INCOME TAX (EXEMPTION) (NO. 12) ORDER 2002 [P.U.(A) 60]


INCOME TAX (EXEMPTION) (NO. 12) ORDER 2002 [P.U.(A) 60]

 

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.12) Order 2002.

 

      (2)  This Order shall have effect from the year of assessment 2002.

 

 

Interpretation

 

2.   In this Order, unless the context otherwise requires —

 

“value of increased exports ” means the difference of free on board value of goods and commodities exported in a basis period and that of the immediately preceding basis period;

 

“export sales ” means sales derived from exports of local and imported goods and commodities, but does not include trading commissions and profits derived from trading at the Commodity Exchange and sales to Free Industrial Zone and Licensed Manufacturing Warehouses;

 

“Malaysia External Trade Development Corporation ” means the corporation established under section 3 of the Malaysia External Trade Development Corporation Act 1992 [Act 490];

 

“Malaysian International Trading Company ” means a company approved by the Malaysia External Trade Development Corporation.

 

 

Exemption

 

3.   (1)  The Minister exempts a Malaysian International Trading Company from the payment of income tax in respect of income derived from export sales in the basis period for a year of assessment,in the amount and manner prescribed in paragraph 4 subject to the conditions stipulated in paragraph 6.

 

(2)  The exemption under subparagraph (1) shall be granted to the Malaysian International Trading Company for five consecutive years of assessment beginning from the year of assessment in which that company first qualified for the exemption.

 

 

Amount of Income to be exempt

 

4.   (1)  The amount of income referred to in paragraph 3 shall be equal to 10 per cent of the value of increased exports.

 

(2)  Where an amount of income equivalent to 10 per cent of the value of increased exports has been determined for a year of assessment,so much of the statutory income of the business of the Malaysian International Trading Company for that year of assessment as is equal to that value of increased exports (or to the aggregate amount of any such value of increased export, as the case may be) but not exceeding 70 per cent of the statutory income shall be exempted from tax.

 

 

Insufficiency of income

 

5.     Where by reason of the restriction of 70 per cent of the statutory income or of an insufficiency or absence of statutory income from a business of the Malaysian International Trading Company for the basis period for a year of assessment,effect cannot be given or cannot be given in full to the amount of the determined value of increased exports to which the Malaysian International Trading Company is entitled under paragraph 4 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 Malaysian International Trading Company 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 Malaysian International Trading Company has received the whole of the amount or the aggregate amount to which it is so entitled.

 

 

Conditions for exemption

 

6.   To qualify for the exemption under paragraph 3,the Malaysian International Trading Company claiming the exemption shall obtain a letter from the Malaysia External Trade Development Corporation certifying that the following conditions have been fulfilled:

 

(a)     that the company is incorporated in Malaysia and at least 60 per cent of the issued share capital of the company is Malaysian owned;

 

(b)     that the company has achieved annual sales of more than RM10 million;

 

(c)     that not more than 20 per cent of the Company’s annual sales is derived from the trading of commodities; and

 

(d)     that the company uses local services for the purposes of banking, finance and insurance and uses local ports and airports.

 

 

Application of paragraphs 5 and 6 of Schedule 7A

 

7.   Paragraphs 5 and 6 of Schedule 7A to the Act shall apply mutatis mutandis to the amount of income exempted under paragraph 3.

 

Made 24 January 2002.

[Perb. 0.3865/73 (SJ51); LHDN.01/35/(S)/42/51/231-2; PN(PU2) 80/XXXI]

 

On behalf and in the name of the Minister of Finance,

CHAN KONG CHOY

Deputy Minister of Finance

 

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

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