) takes place after five years from the date of the last investment of paid-up capital in respect of ordinary shares is made in the related company.
Cessation of deduction
5. Where an investment is made by a qualifying company for the sole purpose of financing a forest plantation project is deducted under these Rules, the deduction shall cease to apply to the qualifying company in the basis period for a year of assessment upon which the related company has its first statutory income.
SCHEDULE
Item Specie Local Name
1. Acacia mangium, Acacia auriculiformis, Acacia Acacia
hybrids
2. Agathis borneensis Damar minyak (Peninsular)/ Bindang (Sarawak)/ Mengilan (Sabah)
3. Alstonia angustifolia, Alstonia angustiloba, Alstonia Pulai (Peninsular)/Pelai (Sarawak)
macrophylla, Alstonia pneumatophora, Alstonia
scholaris, Alstonia spatulata
4. Anisoptera costata, Anisoptera curtisii, Anisoptera Mersawa/Pengiran (Sabah)
grossivenia, Anisoptera laevis, Anisoptera marginata,
Anisoptera megistocarpa, Anisoptera scaphula
5. Araucaria cunninghamii Hoop pine
Araucarai hunstenii Klinki pine
6. Artocarpus altilis, Artocarpus elasticus, Artocarpus Cempedak/Terap
lowii, Artocarpus odoratissima, Artocarpus
scortechinii, Artocarpus tamaran, Artocarpus
teysmannii
7. Azadirachta excelsa Sentang (Peninsular)/Ranggu (Sabah, Sarawak)
8. Bischofi a javanica Javan cedar/Jitang/Tuai
9. Calamus manan Rotan manau
Calamus caesius Rotan sega
10. Calophyllum bifl orum, Calophyllum calaba, Bintangor
Calophyllum canum, Calophyllum coriaceum,
Calophyllum depressinervosum, Calophyllum
ferrugineum, Calophyllum inophyllum, Calophyllum
macrocarpum, Calophyllum pulcherrimum,
Calophyllum sclerophyllum, Calophyllum
symingtonianum, Calophyllum tetrapterum,
Calophyllum teysmannii, Calophyllum wallichianum
11. Campnosperma auriculatum, Campnosperma Terentang
coriaceum, Campnosperma squamatum
12. Cananga odorata Kenanga
13. Canarium apertum, Canarium littorale, Canarium Kedondong (Peninsular)/ Seladah (Sarawak)
pseudosumatranum
14. Casuarina cunninghamiana, Casuarina equisetifolia, Rhu/Jemara/Chemara
Casuarina glauca, Casuarina junghuhniana
15. Ceiba pentandra, Bombax ceiba, Bombax valetonii Kapok (Sabah)/Kekabu
16. Chukrasia tabularis Surian batu
17. Cinnamomum altissimum, Cinnamomum iners, Pokok Teja/Medang teja/ Medang
Cinnamomum sintoc, Cinnamomum javanicum,
Cinnamomum porrectum, Cinnamomum scortechinii
18. Coelostegia borneensis, Coelostegia griffi thii Punggai (Peninsular)/Durian hantu (Sarawak)
19. Cratoxylum arborescens, Cratoxylum glaucum Geronggang
20. Dacrydium beccarii, Dacrydium comosum, Dacrydium Sempilor/Ekor (Peninsular)
elatum, Dacrydium gibbsiae
21. Dactylocladus stenostachys Jongkong
22. Dillenia borneensis, Dillenia excelsa, Dillenia Simpoh (Peninsular)/Buan (Sarawak)
grandifolia, Dillenia pulchella, Dillenia reticulata
23. Dipterocarpus acutangulus, Dipterocarpus Keruing
applanatus, Dipterocarpus elongates, Dipterocarpus
baudii, Dipterocarpus caudiferus, Dipterocarpus
chartaceus, Dipterocarpus concavus, Dipterocarpus
cornutus, Dipterocarpus confertus, Dipterocarpus
conformis, Dipterocarpus costatus, Dipterocarpus
costulatus, Dipterocarpus crinitus, Dipterocarpus
dyeri, Dipterocarpus elongatus, Dipterocarpus
eurynchus, Dipterocarpus fagineus, Dipterocarpus
geniculatus, Dipterocarpus gracilis, Dipterocarpus
grandifl orus, Dipterocarpus hasseltii, Dipterocarpus
humeratus, Dipterocarpus kerrii, Dipterocarpus
kunstleri, Dipterocarpus lamellatus, Dipterocarpus
lowii, Dipterocarpus obtusifolius, Dipterocarpus
oblongifolius, Dipterocarpus ochraceus, Dipterocarpus
pachyphyllus, Dipterocarpus palembanicus,
Dipterocarpus pseudofagineus, Dipterocarpus
rigidus, Dipterocarpus rotundifolius, Dipterocarpus
sarawakensis, Dipterocarpus semivestitus,
Dipterocarpus sublamellatus, Dipterocarpus stellatus,
Dipterocarpus validus, Dipterocarpus verrucosus
24. Dryobalanops aromatica, Dryobalanops beccarii, Kapur
Dryobalanops fusca, Dryobalanops keithii,
Dryobalanops lanceolata, Dryobalanops oblongifolia,
Dryobalanops rappa
25. Duabanga moluccana, Duabanga grandiflora Magasawih/Sawih (Sarawak) Magas (Sabah)/Berembang bukit (Peninsular)/Tagahas (Sabah)
26. Durio carinatus, Durio grandifl orus, Durio graveolens, Durian
Durio lowianus, Durio malaccensis, Durio oxleyanus,
Durio singaporensis, Durio wyatt-smithii, Durio
zibethinus
27. Dyera costulata, Dyera polyphylla Jelutong
28. Endospermum diadenum, Sesenduk (Peninsular)/ Senduk-senduk mata/ Marapangi (Sabah)/Terbulan (Sarawak)
Endospermum peltatum
29. Eucalyptus deglupta, Eucalyptus grandis, Eucalyptus Eucalyptus
camadulensis, Eucalyptus pellita, Eucalyptus
tereticornis, Eucalyptus hybrids
30. Eusideroxylon zwageri Belian
31. Fagraea crenulata Malabera/ Malabira (Sabah)
32. Gigantochloa levis Buluh beting/Buluh poring
Gigantochloa ligulata Buluh tumpat
Bambusa blumeana Buluh duri
Dendrocalamus asper Buluh betong
33. Gmelina arborea Yemane
34. Gonystylus affi nis, Gonystylus bancanus, Gonystylus Ramin
brunnescens, Gonystylus confuses, Gonystylus
maingayi
35. Hevea brasiliensis Rubber/Getah (Timber-Latex Clones)
36. Heritiera albifl ora, Heritiera aurea, Heritiera Mengkulang/Dungun/Kembang (Sabah)
borneensis, Heritiera globosa, Heritiera javanica,
Heritiera littoralis, Heritiera simplicifolia, Heritiera
sumatrana
37. Hopea apiculata, Hopea auriculata, Hopea beccariana, Merawan/Selangan (Sabah)
Hopea bilitonensis, Hopea bracteata, Hopea coriaceae,
Hopea dryobalanoides, Hopea dyeri, Hopea ferrea,
Hopea ferruginea, Hopea glaucescens, Hopea griffi thii,
Hopea helferi, Hopea johorensis, Hopea mengarawan,
Hopea nervosa, Hopea nutans, Hopea odorata, Hopea
latifolia, Hopea pachycarpa, Hopea pedicellata, Hopea
pierrei, Hopea polyalthioides, Hopea pubescens, Hopea
sangal, Hopea semicuneata, Hopea subalata, Hopea
sublanceolata, Hopea sulcata
38. Ilex cissoidea, Ilex cymosa Mensirah (Peninsular)/ Kerdam (Sarawak)/Morogis (Sabah)
39. Intsia palembanica, Intsia bijuga Mer bau
40. Khaya ivorensis, Khaya
Khaya senegalensis
41. Kokoona littoralis, Kokoona ochracea, Kokoona ovata- Mata ulat (Peninsular)/Bajan (Sarawak)/Perupok Kuning (Sabah)
lanceolata, Kokoona reflexa
42. Koompassia malaccensis Kempas (Peninsular)/Menggaris (Sarawak) Tapang (Sarawak)
Koompassia maingay
43. Macaranga beccariana, Macaranga conifera, Mahang (Peninsular)/ Merkubong (Sarawak)/ Merkubong (Sabah)
Macaranga gigantea, Macaranga hosei, Macaranga
hypoleuca, Macaranga lowii, Macaranga pruinosa,
Macaranga tanarius, macaranga triloba, Macaranga
winkleri
44. Maesopsis eminii Maesopsis
45. Mallotus macrostachyus, Mallotus leucodermis, Balek angin, Mallotus dau/ Dahu (Sabah)
Mallotus miquelianus, Mallotus muticus, Mallotus
penangensis, Mallotus philippensis, Mallotus wrayi
46. Mangifera applanata, Mangifera caesa, Mangifera Machang (Peninsular)/ Embang (Sarawak) Beluno/ Bambangan/Mangga (Sabah)
foetida, Mangifera griffthii, Mangifera indica,
Mangifera longipetiolata, Mangifera laurina,
Mangifera odorata, Mangifera pajang, Mangifera
parvifl ora, Mangifera quadrifi da, Mangifera torquenda
47. Neobalanocarpus heimii Chengal
48. Neolamarckia cadamba, Anthocephalus chinensis. Kelempayan (Peninsular)/ Laran (Peninsular, Sabah)/ Selimpoh (Sarawak)
49. Octomeles sumatrana Binuang
50. Palaquium clarkeanum, Palaquium gutta, Palaquium Nyatoh
hexandrum, Palaquium hispidum, Palaquium
impressinervium, Palaquium maingayi, Palaquium
microphyllum, Palaquium obovatum, Palaquium
oxleyanum, Palaquium regina-montium, Palaquium
rostratum, Palaquium semaram, Palaquium
xanthochymum
51. Paraserianthes falcataria, Albizia falcataria, Albizia Batai/Kayu machis/Kungkur (Sabah)
chinensis, Albizia lebbek, Albizia acle, Albizia
pedicellata, Albizia procera
52. Parashorea densifl ora, Parashorea globosa, Urat mata/Gerutu
Parashorea stellata, Parashorea parvifolia, Parashorea
smythiesii
53. Parkia speciosa, Parkia singularis, Parkia timoriana Petai/Kupang (Sabah)
54. Pentace adenophora, Pentace curtisii, Pentace Melunak (Peninsular)/Baru (Sarawak)/Takalis (Sabah)
laxifl ora, Pentace macrophylla, Pentace triptera
55. Pentaspadon motleyi, Pentaspadon velutinus Pejon/Pelajau
56. Peronema canescens Sungkai
57. Pinus caribaea, Pinus insularis, Pinus merkusii, Pinus Pine
kesiya
58. Pithecellobium splendens Kungkur
59. Pterospermum diversifolium, Pterospermum jackianum, Bayor
Pterospermum subpeltatum
60. Pterocarpus dalbergioides, Pterocarpus indicus, Angsana/Sena/Narra
Pterocarpus macrocarpus, Pterocarpus marsupium,
Pterocarpus santalinus
61. Pterocymbium tinctorium, Pterocymbium javanicum Melembu/Teluto
62. Pterospermum javanicum Bayor Batu
63. Sandoricum beccarianum, Sandoricum koetjape Kelampu (Sarawak)/Sentul (Peninsular, Sabah)
64. Santiria apiculata, Santiria conferta, Santiria Kedondong (Peninsular)/ Seladah (Sarawak)
tomentosa
65. Scaphium linearicarpum, Scaphium longifl orum, Kembang semangkok
Scaphium macropodum, Scaphium scaphigerum
66. Schima wallichii Gegatal/ Gatal-gatal (Sabah)
67. Scorodocarpus borneensis Kulim (Peninsular)/Bawang hutan (Sabah)/Ungsunah (Sarawak)
68. Shorea acuminata, Shorea albida, Shorea almon, Meranti/ Seraya (Sabah)
Shorea andulensis, Shorea argentifolia, Shorea
assamica, Shorea bracteolata, Shorea dasyphylla,
Shorea fallax, Shorea henryana, Shorea hopeifolia,
Shorea hypochra, Shorea laxa, Shorea leprosula,
Shorea macroptera, Shorea myrionerva, Shorea
ochrophloia, Shorea ovalis, Shorea ovata, Shorea
parvifolia, Shorea parvistipulata, Shorea paucifl ora,
Shorea platyclados, Shorea polyandra, Shorea
quadrinervis, Shorea revolute, Shorea retusa, Shorea
roxburghii, Shorea rubra, Shorea rugosa, Shorea
scabrida, Shorea slootenii, Shorea smithiana, Shorea
talura, Shorea teysmanniana, Shorea waltonii
69. Shorea macrophylla Engkabang jantong
Shorea pinanga, Engkabang langgai bukit
Shorea palembanica Engkabang asu
Shorea splendida Engkabang bintang
Shorea macrantha Engkabang bungkus
Shorea hemsyleyana Engkabang gading
Shorea stenoptera, Engkabang rusa
Shorea seminis Engkabang terendak
and other Engkabang Kawang (Sabah) species
70. Sindora coriacea, Sindora echinocalyx, Sindora Sepetir (Peninsular)/Tampar hantu (Sarawak)
siamensis, Sindora velutina, Sindora wallichii
71. Swietenia macrophylla Mahogany
72. Tectona grandis Teak/Jati
73. Terminalia bellirica, Terminalia calamansanai, Talisai (Sabah)/ Jelawai/ Jaha (Semenanjung)/Kedandi (Sarawak)
Terminalia catappa, Terminalia citrina, Terminalia
copelandii, Terminalia foetidissima, Terminalia
phellocarpa, Terminalia subspathulata
74. Tetramerista glabra Punah (Peninsular)/Kayu hujan (Sarawak)/Tuyot (Sabah)
75. Toona calantas, Toona ciliata, Toona sinensis, Toona Surian/Limpaga/Red cedar
sureni
76. Vatica albiramis, Vatica bella, Vatica cinerea, Vatica Resak
cuspida, Vatica dulitensis, Vatica fl avida, Vatica
havilandii, Vatica heroptera, Vatica lowii, Vatica
maingayi, Vatica mangachapoi, Vatica maritima, Vatica
micrantha, Vatica nitens, vatica oblongifolia, Vatica
odorata, Vatica paucifl ora, Vatica rassak, Vatica
sarawakensis, Vatica scortechinii, Vatica venulosa
Made 23 November 2009
[CR (8.09)294/6/4-9 (SJ. 9) (2010); LHDN. 01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
DATO’ SERI HAJI AHMAD HUSNI BIN MOHAMAD HANADZLAH
Second Minister of Finance
[To be laid before the Dewan Rakyat pursuant to subsection 154(2) Income
Tax Act 1967]
INCOME TAX (EXEMPTION) (NO. 10) 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. 10) Order 2009.
(2) This Order is deemed to have come into operation on 21 May 2003 and shall have effect to the extent of its application for the purposes of subparagraph 3(b) and subparagraph 4(1).
Interpretation
2. In this Order—
“forest plantation project” means a forest plantation project for species as specified in the Schedule;
“new forest plantation project” means the first approved forest plantation project undertaken by a company;
“expansion forest plantation project” means a project involving new investment undertaken by a company in expanding its approved forest plantation project and the approved forest plantation project has not been granted any tax exemption under this Order or the Income Tax (Exemption) (No. 11) Order 2009;
“approved project” means a project which fulfills the condition in paragraph 3;
“company” means a company—
(a) incorporated under the Companies Act 1965 [Act 125] and resident in Malaysia; and
(b) undertaking a new project or an expansion project.
Approved project
3. A project undertaken by a company is qualified for an exemption under this Order if such project fulfills the following conditions:
(a) the project is a forest plantation project or an expansion forest plantation project; and
(b) the application for the new forest plantation project or the expansion forest plantation project relating to the project referred to in subparagraph (a) is made to the Minister, through the Minister charged with responsibility for that project, on or after 21 May 2003 but not later than 31 December 2011.
Exemption
4. (1) Subject to subparagraph (2), the Minister exempts a company from the payment of income tax in relation to—
(a) a new forest plantation project for a period of ten consecutive years of assessment (referred to in this Order as the “exempt years of assessment”) in respect of the statutory income, commencing from the first year of assessment in which the company derived statutory income from that new forest plantation project; or
(b) an expansion forest plantation project for a period of five consecutive years of assessment (referred to in this Order as the “exempt years of assessment”) in respect of the statutory income from its existing approved project and expansion project, commencing from the first year of assessment in which the company derived statutory income from the existing approved project and expansion project, as the case may be, and that first year of assessment shall not be earlier than the year of assessment in the basis period in which the date of approval from the Minister falls.
(2) The statutory income of the project referred to in subparagraph (1) in the basis period for each of the exempt years of assessment shall be determined after deducting allowances which fall to be made under Schedule 3 of the Act notwithstanding that no claim for such allowances has been made.
(3) Where an asset used for the purpose of the project referred to in subparagraph (1) is also used for the purpose of a project or business other than that project, the allowances which fall to be made under Schedule 3 of the Act shall be deducted as is reasonable having regard to the extent to which the asset is used for the purpose of the new project or expansion project, as the case may be.
(4) Nothing in subparagraph (1) shall absolve or is deemed to have absolved the company from complying with any requirement to submit any return or statement of accounts or to furnish any other information under the provision of the Act.
Losses
5. (1) Any amount of adjusted loss incurred—
(a) from the year of assessment in the basis period in which the project referred to in subparagraph 4(1) has commenced to the year of assessment immediately prior to the exempt years of assessment;
and
(b) during the exempt years of assessment, shall be carried forward and deducted against the statutory income of the project referred to in subparagraph 4(1) in its post-exempt year or years of assessment until such project has utilized the whole amount of the adjusted loss to which it is so entitled.
(2) The amount of the adjusted loss that was utilized to reduce the statutory income of the project referred to in subparagraph 4(1) in its post-exempt year or years of assessment shall be disregarded for the purposes of subsections 43(2) and 44(2) of the Act.
Capital allowance
6. For the purpose of this Order, Schedule 3 of the Act shall apply.
Withdrawal of tax exemption
7. The Minister may withdraw the exemption on the statutory income of the project referred to in subparagraph 4(1) if a company fails to comply with the conditions imposed by the Minister.
Separate account
8. A company which is exempted under subparagraph 4(1) shall maintain a separate account for the income derived from the project referred to in that subparagraph.
Application of paragraphs 5 and 6 of Schedule 7A of the Act
9. Paragraphs 5 and 6 of Schedule 7A of the Act shall apply, mutatis mutandis, to the amount of statutory income exempted from the project referred to in subparagraph 4(1).
Non-application
10. This Order shall not apply to—
(a) a new project or an expansion project, that commences after one year from the date of approval or after such extended period approved by the Minister;
(b) a company in the basis period for a year of assessment if that company for that year of assessment—
(i) has been granted any incentive under the Promotion of Investments Act 1986 [Act 327];
(ii) has made a claim for reinvestment allowance under Schedule 7A of the Act;
(iii) has been granted an exemption under paragraph 127(3)(b) or subsection 127(3A) of the Act; or
(iv) has qualified for a deduction under any rules made under section 154 of the Act including any rules that provides higher fraction for an asset for the purpose of qualifying plant expenditure under Schedule 3 of the Act.
SCHEDULE
Item Specie Local Name
1. Acacia mangium, Acacia auriculiformis, Acacia hybrids Acacia
2. Agathis borneensis Damar minyak (Peninsular)/Bindang (Sarawak)/Mengilan (Sabah)
3. Alstonia angustifolia, Alstonia angustiloba, Alstonia Pulai (Peninsular)/Pelai (Sarawak)
macrophylla, Alstonia pneumatophora, Alstonia
scholaris, Alstonia spatulata
4. Anisoptera costata, Anisoptera curtisii, Anisoptera Mersawa/Pengiran (Sabah)
grossivenia, Anisoptera laevis, Anisoptera marginata,
Anisoptera megistocarpa, Anisoptera scaphula
5. Araucaria cunninghamii Hoop pine
Araucarai hunstenii Klinki pine
6. Artocarpus altilis, Artocarpus elasticus, Artocarpus Cempedak/Terap
lowii, Artocarpus odoratissima, Artocarpus scortechinii,
Artocarpus tamaran, Artocarpus teysmannii
7. Azadirachta excelsa Sentang (Peninsular)/Ranggu (Sabah, Sarawak)
8. Bischofia javanica Javan cedar/Jitang/Tuai
9. Calamus manan Rotan manau
Calamus caesius Rotan sega
10. Calophyllum biflorum, Calophyllum calaba, Calophyllum Bintangor
canum, Calophyllum coriaceum, Calophyllum
depressinervosum, Calophyllum ferrugineum,
Calophyllum inophyllum, Calophyllum macrocarpum,
Calophyllum pulcherrimum, Calophyllum sclerophyllum,
Calophyllum symingtonianum, Calophyllum tetrapterum,
Calophyllum teysmannii, Calophyllum wallichianum
11. Campnosperma auriculatum, Campnosperma coriaceum, Terentang
Campnosperma squamatum
12. Cananga odorata Kenanga
13. Canarium apertum, Canarium littorale, Canarium Kedondong (Peninsular)/ Seladah (Sarawak)
pseudosumatranum
14. Casuarina cunninghamiana, Casuarina equisetifolia, Rhu/Jemara/Chemara
Casuarina glauca, Casuarina junghuhniana
15. Ceiba pentandra, Bombax ceiba, Bombax valetonii Kapok (Sabah)/Kekabu
16. Chukrasia tabularis Surian batu
17. Cinnamomum altissimum, Cinnamomum iners, Pokok Teja/Medang teja/ Medang
Cinnamomum sintoc, Cinnamomum javanicum,
Cinnamomum porrectum, Cinnamomum scortechinii
18. Coelostegia borneensis, Coelostegia griffithii Punggai (Peninsular)/Durian hantu (Sarawak)
19. Cratoxylum arborescens, Cratoxylum glaucum Geronggang
20. Dacrydium beccarii, Dacrydium comosum, Dacrydium Sempilor/Ekor (Peninsular)
elatum, Dacrydium gibbsiae
21. Dactylocladus stenostachys Jongkong
22. Dillenia borneensis, Dillenia excelsa, Dillenia Simpoh (Peninsular)/Buan (Sarawak)
grandifolia, Dillenia pulchella, Dillenia reticulata
23. Dipterocarpus acutangulus, Dipterocarpus Keruing
applanatus, Dipterocarpus elongates, Dipterocarpus
baudii, Dipterocarpus caudiferus, Dipterocarpus
chartaceus, Dipterocarpus concavus, Dipterocarpus
cornutus, Dipterocarpus confertus, Dipterocarpus
conformis, Dipterocarpus costatus, Dipterocarpus
costulatus, Dipterocarpus crinitus, Dipterocarpus
dyeri, Dipterocarpus elongatus, Dipterocarpus
eurynchus, Dipterocarpus fagineus, Dipterocarpus
geniculatus, Dipterocarpus gracilis, Dipterocarpus
grandiflorus, Dipterocarpus hasseltii, Dipterocarpus
humeratus, Dipterocarpus kerrii, Dipterocarpus
kunstleri, Dipterocarpus lamellatus, Dipterocarpus
lowii, Dipterocarpus obtusifolius, Dipterocarpus
oblongifolius, Dipterocarpus ochraceus, Dipterocarpus
pachyphyllus, Dipterocarpus palembanicus,
Dipterocarpus pseudofagineus, Dipterocarpus
rigidus, Dipterocarpus rotundifolius, Dipterocarpus
sarawakensis, Dipterocarpus semivestitus, Dipterocarpus
sublamellatus, Dipterocarpus stellatus, Dipterocarpus
validus, Dipterocarpus verrucosus
24. Dryobalanops aromatica, Dryobalanops beccarii, Kapur
Dryobalanops fusca, Dryobalanops keithii, Dryobalanops
lanceolata, Dryobalanops oblongifolia, Dryobalanops
rappa
25. Duabanga moluccana, Duabanga grandiflora Magasawih/Sawih (Sarawak) Magas (Sabah)/Berembang bukit (Peninsular)/Tagahas (Sabah)
26. Durio carinatus, Durio grandiflorus, Durio graveolens, Durian
Durio lowianus, Durio malaccensis, Durio oxleyanus,
Durio singaporensis, Durio wyatt-smithii, Durio
zibethinus
27. Dyera costulata, Dyera polyphylla Jelutong
28. Endospermum diadenum, Sesenduk (Peninsular)/ Senduk-senduk mata/ Marapangi (Sabah)/Terbulan (Sarawak)
Endospermum peltatum
29. Eucalyptus deglupta, Eucalyptus grandis, Eucalyptus Eucalyptus
camadulensis, Eucalyptus pellita, Eucalyptus tereticornis,
Eucalyptus hybrids
30. Eusideroxylon zwageri Belian
31. Fagraea crenulata Malabera/Malabira (Sabah)
32. Gigantochloa levis Buluh beting/Buluh poring
Gigantochloa ligulata Buluh tumpat
Bambusa blumeana Buluh duri
Dendrocalamus asper Buluh betong
33. Gmelina arborea Yemane
34. Gonystylus affinis, Gonystylus bancanus, Gonystylus Ramin
brunnescens, Gonystylus confuses, Gonystylus
maingayi
35. Hevea brasiliensis Rubber/Getah (Klon Lateks Balak)
36. Heritiera albiflora, Heritiera aurea, Heritiera borneensis, Mengkulang/Dungun/ Kembang (Sabah)
Heritiera globosa, Heritiera javanica, Heritiera littoralis,
Heritiera simplicifolia, Heritiera sumatrana
37. Hopea apiculata, Hopea auriculata, Hopea beccariana, Merawan/Selangan (Sabah)
Hopea bilitonensis, Hopea bracteata, Hopea coriaceae,
Hopea dryobalanoides, Hopea dyeri, Hopea ferrea,
Hopea ferruginea, Hopea glaucescens, Hopea griffithii,
Hopea helferi, Hopea johorensis, Hopea mengarawan,
Hopea nervosa, Hopea nutans, Hopea odorata, Hopea
latifolia, Hopea pachycarpa, Hopea pedicellata, Hopea
pierrei, Hopea polyalthioides, Hopea pubescens, Hopea
sangal, Hopea semicuneata, Hopea subalata, Hopea
sublanceolata, Hopea sulcata
38. Ilex cissoidea, Ilex cymosa Mensirah (Peninsular)/ Kerdam (Sarawak)/Morogis (Sabah)
39. Intsia palembanica, Intsia bijuga Merbau
40. Khaya ivorensis, Khaya
Khaya senegalensis
41. Kokoona littoralis, Kokoona ochracea, Kokoona ovata- Mata ulat (Peninsular)/Bajan (Sarawak)/Perupok Kuning (Sabah)
lanceolata, Kokoona reflexa
42. Koompassia malaccensis Kempas (Peninsular)/Menggaris (Sarawak) Tapang(Sarawak)
43. Macaranga beccariana, Macaranga conifera, Macaranga Mahang (Peninsular)/ Merkubong (Sarawak)/ Merkubong (Sabah)
gigantea, Macaranga hosei, Macaranga hypoleuca,
Macaranga lowii, Macaranga pruinosa, Macaranga
tanarius, macaranga triloba, Macaranga winkleri
44. Maesopsis eminii Maesopsis
45. Mallotus macrostachyus, Mallotus leucodermis, Mallotus Balek angin, Mallotus dau/Dahu (Sabah)
miquelianus, Mallotus muticus, Mallotus penangensis,
Mallotus philippensis, Mallotus wrayi
46. Mangifera applanata, Mangifera caesa, Mangifera Machang (Peninsular)/ Embang (Sarawak) Beluno/ Bambangan/Mangga (Sabah)
foetida, Mangifera griffthii, Mangifera indica, Mangifera
longipetiolata, Mangifera laurina, Mangifera odorata,
Mangifera pajang, Mangifera parviflora, Mangifera
quadrifida, Mangifera torquenda
47. Neobalanocarpus heimii Chengal
48. Neolamarckia cadamba, Anthocephalus chinensis Kelempayan (Peninsular)/ Laran (Peninsular, Sabah)/ Selimpoh (Sarawak)
49. Octomeles sumatrana Binuang
50. Palaquium clarkeanum, Palaquium gutta, Palaquium Nyatoh
hexandrum, Palaquium hispidum, Palaquium
impressinervium, Palaquium maingayi, Palaquium
microphyllum, Palaquium obovatum, Palaquium
oxleyanum, Palaquium regina-montium, Palaquium
rostratum, Palaquium semaram, Palaquium
xanthochymum
51. Paraserianthes falcataria, Albizia falcataria, Albizia Batai/Kayu machis/Kungkur (Sabah)
chinensis, Albizia lebbek, Albizia acle, Albizia
pedicellata, Albizia procera
52. Parashorea densiflora, Parashorea globosa, Urat mata/Gerutu
Parashorea stellata, Parashorea parvifolia, Parashorea
smythiesii
53. Parkia speciosa, Parkia singularis, Parkia Petai/Kupang (Sabah)
timoriana
54. Pentace adenophora, Pentace curtisii, Pentace laxiflora, Melunak (Peninsular)/Baru (Sarawak)/Takalis (Sabah)
Pentace macrophylla, Pentace triptera
55. Pentaspadon motleyi, Pentaspadon velutinus Pejon/Pelajau
56. Peronema canescens Sungkai
57. Pinus caribaea, Pinus insularis, Pinus merkusii, Pine
Pinus kesiya
58. Pithecellobium splendens Kungkur
59. Pterospermum diversifolium, Pterospermum jackianum, Bayor
Pterospermum subpeltatum
60. Pterocarpus dalbergioides, Pterocarpus indicus, Angsana/Sena/Narra
Pterocarpus macrocarpus, Pterocarpus marsupium,
Pterocarpus santalinus
61. Pterocymbium tinctorium, Pterocymbium javanicum Melembu/Teluto
62. Pterospermum javanicum Bayor Batu
63. Sandoricum beccarianum, Sandoricum koetjape Kelampu (Sarawak)/Sentul (Peninsular, Sabah)
64. Santiria apiculata, Santiria conferta, Santiria Kedondong (Peninsular)/ Seladah (Sarawak)
tomentosa
65. Scaphium linearicarpum, Scaphium longiflorum, Kembang semangkok
Scaphium macropodum, Scaphium scaphigerum
66. Schima wallichii Gegatal/Gatal-gatal (Sabah)
67. Scorodocarpus borneensis Kulim (Peninsular)/Bawang hutan (Sabah)/Ungsunah (Sarawak)
68. Shorea acuminata, Shorea albida, Shorea almon, Shorea Meranti/Seraya (Sabah)
andulensis, Shorea argentifolia, Shorea assamica, Shorea
bracteolata, Shorea dasyphylla, Shorea fallax, Shorea
henryana, Shorea hopeifolia, Shorea hypochra, Shorea
laxa, Shorea leprosula, Shorea macroptera, Shorea
myrionerva, Shorea ochrophloia, Shorea ovalis, Shorea
ovata, Shorea parvifolia, Shorea parvistipulata, Shorea
pauciflora, Shorea platyclados, Shorea polyandra,
Shorea quadrinervis, Shorea revolute, Shorea retusa,
Shorea roxburghii, Shorea rubra, Shorea rugosa, Shorea
scabrida, Shorea slootenii, Shorea smithiana, Shorea
talura, Shorea teysmanniana, Shorea waltonii
69. Shorea macrophylla Engkabang jantong
Shorea pinanga, Engkabang langgai bukit
Shorea palembanica Engkabang asu
Shorea splendida Engkabang bintang
Shorea macrantha Engkabang bungkus
Shorea hemsyleyana Engkabang gading
Shorea stenoptera, Engkabang rusa
Shorea seminis Engkabang terendak
and other Engkabang Kawang (Sabah) species
70. Sindora coriacea, Sindora echinocalyx, Sindora Sepetir (Peninsular)/Tampar hantu (Sarawak)
siamensis, Sindora velutina, Sindora wallichii
71. Swietenia macrophylla Mahogany
72. Tectona grandis Teak/Jati
73. Terminalia bellirica, Terminalia calamansanai, Talisai (Sabah)/Jelawai/ Jaha (Peninsular)/Kedandi (Sarawak)
Terminalia catappa, Terminalia citrina, Terminalia
copelandii, Terminalia foetidissima, Terminalia
phellocarpa, Terminalia subspathulata
74. Tetramerista glabra Punah (Peninsular)/Kayu hujan (Sarawak)/Tuyot (Sabah)
75. Toona calantas, Toona ciliata, Toona sinensis, Toona Surian/Limpaga/Red cedar
sureni
76. Vatica albiramis, Vatica bella, Vatica cinerea, Vatica Resak
cuspida, Vatica dulitensis, Vatica flavida, Vatica
havilandii, Vatica heroptera, Vatica lowii, Vatica
maingayi, Vatica mangachapoi, Vatica maritima,
Vatica micrantha, Vatica nitens, vatica oblongifolia,
Vatica odorata, Vatica pauciflora, Vatica rassak, Vatica
sarawakensis, Vatica scortechinii, Vatica venulosa
Made 23 November 2009
[CR (8.09) 294/6/4-9 (SJ. 9) (2010); LHDN. 01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
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]
Citation and commencement
1. (1) This order may be cited as the Income Tax (Exemption) (No. 10) Order 2009.
(2) This Order is deemed to have come into operation on 21 May 2003 and shall have effect to the extent of its application for the purposes of subparagraph 3(b) and subparagraph 4(1).
Interpretation
2. In this Order—
“forest plantation project” means a forest plantation project for species as specified in the Schedule;
“new forest plantation project” means the first approved forest plantation project undertaken by a company;
“expansion forest plantation project” means a project involving new investment undertaken by a company in expanding its approved forest plantation project and the approved forest plantation project has not been granted any tax exemption under this Order or the Income Tax (Exemption) (No. 11) Order 2009;
“approved project” means a project which fulfills the condition in paragraph 3;
“company” means a company—
(a) incorporated under the Companies Act 1965 [Act 125] and resident in Malaysia; and
(b) undertaking a new project or an expansion project.
Approved project
3. A project undertaken by a company is qualified for an exemption under this Order if such project fulfills the following conditions:
(a) the project is a forest plantation project or an expansion forest plantation project; and
(b) the application for the new forest plantation project or the expansion forest plantation project relating to the project referred to in subparagraph (a) is made to the Minister, through the Minister charged with responsibility for that project, on or after 21 May 2003 but not later than 31 December 2011.
Exemption
4. (1) Subject to subparagraph (2), the Minister exempts a company from the payment of income tax in relation to—
(a) a new forest plantation project for a period of ten consecutive years of assessment (referred to in this Order as the “exempt years of assessment”) in respect of the statutory income, commencing from the first year of assessment in which the company derived statutory income from that new forest plantation project; or
(b) an expansion forest plantation project for a period of five consecutive years of assessment (referred to in this Order as the “exempt years of assessment”) in respect of the statutory income from its existing approved project and expansion project, commencing from the first year of assessment in which the company derived statutory income from the existing approved project and expansion project, as the case may be, and that first year of assessment shall not be earlier than the year of assessment in the basis period in which the date of approval from the Minister falls.
(2) The statutory income of the project referred to in subparagraph (1) in the basis period for each of the exempt years of assessment shall be determined after deducting allowances which fall to be made under Schedule 3 of the Act notwithstanding that no claim for such allowances has been made.
(3) Where an asset used for the purpose of the project referred to in subparagraph (1) is also used for the purpose of a project or business other than that project, the allowances which fall to be made under Schedule 3 of the Act shall be deducted as is reasonable having regard to the extent to which the asset is used for the purpose of the new project or expansion project, as the case may be.
(4) Nothing in subparagraph (1) shall absolve or is deemed to have absolved the company from complying with any requirement to submit any return or statement of accounts or to furnish any other information under the provision of the Act.
Losses
5. (1) Any amount of adjusted loss incurred—
(a) from the year of assessment in the basis period in which the project referred to in subparagraph 4(1) has commenced to the year of assessment immediately prior to the exempt years of assessment;
and
(b) during the exempt years of assessment, shall be carried forward and deducted against the statutory income of the project referred to in subparagraph 4(1) in its post-exempt year or years of assessment until such project has utilized the whole amount of the adjusted loss to which it is so entitled.
(2) The amount of the adjusted loss that was utilized to reduce the statutory income of the project referred to in subparagraph 4(1) in its post-exempt year or years of assessment shall be disregarded for the purposes of subsections 43(2) and 44(2) of the Act.
Capital allowance
6. For the purpose of this Order, Schedule 3 of the Act shall apply.
Withdrawal of tax exemption
7. The Minister may withdraw the exemption on the statutory income of the project referred to in subparagraph 4(1) if a company fails to comply with the conditions imposed by the Minister.
Separate account
8. A company which is exempted under subparagraph 4(1) shall maintain a separate account for the income derived from the project referred to in that subparagraph.
Application of paragraphs 5 and 6 of Schedule 7A of the Act
9. Paragraphs 5 and 6 of Schedule 7A of the Act shall apply, mutatis mutandis, to the amount of statutory income exempted from the project referred to in subparagraph 4(1).
Non-application
10. This Order shall not apply to—
(a) a new project or an expansion project, that commences after one year from the date of approval or after such extended period approved by the Minister;
(b) a company in the basis period for a year of assessment if that company for that year of assessment—
(i) has been granted any incentive under the Promotion of Investments Act 1986 [Act 327];
(ii) has made a claim for reinvestment allowance under Schedule 7A of the Act;
(iii) has been granted an exemption under paragraph 127(3)(b) or subsection 127(3A) of the Act; or
(iv) has qualified for a deduction under any rules made under section 154 of the Act including any rules that provides higher fraction for an asset for the purpose of qualifying plant expenditure under Schedule 3 of the Act.
SCHEDULE
Item Specie Local Name
1. Acacia mangium, Acacia auriculiformis, Acacia hybrids Acacia
2. Agathis borneensis Damar minyak (Peninsular)/Bindang (Sarawak)/Mengilan (Sabah)
3. Alstonia angustifolia, Alstonia angustiloba, Alstonia Pulai (Peninsular)/Pelai (Sarawak)
macrophylla, Alstonia pneumatophora, Alstonia
scholaris, Alstonia spatulata
4. Anisoptera costata, Anisoptera curtisii, Anisoptera Mersawa/Pengiran (Sabah)
grossivenia, Anisoptera laevis, Anisoptera marginata,
Anisoptera megistocarpa, Anisoptera scaphula
5. Araucaria cunninghamii Hoop pine
Araucarai hunstenii Klinki pine
6. Artocarpus altilis, Artocarpus elasticus, Artocarpus Cempedak/Terap
lowii, Artocarpus odoratissima, Artocarpus scortechinii,
Artocarpus tamaran, Artocarpus teysmannii
7. Azadirachta excelsa Sentang (Peninsular)/Ranggu (Sabah, Sarawak)
8. Bischofia javanica Javan cedar/Jitang/Tuai
9. Calamus manan Rotan manau
Calamus caesius Rotan sega
10. Calophyllum biflorum, Calophyllum calaba, Calophyllum Bintangor
canum, Calophyllum coriaceum, Calophyllum
depressinervosum, Calophyllum ferrugineum,
Calophyllum inophyllum, Calophyllum macrocarpum,
Calophyllum pulcherrimum, Calophyllum sclerophyllum,
Calophyllum symingtonianum, Calophyllum tetrapterum,
Calophyllum teysmannii, Calophyllum wallichianum
11. Campnosperma auriculatum, Campnosperma coriaceum, Terentang
Campnosperma squamatum
12. Cananga odorata Kenanga
13. Canarium apertum, Canarium littorale, Canarium Kedondong (Peninsular)/ Seladah (Sarawak)
pseudosumatranum
14. Casuarina cunninghamiana, Casuarina equisetifolia, Rhu/Jemara/Chemara
Casuarina glauca, Casuarina junghuhniana
15. Ceiba pentandra, Bombax ceiba, Bombax valetonii Kapok (Sabah)/Kekabu
16. Chukrasia tabularis Surian batu
17. Cinnamomum altissimum, Cinnamomum iners, Pokok Teja/Medang teja/ Medang
Cinnamomum sintoc, Cinnamomum javanicum,
Cinnamomum porrectum, Cinnamomum scortechinii
18. Coelostegia borneensis, Coelostegia griffithii Punggai (Peninsular)/Durian hantu (Sarawak)
19. Cratoxylum arborescens, Cratoxylum glaucum Geronggang
20. Dacrydium beccarii, Dacrydium comosum, Dacrydium Sempilor/Ekor (Peninsular)
elatum, Dacrydium gibbsiae
21. Dactylocladus stenostachys Jongkong
22. Dillenia borneensis, Dillenia excelsa, Dillenia Simpoh (Peninsular)/Buan (Sarawak)
grandifolia, Dillenia pulchella, Dillenia reticulata
23. Dipterocarpus acutangulus, Dipterocarpus Keruing
applanatus, Dipterocarpus elongates, Dipterocarpus
baudii, Dipterocarpus caudiferus, Dipterocarpus
chartaceus, Dipterocarpus concavus, Dipterocarpus
cornutus, Dipterocarpus confertus, Dipterocarpus
conformis, Dipterocarpus costatus, Dipterocarpus
costulatus, Dipterocarpus crinitus, Dipterocarpus
dyeri, Dipterocarpus elongatus, Dipterocarpus
eurynchus, Dipterocarpus fagineus, Dipterocarpus
geniculatus, Dipterocarpus gracilis, Dipterocarpus
grandiflorus, Dipterocarpus hasseltii, Dipterocarpus
humeratus, Dipterocarpus kerrii, Dipterocarpus
kunstleri, Dipterocarpus lamellatus, Dipterocarpus
lowii, Dipterocarpus obtusifolius, Dipterocarpus
oblongifolius, Dipterocarpus ochraceus, Dipterocarpus
pachyphyllus, Dipterocarpus palembanicus,
Dipterocarpus pseudofagineus, Dipterocarpus
rigidus, Dipterocarpus rotundifolius, Dipterocarpus
sarawakensis, Dipterocarpus semivestitus, Dipterocarpus
sublamellatus, Dipterocarpus stellatus, Dipterocarpus
validus, Dipterocarpus verrucosus
24. Dryobalanops aromatica, Dryobalanops beccarii, Kapur
Dryobalanops fusca, Dryobalanops keithii, Dryobalanops
lanceolata, Dryobalanops oblongifolia, Dryobalanops
rappa
25. Duabanga moluccana, Duabanga grandiflora Magasawih/Sawih (Sarawak) Magas (Sabah)/Berembang bukit (Peninsular)/Tagahas (Sabah)
26. Durio carinatus, Durio grandiflorus, Durio graveolens, Durian
Durio lowianus, Durio malaccensis, Durio oxleyanus,
Durio singaporensis, Durio wyatt-smithii, Durio
zibethinus
27. Dyera costulata, Dyera polyphylla Jelutong
28. Endospermum diadenum, Sesenduk (Peninsular)/ Senduk-senduk mata/ Marapangi (Sabah)/Terbulan (Sarawak)
Endospermum peltatum
29. Eucalyptus deglupta, Eucalyptus grandis, Eucalyptus Eucalyptus
camadulensis, Eucalyptus pellita, Eucalyptus tereticornis,
Eucalyptus hybrids
30. Eusideroxylon zwageri Belian
31. Fagraea crenulata Malabera/Malabira (Sabah)
32. Gigantochloa levis Buluh beting/Buluh poring
Gigantochloa ligulata Buluh tumpat
Bambusa blumeana Buluh duri
Dendrocalamus asper Buluh betong
33. Gmelina arborea Yemane
34. Gonystylus affinis, Gonystylus bancanus, Gonystylus Ramin
brunnescens, Gonystylus confuses, Gonystylus
maingayi
35. Hevea brasiliensis Rubber/Getah (Klon Lateks Balak)
36. Heritiera albiflora, Heritiera aurea, Heritiera borneensis, Mengkulang/Dungun/ Kembang (Sabah)
Heritiera globosa, Heritiera javanica, Heritiera littoralis,
Heritiera simplicifolia, Heritiera sumatrana
37. Hopea apiculata, Hopea auriculata, Hopea beccariana, Merawan/Selangan (Sabah)
Hopea bilitonensis, Hopea bracteata, Hopea coriaceae,
Hopea dryobalanoides, Hopea dyeri, Hopea ferrea,
Hopea ferruginea, Hopea glaucescens, Hopea griffithii,
Hopea helferi, Hopea johorensis, Hopea mengarawan,
Hopea nervosa, Hopea nutans, Hopea odorata, Hopea
latifolia, Hopea pachycarpa, Hopea pedicellata, Hopea
pierrei, Hopea polyalthioides, Hopea pubescens, Hopea
sangal, Hopea semicuneata, Hopea subalata, Hopea
sublanceolata, Hopea sulcata
38. Ilex cissoidea, Ilex cymosa Mensirah (Peninsular)/ Kerdam (Sarawak)/Morogis (Sabah)
39. Intsia palembanica, Intsia bijuga Merbau
40. Khaya ivorensis, Khaya
Khaya senegalensis
41. Kokoona littoralis, Kokoona ochracea, Kokoona ovata- Mata ulat (Peninsular)/Bajan (Sarawak)/Perupok Kuning (Sabah)
lanceolata, Kokoona reflexa
42. Koompassia malaccensis Kempas (Peninsular)/Menggaris (Sarawak) Tapang(Sarawak)
43. Macaranga beccariana, Macaranga conifera, Macaranga Mahang (Peninsular)/ Merkubong (Sarawak)/ Merkubong (Sabah)
gigantea, Macaranga hosei, Macaranga hypoleuca,
Macaranga lowii, Macaranga pruinosa, Macaranga
tanarius, macaranga triloba, Macaranga winkleri
44. Maesopsis eminii Maesopsis
45. Mallotus macrostachyus, Mallotus leucodermis, Mallotus Balek angin, Mallotus dau/Dahu (Sabah)
miquelianus, Mallotus muticus, Mallotus penangensis,
Mallotus philippensis, Mallotus wrayi
46. Mangifera applanata, Mangifera caesa, Mangifera Machang (Peninsular)/ Embang (Sarawak) Beluno/ Bambangan/Mangga (Sabah)
foetida, Mangifera griffthii, Mangifera indica, Mangifera
longipetiolata, Mangifera laurina, Mangifera odorata,
Mangifera pajang, Mangifera parviflora, Mangifera
quadrifida, Mangifera torquenda
47. Neobalanocarpus heimii Chengal
48. Neolamarckia cadamba, Anthocephalus chinensis Kelempayan (Peninsular)/ Laran (Peninsular, Sabah)/ Selimpoh (Sarawak)
49. Octomeles sumatrana Binuang
50. Palaquium clarkeanum, Palaquium gutta, Palaquium Nyatoh
hexandrum, Palaquium hispidum, Palaquium
impressinervium, Palaquium maingayi, Palaquium
microphyllum, Palaquium obovatum, Palaquium
oxleyanum, Palaquium regina-montium, Palaquium
rostratum, Palaquium semaram, Palaquium
xanthochymum
51. Paraserianthes falcataria, Albizia falcataria, Albizia Batai/Kayu machis/Kungkur (Sabah)
chinensis, Albizia lebbek, Albizia acle, Albizia
pedicellata, Albizia procera
52. Parashorea densiflora, Parashorea globosa, Urat mata/Gerutu
Parashorea stellata, Parashorea parvifolia, Parashorea
smythiesii
53. Parkia speciosa, Parkia singularis, Parkia Petai/Kupang (Sabah)
timoriana
54. Pentace adenophora, Pentace curtisii, Pentace laxiflora, Melunak (Peninsular)/Baru (Sarawak)/Takalis (Sabah)
Pentace macrophylla, Pentace triptera
55. Pentaspadon motleyi, Pentaspadon velutinus Pejon/Pelajau
56. Peronema canescens Sungkai
57. Pinus caribaea, Pinus insularis, Pinus merkusii, Pine
Pinus kesiya
58. Pithecellobium splendens Kungkur
59. Pterospermum diversifolium, Pterospermum jackianum, Bayor
Pterospermum subpeltatum
60. Pterocarpus dalbergioides, Pterocarpus indicus, Angsana/Sena/Narra
Pterocarpus macrocarpus, Pterocarpus marsupium,
Pterocarpus santalinus
61. Pterocymbium tinctorium, Pterocymbium javanicum Melembu/Teluto
62. Pterospermum javanicum Bayor Batu
63. Sandoricum beccarianum, Sandoricum koetjape Kelampu (Sarawak)/Sentul (Peninsular, Sabah)
64. Santiria apiculata, Santiria conferta, Santiria Kedondong (Peninsular)/ Seladah (Sarawak)
tomentosa
65. Scaphium linearicarpum, Scaphium longiflorum, Kembang semangkok
Scaphium macropodum, Scaphium scaphigerum
66. Schima wallichii Gegatal/Gatal-gatal (Sabah)
67. Scorodocarpus borneensis Kulim (Peninsular)/Bawang hutan (Sabah)/Ungsunah (Sarawak)
68. Shorea acuminata, Shorea albida, Shorea almon, Shorea Meranti/Seraya (Sabah)
andulensis, Shorea argentifolia, Shorea assamica, Shorea
bracteolata, Shorea dasyphylla, Shorea fallax, Shorea
henryana, Shorea hopeifolia, Shorea hypochra, Shorea
laxa, Shorea leprosula, Shorea macroptera, Shorea
myrionerva, Shorea ochrophloia, Shorea ovalis, Shorea
ovata, Shorea parvifolia, Shorea parvistipulata, Shorea
pauciflora, Shorea platyclados, Shorea polyandra,
Shorea quadrinervis, Shorea revolute, Shorea retusa,
Shorea roxburghii, Shorea rubra, Shorea rugosa, Shorea
scabrida, Shorea slootenii, Shorea smithiana, Shorea
talura, Shorea teysmanniana, Shorea waltonii
69. Shorea macrophylla Engkabang jantong
Shorea pinanga, Engkabang langgai bukit
Shorea palembanica Engkabang asu
Shorea splendida Engkabang bintang
Shorea macrantha Engkabang bungkus
Shorea hemsyleyana Engkabang gading
Shorea stenoptera, Engkabang rusa
Shorea seminis Engkabang terendak
and other Engkabang Kawang (Sabah) species
70. Sindora coriacea, Sindora echinocalyx, Sindora Sepetir (Peninsular)/Tampar hantu (Sarawak)
siamensis, Sindora velutina, Sindora wallichii
71. Swietenia macrophylla Mahogany
72. Tectona grandis Teak/Jati
73. Terminalia bellirica, Terminalia calamansanai, Talisai (Sabah)/Jelawai/ Jaha (Peninsular)/Kedandi (Sarawak)
Terminalia catappa, Terminalia citrina, Terminalia
copelandii, Terminalia foetidissima, Terminalia
phellocarpa, Terminalia subspathulata
74. Tetramerista glabra Punah (Peninsular)/Kayu hujan (Sarawak)/Tuyot (Sabah)
75. Toona calantas, Toona ciliata, Toona sinensis, Toona Surian/Limpaga/Red cedar
sureni
76. Vatica albiramis, Vatica bella, Vatica cinerea, Vatica Resak
cuspida, Vatica dulitensis, Vatica flavida, Vatica
havilandii, Vatica heroptera, Vatica lowii, Vatica
maingayi, Vatica mangachapoi, Vatica maritima,
Vatica micrantha, Vatica nitens, vatica oblongifolia,
Vatica odorata, Vatica pauciflora, Vatica rassak, Vatica
sarawakensis, Vatica scortechinii, Vatica venulosa
Made 23 November 2009
[CR (8.09) 294/6/4-9 (SJ. 9) (2010); LHDN. 01/35/(S)/42/51/231-17.11;
PN(PU2)80/LVIII]
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]
STAMP DUTY (REMISSION) ORDER 2009
STAMP DUTY (REMISSION) ORDER 2009
IN exercise of the powers conferred by subsection 80(2) of the Stamp Act 1949 [Act 378], the Minister makes the following order:
Citation and commencement
1. (1) This order may be cited as the Stamp Duty (Remission) Order 2009.
(2) This Order is deemed to have come into operation on 15 September 2009.
Remission
2. The amount of duty which is chargeable under subsubitem 22(1)(b) of the First Schedule of the Act that is in excess of fifty ringgit is remitted relating to any instrument of service agreement executed between 15 September 2009 until 31 December 2010 which is subject to stamp duty that is in excess of fifty ringgit.
Made 3 November 2009
[Perb.CR(8.09)248/39/7-217 Jld. 7 (SK. 3); LHDN.01/32.3/42/68-180-2(2009);
PN(PU2)159/XXXV]
DATO’ SERI HAJI AHMAD HUSNI BIN MOHAMAD HANADZLAH
Second Minister of Finance
IN exercise of the powers conferred by subsection 80(2) of the Stamp Act 1949 [Act 378], the Minister makes the following order:
Citation and commencement
1. (1) This order may be cited as the Stamp Duty (Remission) Order 2009.
(2) This Order is deemed to have come into operation on 15 September 2009.
Remission
2. The amount of duty which is chargeable under subsubitem 22(1)(b) of the First Schedule of the Act that is in excess of fifty ringgit is remitted relating to any instrument of service agreement executed between 15 September 2009 until 31 December 2010 which is subject to stamp duty that is in excess of fifty ringgit.
Made 3 November 2009
[Perb.CR(8.09)248/39/7-217 Jld. 7 (SK. 3); LHDN.01/32.3/42/68-180-2(2009);
PN(PU2)159/XXXV]
DATO’ SERI HAJI AHMAD HUSNI BIN MOHAMAD HANADZLAH
Second Minister of Finance
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