INCOME TAX (QUALIFYING PLANT ANNUAL ALLOWANCES)(COST OF PROVISION OF COMPUTER SOFTWARE) RULES 1999

INCOME TAX (QUALIFYING PLANT ANNUAL ALLOWANCES)(COST OF PROVISION OF COMPUTER SOFTWARE) RULES 1999

 

IN exercise of the powers conferred by paragraphs 154(1)(b) and (f) 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 (Qualifying Plant Allowances) (Cost of Provision of Computer Software) Rules 1999.

(2)     These Rules shall have effect for the year of assessment 1999 and subsequent years of assessment.

Interpretation

2. In these Rules, unless the context otherwise requires, "qualifying plant expenditure" means capital expenditure incurred on the cost of provision of computer software, either the software system or software package.

Initial allowance

3. Initial allowance under paragraph 10 of Schedule 3 to the Act, on qualifying plant expenditure under these Rules, shall be calculated at the rate of twenty per centum.

Annual allowance

4. Annual allowance under paragraph 15 of Schedule 3 to the Act, on qualifying plant expenditure under these Rules, shall be calculated at the rate of forty per centum.

Non-application

5. These Rules shall not apply to qualifying plant expenditure which has been granted the initial and the annual allowances under the Income Tax (Qualifying Plant Allowances) (Computers and Information Technology Equipment) Rules 1998[P.U. (A) 187/98].

 

Made 13 May 1999.

[Perb. SR (8.09) 294/614-7; PN(PU2)80/XXVI; LHDN. 01/35/(S)/42/51182-35.1]

 

DATO' MUSTAPA BIN MOHAMED

Second Minister of Finance

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

Income Tax (Accelerated Capital Allowance) (Plant and Machinery)
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 (Accelerated Capital Allowance) (Plant and Machinery) Rules 2009.

(2) These Rules have effect for the year of assessment 2009 and subsequent years of assessment.


Application

2. These Rules apply to a person—

(a) who is a resident in Malaysia; and

(b) who for the purpose of a business of his incurs qualifying plant expenditure under Schedule 3 of the Act on or after 10 March 2009 but not later than 31 December 2010.


Deeming provision relating to hire purchase agreement

3. Where the person referred to in rule 2 incurs qualifying plant expenditure under a hire purchase agreement, such person shall be taken to be the owner of the plant and machinery in respect of which the qualifying plant expenditure was incurred and that qualifying plant expenditure incurred by such person in the basis period for the year of assessment shall be taken to be the capital portion of any instalment payment (or, where there is more than one such payment, of the aggregate of those payments) made by such person under such hire purchase agreement in that period.


Initial allowance

4. The person referred to in rule 2 qualifies for an initial allowance under paragraph 10 of Schedule 3 of the Act for the qualifying plant expenditure which shall be equal to one-fifth of the expenditure.


Annual allowance

5. The person referred to in rule 2 qualifies for an annual allowance under paragraph 15 of Schedule 3 of the Act for the qualifying plant expenditure which shall be equal to two-fifths of the expenditure.


Non-application

6. These Rules shall not apply to a person who in the period on or after 10 March 2009 but not later than 31 December 2010—

(a) has been granted any incentive under the Promotion of Investments Act 1986 [Act 327];

(b) has made a claim for reinvestment allowance under Schedule 7A of the Act;

(c) has been granted any exemption under paragraph 127(3)(b) or subsection 127(3A) of the Act; or

(d) qualifies for an allowance at a higher fraction under the Act or any rules made under section 154 of the Act.


Made 10 March 2009

[Perb.0.3865/410;LHDN 01/35/(S)/42/51/231-17.11;PN(PU2)80/LIV]

Tan Sri Nor Md bin Yakcop
Second Minister of Finance

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

INCOME TAX (ACCELERATED CAPITAL ALLOWANCES) (REINVESTMENT IN A QUALIFYING PROJECT) RULES 2000

INCOME TAX (ACCELERATED CAPITAL ALLOWANCES) (REINVESTMENT IN A QUALIFYING PROJECT) RULES 2000

IN exercise of the powers conferred by paragraph 154(1) (b) and section 42 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 (Accelerated Capital Allowances) (Reinvestment In a Qualifying Project) Rules 2000.
(2) These Rules shall have effect from the year of assessment 2001.
Application
2. These Rules shall apply in respect of the qualifying plant expenditure incurred on the provision of plant or machinery for the purposes of a qualifying project in respect of a promoted activity or a promoted product or an agricultural project and used for the purposes of the business.
Interpretation
3. For the purposes of these Rules-
"promoted activity or promoted product" means any activity or product promoted under section 4 of the Promotion of Investments Act 1986 [Act 327];
"qualifying plant expenditure" means capital expenditure incurred under paragraph 2 of Schedule 3 to the Act;
"agricultural project" has the meaning as defined under paragraph 8(c) in respect of activities listed under paragraph 9(aa) until (ff) of Schedule 7A to the Act;
"qualifying project" has the meaning as defined under paragraph 8(a) of Schedule 7A to the Act.
Initial allowance
4. The initial allowance under paragraph 10 of Schedule 3 to the Act shall be equal to two-fifths of the qualifying plant expenditure.
Annual allowance
5. The annual allowance under paragraph 15 of Schedule 3 to the Act shall be equal to one-fifth of the qualifying plant expenditure.
Non-application
6. These Rules shall not apply to a company -
(a) for the period during which the company has been granted reinvestment allowance under Schedule 7A to the Act;
(b) for the period during which the company has been given granted pioneer status or investment tax allowance under the Promotion of Investments Act 1986 in respect of the same promoted activity or promoted product;
(c) for the year of assessment in which it fails to submit a copy of the letter from the Malaysian Industrial Development Authority confirming the promoted activity or promoted product undertaken in respect of a qualifying project.

Made 29 December 2000.
[Perb. CR (8. 20) 116/1-138 (2001) Vol. 3 (SK. 1) ; LHDN. 01/35/(S) /42/51/231-2; PN (PU2) 80/XXIX]

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]

INCOME TAX (ACCELERATED CAPITAL ALLOWANCES) (RECYCLING OF WASTES) RULES 2000

INCOME TAX (ACCELERATED CAPITAL ALLOWANCES) (RECYCLING OF WASTES) RULES 2000

IN exercise of the powers conferred by paragraph 154(1) (b) and section 42 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 (Accelerated Capital Allowances) (Recycling Of Wastes) Rules 2000.
(2) These Rules shall have effect from the year of assessment 2001.
Application
2. These Rules shall apply in respect of the qualifying plant expenditure incurred on the provision of plant or machinery for the purposes of the business of a manufacturing company which are used exclusively or otherwise for the recycling of wastes or for the further processing of the wastes into a finished product.
Interpretation
3. For the purposes of these Rules, "qualifying plant expenditure" means capital expenditure incurred under paragraph 2 Schedule 3 to the Act.
Initial allowance
4. The initial allowance under paragraph 10 of Schedule 3 to the Act shall be equal to two-fifths of the qualifying plant expenditure.
Annual allowance
5. The annual allowance under paragraph 15 of Schedule 3 to the Act shall be equal to one-fifth of the qualifying plant expenditure.
Non-application
6. These Rules shall not apply to a company -
(a) for the period during which the company has been granted any incentives (except for deductions for promotion of exports) under the Promotion of Investment Act 1986 [Act 327];
(b) for the period during which the company has been given reinvestment allowance under Schedule 7A to the Act.

Made 29 December 2000.
[Perb. CR (8. 20) 116/1-138 (2001) Vol. 3 (SK. 1) ; LHDN. 01/35/(S) /42/51/231-19; PN (PU2) 80/XXIX]

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 154(2) of the Income Tax Act 1967]

INCOME TAX (DEDUCTION FOR INFORMATION TECHNOLOGY RELATED EXPENDITURE) RULES 2000

INCOME TAX (DEDUCTION FOR INFORMATION TECHNOLOGY RELATED EXPENDITURE) RULES 2000

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 Information Technology-Related Expenditure) Rules 2000.
(2) These Rules shall have effect for the year of assessment 2000 in respect of the basis period ending in the year 2000 (current year basis) and subsequent years of assessment.
Interpretation
2. In these Rules, "information technology-related expenditure" means any operating expenditure on the use of information technology for the improvement of management or production processes.
Deduction
3. For the purposes of ascertaining the adjusted income of a person from his business for the basis period for a year of assessment, there shall be allowed a deduction in respect of any information technology-related expenditure incurred by him in that basis period for that business.
Non-application
4. These Rules shall not apply to-
(a) any expenditure allowable under paragraph 33(1) (a) , 33(1) (b) or 33(1) (c) of the Act;
(b) qualifying plant expenditure which has been granted the initial and annual allowances under the Income Tax (Qualifying Plant Allowances) (Computers and Information Technology Equipment) Rules 1998 [P. U. (A) 187/98];
(c) qualifying plant expenditure which has been granted the initial and annual allowances under the Income Tax (Qualifying Plant Allowances) (Cost of Provision of Computer Software) Rules 1999 [P. U. (A) 272/ 99].

Made 26 January 2000.
[Perb. R(8. 20) 116/1-138 (2000) (SK. 13) ; LHDN. 01/35/(S) 142/51/82-35. 1; PN(PU2) 80/XXVII]

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 154(2) of the Income Tax Act 1967)

INCOME TAX (QUALIFYING PLANT ANNUAL ALLOWANCES) RULES 2000

INCOME TAX (QUALIFYING PLANT ANNUAL ALLOWANCES) RULES 2000

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 (Qualifying Plant Annual Allowances) Rules 2000.
(2) These Rules shall have effect for the year of assessment 2000 in respect of the basis period ending in the year 2000 (current year basis) and subsequent years of assessment.
Annual allowances
2. (1) Annual allowances under paragraph 15 of Schedule 3 to the Act on qualifying plant expenditure on the assets set out in column (1) of the Schedule to these Rules shall be calculated at the respective rates set out in column (2) .
(2) Notwithstanding subrule (1) , where an asset has been allowed an annual allowance at a higher rate in accordance with the Income Tax (Qualifying Plant Annual Allowances) Rules 1968 [P. U. 154/68], the annual allowance for that asset shall be calculated at that higher rate.
(3) Expenditure on assets or parts of assets with a life span not exceeding two years shall be allowed on replacement basis.
Revocation
3. The Income Tax (Qualifying Plant Annual Allowances) Rules 1968 are revoked.
SCHEDULE
(Rule 2)
(1) (2)
Assets Rates (per cent)
Motor vehicles, heavy machinery 20
Plant and machinery 14
Others 10

Made 26 January 2000.
[Perb. R(8. 20) 116/1-138 (2000) (SK. 14) ; LHDN. 01/35/(S) /42/51/82-35. 1; PN(PU2) 80/XXVII]

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 154(2) of the Income Tax Act 1967)