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Circulars

 

TITLE: Statutory Orders Gazetted in Relation to the Income Tax Act 1967, Excise Act 1976 and Customs Act 1967

DATE: 12/06/2019

12 June 2019
Circular No. 60/2019

TO ALL ACCOUNTANTS

1. STATUTORY ORDERS PUBLISHED AT E-GAZZETTE
  The following statutory orders were gazetted by the Federal Government:
 
a) Income Tax Act 1967

(i) P.U.(A) 163/2019 – Income Tax (Exemption)(No 7) Order 2019
(ii) P.U.(A) 162/2019 – Income Tax (Exemption)(No 6) Order 2019
(iii) P.U.(A) 161/2019 – Income Tax (Exemption)(No 5) Order 2019
(iv) P.U.(A) 147/2019 – Income Tax (Exemption)(No 4) Order 2019
(v) P.U.(A) 137/2019 – Income Tax (Exemption)(No 3) Order 2019
   
 
Statutory order Exemption Commencement date
P.U.(A)163/2019 A qualifying company with a paid-up share capital in respect of its ordinary shares not exceeding RM2.5million which achieves increase in export sales of agricultural produce or product from manufacturing is exempted from the payment of income tax in respect of the income derived from such export sales. Deemed to have come into operation from the Year of Assessment (YA) 2016 to YA 2020
P.U.(A)162/2019 A qualifying company with;
  • at least 60% of the issued share capital is owned directly by Malaysian citizen;
  • agricultural produce that is planted, reared or caught; and
  • its own manufactured product
which achieves increase in export sales of agricultural produce or product from manufacturing is exempted from the payment of income tax in respect of the income derived from such export sales.
Deemed to have come into operation from the YA 2016
P.U.(A)161/2019 A qualifying company with the conditions stated in the above P.U.(A)162/2019 and subject to the following conditions;
  1. the value of increased exports is at least 50%;
  2. which penetrates new market for export; or
  3. which is awarded an Export Excellence Award by the Minister
is exempted from payment of income tax in respect of the income derived from such export sales.
Deemed to have come into operation from the YA 2016
P.U.(A)147/2019 A non-resident person is exempted from payment of income tax in respect of income derived from Malaysia in relation to any amount of payment for shrink-wrapped software, site licence, downloadable software or software bundled with personal computer hardware, smartphone or tablet received from an end user who shall be an individual resident in Malaysia and who purchases software or acquires any right to use software for personal usage and not for usage in his business. Deemed to have come into operation on 1 March 2019
P.U.(A)137/2019 A non-resident person is exempted from payment of income tax in respect of income derived from Malaysia in relation to any payment received from a local and registered religious institution or organisation for the prescribed services as stated in the Order. Deemed to have come into operation on 1 February 2019
   
b) Excise Act 1976

(vi) P.U.(A) 157/2019 – Excise (Amendment) Regulations 2019
(vii) P.U.(A) 156/2019 – Excise Duties (Exemption)(Amendment)(No 2) Order 2019
(viii) P.U.(A) 155/2019 – Excise Duties (Exemption from Licensing) Order 2019
(ix) P.U.(A) 154/2019 – Excise Duties (Amendment) Order 2019
   
 
Statutory order Exemption/Amendment Commencement date
P.U.(A)157/2019 P.U.(A) 161/1977 is amended where paragraph (d) “For manufacture of sweetened beverages – Fee of RM200 per year” has been inserted in the 3rd Schedule. These regulations come into operation on 1 July 2019
P.U.(A)156/2019 P.U.(A) 444/2017 is amended where item No 38, 39 and 40 as stated in the P.U.(A) 156/2019 have been inserted in Part 1 of the Schedule. This order comes into operation on 1 July 2019
P.U.(A)155/2019 The class of persons specified in the Schedule in P.U.(A)155/2019 are exempted from the subsection 20(1) of the Excise Act 1976 and P.U.(A) 5/84 – Excise (Exemption from Licensing) Order 1984 is revoked. This order comes into operation on 1 July 2019
P.U.(A)154/2019 P.U.(A) 92/2017 is amended where the following have been inserted in the Schedule;
  1. Chapter 20 before Chapter 22
  2. Chapter 22, to insert heading 22.02 before the heading 22.03
This order comes into operation on 1 July 2019
   
c) Customs Act 1967

(x) P.U.(A) 128/2019 – Customs (Anti-Dumping Duties)(Revocation)(No 2) Order 2019
(xi) P.U.(A) 127/2019 – Customs (Anti-Dumping Duties)(Administrative Review) Order 2019
   
 
Statutory order Revocation/Anti dumping duties Commencement date
P.U.(A)127/2019
P.U.(A) 144/2016 – Customs (Anti-Dumping Duties)(No 2) Order 2016 is revoked This order comes into operation on 8 May 2019
P.U.(A)128/2019 The duties shall be levied on and paid by the importers in respect of the specified good i.e. cold rolled coils of alloy and non-alloy steel which exported from China, Korea and Vietnam into Malaysia by the specified exporters or producers at the prescribed rates. This order has effect for the period from 8 May 2019 to 23 May 2021.

Please click on the links below for the statutory orders:

http://www.federalgazette.agc.gov.my/outputp/pua_20190607_PUA163.pdf

http://www.federalgazette.agc.gov.my/outputp/pua_20190607_PUA162.pdf

http://www.federalgazette.agc.gov.my/outputp/pua_20190607_PUA161.pdf

http://www.federalgazette.agc.gov.my/outputp/pua_20190528_PUA147.pdf

http://www.federalgazette.agc.gov.my/outputp/pua_20190521_PUA137_2019.pdf

http://www.federalgazette.agc.gov.my/outputp/pua_20190531_PUA%20157.pdf

http://www.federalgazette.agc.gov.my/outputp/pua_20190531_PUA%20156.pdf

http://www.federalgazette.agc.gov.my/outputp/pua_20190531_PUA%20155.pdf

http://www.federalgazette.agc.gov.my/outputp/pua_20190531_PUA%20154.pdf

http://www.federalgazette.agc.gov.my/outputp/pua_20190508_PUA%20128.pdf 

http://www.federalgazette.agc.gov.my/outputp/pua_20190508_PUA%20127.pdf 

Please be guided accordingly.

DR. NURMAZILAH DATO' MAHZAN
Chief Executive Officer

Description: Statutory Orders ITA 1967
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Description: Statutory Orders Customs Act 1967
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Description: Statutory Orders Excise Act 1976
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