Promotion of Investments (Criteria for the Grant of Investment Tax Allowance to a Small Company) Order 2008
In exercise of the powers conferred by section 29aa of the Promotion of Investments Act 1986 [Act 327], the Minister, with the concurrence of the Minister of Finance, makes the following order:
Citation and commencement
1. (1) This order may be cited as the Promotion of Investments (Criteria for the Grant of Investment Tax Allowance to a Small Company) Order 2008.
(2) This Order is deemed to have come into operation on 21 May 2003.
Criteria for the grant of investment tax allowance to a small company
2. (1) The criteria for the grant of investment tax allowance to a small company shall be as follows:
(a) the small company shall participate in a promoted activity or produce a promoted product and achieve at least fifteen percent value added in its activity or product; or
(b) the small company’s participation in the promoted activity or production of promoted product contributes towards the sosio-economic development of the rural areas in Malaysia.
(2) For the purpose of subparagraph (1), “value added” means total gross sales less cost of raw materials.
Made 22 August 2008
[MITI: ID/BI/S/0.1432 Jld. 4; PN(PU2)451/VI]
Tan Sri Dato’ Haji Muhyiddin bin Haji Mohd. Yassin
Minister of International Trade and Industry
Concurred 28 August 2008
Tan Sri Nor Mohamed Yakcop
Second Minister of Finance
Promotion of Investments (Criteria for the Grant of Pioneer Status to a Small Company) Order 2008
Promotion of Investments (Criteria for the Grant of Pioneer Status to a Small Company) Order 2008
In exercise of the powers conferred by subsection 6(1a) of the Promotion of Investments Act 1986 [Act 327], the Minister, with the concurrence of the Minister of Finance, makes the following order:
Citation and commencement
1. (1) This order may be cited as the Promotion of Investments (Criteria for the Grant of Pioneer Status to a Small Company) Order 2008.
(2) This Order is deemed to have come into operation on 21 May 2003.
Criteria for the grant of pioneer status to a small company
2. (1) The criteria for the grant of pioneer status to a small company shall be as follows:
(a) the small company shall participate in a promoted activity or produce a promoted product and achieve at least fifteen percent value added
in its activity or product; or
(b) the small company’s participation in the promoted activity or production of promoted product contributes towards the sosio-economic development
of the rural areas in Malaysia.
(2) In this Order, “value added” means total gross sales less cost of raw materials.
Revocation
3. The Promotion of Investments (Criteria for the Grant of Pioneer Status to a Small Scale Company) Order 1990 [P.U. (A) 196/1990] is revoked.
Made 22 August 2008
[MITI: ID/BI/S/0.1432 Jld. 4; PN(PU2)451/VI]
Tan Sri Dato’ Haji Muhyiddin bin Haji Mohd. Yassin
Minister of International Trade and Industry
Concurred 28 August 2008
Tan Sri Nor Mohamed Yakcop
Second Minister of Finance
In exercise of the powers conferred by subsection 6(1a) of the Promotion of Investments Act 1986 [Act 327], the Minister, with the concurrence of the Minister of Finance, makes the following order:
Citation and commencement
1. (1) This order may be cited as the Promotion of Investments (Criteria for the Grant of Pioneer Status to a Small Company) Order 2008.
(2) This Order is deemed to have come into operation on 21 May 2003.
Criteria for the grant of pioneer status to a small company
2. (1) The criteria for the grant of pioneer status to a small company shall be as follows:
(a) the small company shall participate in a promoted activity or produce a promoted product and achieve at least fifteen percent value added
in its activity or product; or
(b) the small company’s participation in the promoted activity or production of promoted product contributes towards the sosio-economic development
of the rural areas in Malaysia.
(2) In this Order, “value added” means total gross sales less cost of raw materials.
Revocation
3. The Promotion of Investments (Criteria for the Grant of Pioneer Status to a Small Scale Company) Order 1990 [P.U. (A) 196/1990] is revoked.
Made 22 August 2008
[MITI: ID/BI/S/0.1432 Jld. 4; PN(PU2)451/VI]
Tan Sri Dato’ Haji Muhyiddin bin Haji Mohd. Yassin
Minister of International Trade and Industry
Concurred 28 August 2008
Tan Sri Nor Mohamed Yakcop
Second Minister of Finance
Promotion of Investments (Promoted Activities and Promoted Products for Selected Industries) Order 2008
In exercise of the powers conferred by section 4d of the Promotion of Investments Act 1986 [Act 327], the Minister, with the concurrence of the
Minister of Finance, makes the following order:
Citation and commencement
1. (1) This order may be cited as the Promotion of Investments (Promoted Activities and Promoted Products for Selected Industries) Order 2008.
(2) Item (i) of the Schedule is deemed to have come into operation on 20 October 2001.
(3) Item (ii) of the Schedule is deemed to have come into operation on 21 September 2002.
(4) Item (iii) of the Schedule is deemed to have come into operation on 13 September 2003.
(5) Item (iv) of the Schedule is deemed to have come into operation on 1 October 2005.
(6) Item (v) of the Schedule is deemed to have come into operation on 8 September 2007.
Promoted activities and promoted products
2. The activities and products listed in the Schedule are determined to be promoted activities or promoted products for selected industries.
Schedule
PROMOTED ACTIVITIES ANDPROMOTED PRODUCTS FOR SELECTED INDUSTRIES
(I) Machinery and equipment
(1) Machine tools
(2) Plastic injection machines
(3) Material handling equipment
(4) Robotic and factory automation equipment
(5) Parts and components for machine tools, plastic injection machines, material handling equipment and robotic and factory automation equipment
(ii) Specialised machinery and equipment
(1) Specialised or process machinery or equipment for specific industry
(2) Packaging machinery
(3) Plastic extrusion machinery
(4) Parts and components for specialised or process machinery or equipment for specific industry, packaging machinery and plastic extrusion machinery
(iii) Oil palm biomass
(1) Utilisation of oil palm biomass to produce value added products
(iv) Renewable energy
(1) Generation of renewable energy
(v) Conservation of energy
(1) Conservation of energy
Made 22 August 2008
[MITI: ID/BI/S/0.1432/1; PN(PU2)451/VI]
Tan Sri Dato’ Haji Muhyiddin bin Haji Mohd. Yassin
Minister of International Trade and Industry
Concurred 28 August 2008
Tan Sri Nor Mohamed Yakcop
Second Minister of Finance
In exercise of the powers conferred by section 4d of the Promotion of Investments Act 1986 [Act 327], the Minister, with the concurrence of the
Minister of Finance, makes the following order:
Citation and commencement
1. (1) This order may be cited as the Promotion of Investments (Promoted Activities and Promoted Products for Selected Industries) Order 2008.
(2) Item (i) of the Schedule is deemed to have come into operation on 20 October 2001.
(3) Item (ii) of the Schedule is deemed to have come into operation on 21 September 2002.
(4) Item (iii) of the Schedule is deemed to have come into operation on 13 September 2003.
(5) Item (iv) of the Schedule is deemed to have come into operation on 1 October 2005.
(6) Item (v) of the Schedule is deemed to have come into operation on 8 September 2007.
Promoted activities and promoted products
2. The activities and products listed in the Schedule are determined to be promoted activities or promoted products for selected industries.
Schedule
PROMOTED ACTIVITIES ANDPROMOTED PRODUCTS FOR SELECTED INDUSTRIES
(I) Machinery and equipment
(1) Machine tools
(2) Plastic injection machines
(3) Material handling equipment
(4) Robotic and factory automation equipment
(5) Parts and components for machine tools, plastic injection machines, material handling equipment and robotic and factory automation equipment
(ii) Specialised machinery and equipment
(1) Specialised or process machinery or equipment for specific industry
(2) Packaging machinery
(3) Plastic extrusion machinery
(4) Parts and components for specialised or process machinery or equipment for specific industry, packaging machinery and plastic extrusion machinery
(iii) Oil palm biomass
(1) Utilisation of oil palm biomass to produce value added products
(iv) Renewable energy
(1) Generation of renewable energy
(v) Conservation of energy
(1) Conservation of energy
Made 22 August 2008
[MITI: ID/BI/S/0.1432/1; PN(PU2)451/VI]
Tan Sri Dato’ Haji Muhyiddin bin Haji Mohd. Yassin
Minister of International Trade and Industry
Concurred 28 August 2008
Tan Sri Nor Mohamed Yakcop
Second Minister of Finance
INCOME TAX (EXEMPTION) ORDER 2001
IN exercise of the powers confered 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) Order 2001.
(2) This Order shall be deemed to have come into operation on 1 January 2001.
Interpretation
2. For the purpose of this Order, "Special Committee" means a committee set up by the Ministry of Human Resources to approve applications for incentives made by Malaysian citizens abroad who are experts in specific areas and intend to return to Malaysia.
Exemption
3. (1) The Minister exempts a Malaysian citizen and his or her spouse who have been approved by the Special Committee from the payment of income tax in respect of income arising from sources outside Malaysia and remitted into Malaysia within a period of two years from the date of arrival in Malaysia.
(2) Nothing in this paragraph shall absolve or be deemed to have absolved the individual and his or her spouse 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.
Made 1 March 2001.
[Perb. CR (8.20) 116/1-138(2001) Vol. 3 (sk1); LHDN. 01/35/(S)/42/231-4; PN(PU 2 )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) (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]
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]
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 (EXEMPTION) (NO. 55) ORDER 2000
INCOME TAX (EXEMPTION) (NO. 55) ORDER 2000
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. 55) Order 2000.
(2) This Order shall be deemed to have come into operation from 23 October 1998 until 31 December 2000 and shall have effect from the year of assessment 1999 until the year of assessment 2000 in respect of the basis period ending in the year 2000.
Interpretation
2. For the purpose of this Order-
"exhibition, festival or conference" means an exhibition, festival or conference organized with the participation of foreign nationals;
"promoter" means a company incorporated under the Companies Act 1965 [Act 125], or an association or organization registered under the Societies Act 1966 [Act 335];
"games or sports competition of international standard" means any sporting event or recreational activity approved by the Ministry of Youth and Sports and organized in any form with the participation of foreign nationals from a number of countries;
"cultural or arts show" means a stage performance approved by the Ministry of Culture, Arts and Tourism and organized with the participation of foreign nationals who have made at least three performances in foreign countries other than their own;
"foreign national" means an individual who is not a Malaysian citizen.
Exemption
3. (1) The Minister exempts-
(a) a foreign national from the payment of income tax in respect of the gross income derived from participating in any cultural or arts show, exhibition, festival or conference or games or sports competition of international standard; and
(b) a promoter of any cultural or arts show, exhibition, festival or conference or games or sports competition of international standard from the payment of income tax on 50 per cent of the statutory income derived from the organization of such activities.
(2) The exemption in subparagraph (1) shall apply only if the cultural or arts show, exhibition, festival or conference or games or sports competition of international standard referred to in subparagraph (1) is held in Malaysia at the National Sports Complex, National Theatre, National Art Gallery or Petronas Philharmonic Hall.
(3) Nothing in this paragraph shall absolve or be deemed to have absolved the foreign national or the promoter 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.
Keeping of separate accounts
4. A promoter seeking an exemption under sub-subparagraph 3(1)(b) shall maintain a separate account for the income derived from the organization of any cultural or arts show, exhibition, festival or conference or games or sports competition of international standard in Malaysia.
Application of paragraphs 5 and 6 of Schedule 7A
5. In relation to a company, paragraphs 5 and 6 of Schedule 7A to the Act shall apply, mutatis mutandis, to the amount of income exempted under sub-subparagraph 3(1) (b) .
Made 22 December 2000.
[Perb. CR (8. 20) 116/1-138 (SJ. 17) Vol. 2 (SK. 3) ; LHDN. 01/35/(S) /42/51/231-4; 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]
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. 55) Order 2000.
(2) This Order shall be deemed to have come into operation from 23 October 1998 until 31 December 2000 and shall have effect from the year of assessment 1999 until the year of assessment 2000 in respect of the basis period ending in the year 2000.
Interpretation
2. For the purpose of this Order-
"exhibition, festival or conference" means an exhibition, festival or conference organized with the participation of foreign nationals;
"promoter" means a company incorporated under the Companies Act 1965 [Act 125], or an association or organization registered under the Societies Act 1966 [Act 335];
"games or sports competition of international standard" means any sporting event or recreational activity approved by the Ministry of Youth and Sports and organized in any form with the participation of foreign nationals from a number of countries;
"cultural or arts show" means a stage performance approved by the Ministry of Culture, Arts and Tourism and organized with the participation of foreign nationals who have made at least three performances in foreign countries other than their own;
"foreign national" means an individual who is not a Malaysian citizen.
Exemption
3. (1) The Minister exempts-
(a) a foreign national from the payment of income tax in respect of the gross income derived from participating in any cultural or arts show, exhibition, festival or conference or games or sports competition of international standard; and
(b) a promoter of any cultural or arts show, exhibition, festival or conference or games or sports competition of international standard from the payment of income tax on 50 per cent of the statutory income derived from the organization of such activities.
(2) The exemption in subparagraph (1) shall apply only if the cultural or arts show, exhibition, festival or conference or games or sports competition of international standard referred to in subparagraph (1) is held in Malaysia at the National Sports Complex, National Theatre, National Art Gallery or Petronas Philharmonic Hall.
(3) Nothing in this paragraph shall absolve or be deemed to have absolved the foreign national or the promoter 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.
Keeping of separate accounts
4. A promoter seeking an exemption under sub-subparagraph 3(1)(b) shall maintain a separate account for the income derived from the organization of any cultural or arts show, exhibition, festival or conference or games or sports competition of international standard in Malaysia.
Application of paragraphs 5 and 6 of Schedule 7A
5. In relation to a company, paragraphs 5 and 6 of Schedule 7A to the Act shall apply, mutatis mutandis, to the amount of income exempted under sub-subparagraph 3(1) (b) .
Made 22 December 2000.
[Perb. CR (8. 20) 116/1-138 (SJ. 17) Vol. 2 (SK. 3) ; LHDN. 01/35/(S) /42/51/231-4; 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]
Subscribe to:
Posts (Atom)