Place of Business: Tax Guidelines

Malaysia’s Inland Revenue Board (IRB) issued guidelines on 21 May 2020 to ​provide ​clarity on​ the application of certain subsections of the Income Tax Act, 1967 in determining the “place of business” of a person operating in Malaysia. ​This morning, July 1, AMCHAM organized a webinar that featured 2 of the big four accounting firms, Deloitte and KPMG on a current topic of interest “place of business“.  

​Attendees were given an overview followed by case studies that provided an in-depth understanding of the topic. The introduction of Sections 12(3) and 12(4) of the Malaysian Income Tax Act 1967 (the Act), effective from 28 December 2018, provides more certainty in assessing whether the business profits of a non-resident that is from a non-treaty country (e.g. US, Jersey etc.) would fall within the Malaysian income tax net.  

AMCHAM would like to thank all our speakers from Deloitte and KPMG for the interactive session that shed some light to areas that needed further clarifications, ​Chia Woon Tan​, ​Associate Director, International Tax of Deloitte Tax Services Sdn Bhd​, ​Gagan Deep Nagpal​, ​Director (Transfer Pricing) of Deloitte Tax Services Sdn Bhd​, ​Hooi Beng Tan​, ​International Tax Leader at Deloitte Tax Services Sdn Bhd​ and​ Nicholas Crist​, ​Executive Director, Corporate Tax of KPMG Malaysia​.​