INCOME TAX (EXEMPTION) (NO. 16) ORDER 2002

INCOME TAX (EXEMPTION) (NO. 16) ORDER 2002

(Gazetted on 13 April, 2002)

 

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.16) Order 2002.

       

      (2)   This Order shall be deemed to have come into operation on 20 October 2001.

 

Interpretation

 

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

 

      “registered institution” means any private higher educational institution registered under section 24 of the Private Higher Educational Institutions Act 1996 [Act 555];

 

      “franchisor” has the meaning as defined under section 4 of the Franchise Act 1998 [Act 590] in relation to conducting a course of study or training programme jointly or in affiliation,association or collaboration with any University, University College, higher educational institution, whether public or private, or professional body, outside Malaysia as specified under section 38 of the Private Higher Educational Institutions Act 1996;

 

      “approved programme” means a course of study or training programme approved under section 38 of the Private Higher Educational Institutions Act 1996.

 

Exemption

 

3.   The Minister exempts a non-resident franchisor from the payment of income tax in respect of royalty received from a registered institution in relation to an approved programme.

 

Non-application

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

 

Made 2 April 2002.

[Perb.CR(8.20)116/1-138 (2002) Vol. 2 (SK.4); LHDN.01/35/(S)42/51/231-10; PN(PU²)80/XXXII]

 

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]