2023
MALAYSIA BUDGET HIGHLIGHTS |
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INDIVIDUAL TAX |
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1.
CHANGES IN INCOME TAX RATES FOR RESIDENT INDIVIDUALS |
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Income
tax rates for resident individuals will be changed as follows :- |
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Chargeable
Income (RM) |
Current Tax Rate (%) |
Proposed Tax Rate (%) |
35,001 -
50,000 |
8 |
6 |
50,001 -
70,000 |
13 |
11 |
70,001 -
100,000 |
21 |
19 |
100,001 -
250,000 |
24 |
25 |
250,001 -
400,000 |
24.5 |
25 |
400,001 -
600,000 |
25 |
26 |
600,001 -
1,000,000 |
26 |
28 |
1,000,001 -
2,000,000 |
28 |
28 |
Over 2,000,000 |
30 |
30 |
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Effective
date : From the Year of Assessment 2023 |
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2.
EXTENDED SCOPE OF MEDICAL TREATMENT EXPENSES AND INCREASED AMOUNT OF RELIEF
FOR |
RESIDENT INDIVIDUALS |
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a)
It is proposed that the amount of tax relief for medical treatment
expenditure be increased from |
RM8,000 to RM10,000. |
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b)
The scope of relief is expanded to include intervention expenditure for
Autism, Attention Deficit |
Hyperactivity Disorder, Global
Development Delay, Intellectual
Disability, Down Syndrome and Specific |
Learning Disabilities, limited to
RM4,000 as below :- |
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i) diagnostic
assessment certified by a medical practitioner registered with the Malaysian
Medical |
Council (MMC); |
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ii) early
intervention and rehabilitation programmes conducted by health profession
practitioners |
registered under the Allied Health
Profession Act 2016. |
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Effective
date : From the Year of Assessment 2023 |
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3.
ADDITIONAL TAX RELIEF ON VOLUNTARY CONTRIBUTION TO EMPLOYEES PROVIDENT FUND
(EPF) |
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The
existing relief of RM3,000 on life insurance premium is expanded to cover
voluntary EPF contributions |
by resident individuals. |
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Effective
date : From the Year of Assessment 2023 |
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4.
EXTENSION OF INDIVIDUAL INCOME TAX RELIEF FOR CHILD CARE CENTRE OR
KINDERGARTEN FEES |
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The
existing relief of RM3,000 for fees paid to a registered child care centre
and kindergarten is extended |
up to YA 2024. |
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Effective
date : Up to Year of Assessment 2024. |
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5.
ALLOW FOR SECOND REVISION FOR TAX INSTALMENT SCHEME (CP 500) |
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It
is proposed that an application shall be allowed for a revision of a CP 500
two times a year, one is by |
30
June and the other one is by 31 October in that YA. |
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Effective
date : From Year of Assessment 2023. |
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CORPORATE TAX |
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1.
INTRODUCTION OF CAPITAL GAINS TAX |
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Possible
introduction of capital gains tax on disposal of unlisted shares by companies
with effect from |
year 2024. |
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2.
CHANGES OF TAX RATE FOR MICRO, SMALL AND MEDIUM ENTERPRISE (MSME) |
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The
tax rate for MSME on the first RM150,000 chargeable income to be reduced from
17% to 15%. The tax |
rate
for the remaining chargeable income be maintained at 17% and 24% as follows
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Chargeable Income (RM) |
Current Tax Rate (%) |
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First
RM150,000 |
15% |
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RM150,001 to
RM600,000 |
17% |
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RM600,001 and
above |
24% |
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Effective
date : From the Year of Assessment 2023 |
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3.
ADDITIONAL CONDITION FOR BECOMING A SMALL AND MEDIUM ENTERPRSE (MSME) |
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It
is proposed that a new condition be added on in
determining the SME status of a company in
Malaysia |
as follows :- |
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- Not more than 20% of the paid up capital in
respect of ordinary shares / total contribution of capital at |
the beginning of the basis period for a YA
is directly or indirectly owned / contributed by a company or |
companies incorporated outside Malaysia or
an individuals who are not Malaysian citizens. |
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Effective
date : From the Year of Assessment 2024. |
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4.
DEFINITION OF "PLANT" FOR CLAIMING CAPITAL ALLOWANCES |
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It
is proposed that the definition of "plant" includes an intangible
asset. So, the definition of "plant" has |
become as follows :- |
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Plant is defined for ITA purpose as an apparatus used by a person for
carrying on his business but does |
not includes :- |
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a)
a building; |
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b)
any asset used and that functions as a place within a business is
carried on. |
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Notwithstanding the above, the Minister
of Finance may prescribe any other assets as asset which are |
excluded from the definition of
"plant". |
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Effective
date : From the Year of Assessment 2023. |
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5.
CHANGES ON THE DUE DATE FOR MAKING THE WITHHOLDING TAX UNDER SECTION 107D OF
THE ITA |
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Effective
from 01 July 2022, the due date to remit the withholding tax on payment made
to agent, dealer or |
distributor
govern under Section 107D of the ITA, 1967 will be due by end of the calendar
month |
immediately
following the calendar month in which the payment was made to the agent,
dealer or |
distributor. |
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Effective date : From 01
January 2023. |
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6.
TAX DEDUCTION ON COST OF LISTING IN BURSA MALAYSIA |
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a)
The existing tax deduction of up to RM1.5 million on the cost of listing on
the ACE and LEAP markets is |
extended for a period of 3 years; and |
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b)
This tax deduction is also expanded to include the cost of listing technology
- based companies in Bursa |
Main Market. |
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Effective
date : From the Year of Assessment 2023 until Year of Assessment 2025. |
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7.
TAX DEDUCTION ON ISSUANCE COST OF SUSTAINABLE AND RESPONSIBLE INVESTMENT
LINKED SUKUK |
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It
is proposed that tax deduction on the cost of issuing sustainable and
responsible investment linked Sukuk |
that
is approved or permitted or deposited with the Securities Commission Malaysia
be given for a 5 years |
tax
deduction. A list of eligible expenditures may be stipulated later when the
law is gazetted. |
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Effective
date : From Year of Assessment 2023 until the Year of Assessment 2027. |
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8.
RENTAL DEDUCTION FOR NON-COMMERCIAL EV |
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It
is proposed that company who rent non-commercial electric vehicle (EV) is
given tax deduction on the |
rental amount up to RM300,000. |
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Effective
date : From Year of Assessment 2023 until the Year of Assessment 2025. |
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9.
EXPANSION OF SCOPE OF TAX DEDUCTION FOR EMPLOYMENT OF INMATE AND EX-INMATE OF
HENRY |
GURNEY SCHOOL AND INSTITUTIONS UNDER THE SOCIAL WELFARE
DEPARTMENTS. |
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Further
to the double deduction given to companies that employed senior citizens and
ex-convict, ex-drug |
dependants
and convicts who are categorised as parolees and supervised persons, it is
proposed the scope |
of
tax incentive be expanded to include remuneration paid to inmate and
ex-inmate of :- |
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a)
Henry Gurney School under Malaysian Prison Department; and |
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b)
Protection and rehabilitation institution and non-government care centres
registered under the Social |
Welfare Department. |
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Effective
date : From Year of Assessment 2023 until the Year of Assessment 2025. |
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TAX INCENTIVES |
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1.
ACCELERATED CAPITAL ALLOWANCES (ACA) IN MANUFACTURING, SERVICES AND
ARGRICULTURE |
SECTOR |
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To
further drive the productivity and improve efficiency through automation, it
is proposed the ACA for |
automation
equipment be enhanced as follows :- |
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a)
scope of automation to include the adaption of industry 4.0 elements; |
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b)
scope of tax incentive is expanded to include argriculture sector; and |
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c)
capital expenditure threshold for categories 1, 2 and agriculture be aligned
and increased up to RM10 |
million. |
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Effective
date : For applications received by MIDA and Ministry of Agriculture and Food
Security (MAFS) |
from 01 January
2023 until 31 December 2027. |
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2.
SPECIAL TAX DEDUCTION FOR EXPENDITURES ON MALAYSIAN-MADE HANDICRAFT |
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It
is proposed that a special tax deduction up to RM150,000 be given on
qualified Malaysian-made |
handicraft
purchased from local handicraft entrepreneur registered with Perbadanan
Kemajuan Kraftangan |
Malaysia. |
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Effective
date : From 01 January 2023 until 31 December 2025. |
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3.
TAX DEDUCTION FOR SPONSORSHIP OF SMART ARTIFICIAL INTELLIGENCE DRIVEN REVERSE
VENDING |
MACHINE |
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It
is proposed that a tax deduction under Section 34(6)(h) of the ITA 1967 be
given to companies and other |
than
companies (individuals, partnerships, trusts and cooperative that have
business income) that make |
donations
or sponsorship of Artificial Intelligence (AI) - Driven Reverse Vending
Machine. |
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Effective
date : For contribution/sponsorship and application received by Ministry of
Finance from 01 April |
2023 until 31
December 2024. |
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4.
TAX INCENTIVE FOR MANUFACTURER OF ELECTRIC VEHICLE CHARGING EQUIPMENTS |
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To
further complement the ecosystem for EV and to attarct immediate high value
investment in the |
manufacturing
of EV charging equipment, it is proposed that incentives be given as follows
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Incentives |
Descriptions |
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Investment Tax
Allowances (ITA) |
ITA
of 100% for 5 years which can be utilised against 100% of the |
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Statutory
Income for each year of assessment. |
Pioneer Status (PS) |
Exemption
from income tax on 100% of Statutory Income for |
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year of assessment 2023 to 2032. |
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Effective
date : Applicable for applications received by MIDA from 25 February 2023
until 31 Dec 2025. |
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5.
TAX INCENTIVE FOR CARBON CAPTURE AND STORAGE |
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i)
For companies undertaking Carbon Capture and Storage Technology (CCS) in
house activity, |
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a)
ITA of 100% of qualifying capital expenditures for a period of 10 years. The
allowance can be set-off |
against up to 100% of business statutory
income; |
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b)
full import duty and sales tax exemption on equipment used for CCS technology
commencing on 01 |
January 2023 until 31 December 2027; and |
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c)
tax deduction for allowable pre-commencement expenses within 5 years from the
date of |
commencement operation. |
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ii)
For companies undertaking CCS services , |
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a)
ITA of 100% of qualifying capital expenditures for a period of 10 years. The
allowances can be set-off |
against up to 100% of statutory income;
or |
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b)
tax exemption of 70% on statutory income for a period of 10 years; and |
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c)
full import duty and sales tax exemption on equipment used for CCS technology
starting 01 January |
2023 until 31 December 2027. |
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iii)
For companies using CCS services be given tax deduction on fees incurred for
use of services. |
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Effective date : |
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For application received by Ministry of Finance from 25 February 2023 until
31 December 2027. |
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Tax deduction can be claimed through the Income Tax Return Form from the year
of assessment 2023 |
until the year of assessment 2027. |
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6.
TAX INCENTIVE FOR CHICKEN REARING IN CLOSED HOUSE SYSTEM |
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Tax
incentives are given on qualifying capital expenditures incurred on companies
who operate as a chicken |
and
duck rearers who adopt environmental-friendly closed house system as follows
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a)
Accelerated Capital Allowances (ACA) 100% on the qualifying capital
expenditures; and |
b)
Income tax exemption of 100% equivalent to the qualifying capital
expenditures. |
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The
qualifying capital expenditures that can be claimed amounting to 200% within
a year. |
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Effective
date : From year of assessment 2023 until year of assessment 2025. |
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7.
TAX INCENTIVE FOR FOOD PRODUCTION PROJECTS |
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To
further promote the participation of industry players in agriculture sector
to ensure the security of |
domestic
food supply, it is propsoed tax incentives be reviewed as follows :- |
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a)
scope of tax incentive is expanded to include argriculture projects based on
controlled environment |
agriculture (CEA); and |
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b)
application period for tax incentives be extended for 3 years. |
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Effective
date : For application received by MAFS from 01 January 2023 until 31
December 2025. |
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8.
EXTENTION OF TAX INCENTIVE FOR SHIP BUILDING AND SHIP REPAIRING INDUSTRY |
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To
position Malaysia as a regional hub for ship building and ship repairing
(SBSR), it is proposed that the tax |
incentive
as follows be extended for a period of 5 years. |
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i) new company |
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a)
Pioneer status with income tax exemption of 70% of statutory income for a
period of 5 years; or |
b)
Investment Tax Allowances of 60% on qualifying capital expenditures incurred
within 5 years and can be |
set off against up to 70% of the
statutory income for each year of assessment. |
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ii) existing company |
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ITA
of 60% on qualifying capital expenditure incurred within 5 years and can be
set-off against up to 70% of |
the
statutory income for each year of assessment. |
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Effective
date : For SBSR applications received by MIDA from 01 January 2023 until 31
December 2027. |
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9.
EXTENTION OF TAX INCENTIVE FOR AEROSPACE INDUSTRY |
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In
line with the 12th Malaysia Plan to transform Malaysia as a key player in the
aerospace industry, it is |
proposed
the tax incentive be extended for a period of 3 years for companies
undertaking high-value |
activities
such as manufacturing or assemble of systems, devices, parts or components
and engineering & |
design
/ services related in Malaysia as follows :- |
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i) new company |
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income tax exemption of 70% to 100% for a period between 5 to 10 years; or |
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ITA of 60% to 100% for a period of 5 years and can be set-off against 70% to
100% of statutory income |
for each year of assessment. |
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ii) existing company |
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investment tax allowance of 60% for a period of 5 years and can be set-off
against 70% of statutory |
income for each year of
assessment. |
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Effective
date : For applications received by MIDA from 01 January 2023 until 31
December 2025. |
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10.
EXTENSION OF TAX INCENTIVE FOR BIONEXUS STATUS COMPANY |
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To
attract more biotechnology industry players, it is proposed tax incentives be
reviewed as follows :- |
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a)
income tax exemption rate on statutory income of BioNexus status company be
increased from 70% to |
100% ; and |
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b)
application period for tax incentives be extended for 2 years. |
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Effective date : |
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For
applications received by Malaysian Bioeconomy Development Corporation from 01
January 2023 until |
31 December 2024. |
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INDIRECT TAX |
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1. GOOD AND SERVICE TAX (GST) |
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The
malaysia's government is not planning to implement GST in view of the current
backdrop of low wages, |
rising
cost of living and inflationery pressures. |
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2.
INTRODUCTION OF LUXURY GOODS TAX |
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The
Malaysia government proposed to introduce a Luxury Goods Tax starting this
year (i.e. Year 2023) with |
a
certain threshold value, based on the type of luxury items. Luxury goods
includes of expensive cars, |
private
jets, luxury branded watches, branded fashion goods, jewellery and etc. |
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Effective
date : Effective from year 2023, however, no specific implementation date was
mentioned. |
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3.REVIEW
OF EXCISE DUTY AND SALES TAX EXEMPTION ON THE SALES, TRANSFER AND DISPOSAL OF
TAXI |
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Extension
of excise duty and sales tax exemption on the sales / transfer / private use
/ disposal of taxis |
owned
by individuals, including executive taxi and Teksi 1 Malaysia
("TEKS1M") and airport taxis (budget |
and
family). Besides, the qualifying age of the vehicles is proposed to be
reduced from 7 years to 5 years |
from the registration date. |
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Effective
date : For application received by the Royal Malaysian Customs Departments
from 01 March 2023. |
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4.
EXTENSION OF TAX INCENTIVES TO SUPPORT THE DEVELOPMENT OF ELECTRIC VEHICLE
INDUSTRY |
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To
spur domestic demand and encourage the growth of locally assembled Electric
Vehicle (EV) activity, it is |
proposed
tax incentives for EV be extended as follows :- |
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Tax Measures |
Incentive Period Extension |
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1. Full import
duty exemption on |
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components for locally assembled |
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EV |
Until 31/12/2027 |
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2. Full excise
duty and sales tax |
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exemption on locally assembled |
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CKD EV |
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3. Full import
duty and excise duty |
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exemption on imported CBU EV |
Until 31/12/2025 |
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5.
IMPORT DUTY AND SALES TAX EXEMPTION ON NICOTINE REPLACEMENT THERAPY |
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To
support the mQuit Programme and encourage the use of Nicotine Replacement
Theraphy (NRT) as an |
option
for smoking cessation, it is proposed that the import duty and sales tax
exemption be given to |
nicotine
gum and nicotine patch for a period of 3 years. |
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Effective
date : For applications received by the Ministry of Finance (MOF) from 01
April 2023 until 31 |
March 2026. |
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6.
IMPORT DUTY AND SALES TAX EXEMPTION ON STUDIO AND FILMING PRODUCTION
EQUIPMENT |
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Import
duty and sales tax exemption on studio and filming production equipment be
given to providers of |
studio
equipment, production and post-production services for a period of 3 years. |
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Effective
date : For application received by Ministry of Finance from 01 April 2023
until 31 March 2026. |
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STAMP DUTY |
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1.
STAMP DUTY TREATMENT FOR TRANSFER OF PROPERTY BY WAY OF LOVE AND AFFECTION |
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In
order to reduce the cost of stamp duty for the transfer of property by way of
love affection between |
parents
and children, granparents and grandchildren, it is proposed that stamp duty
on the instruments of |
transfer
of property be fully exempted, limited to the first RM 1 million of the
property's value. Any amount |
in
excess of RM 1 million , it is 50% remission on the stamp duty imposed. |
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The
stamp duty treatment applies to the recipients who are Malaysian citizens. |
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Effective
date : For instruments of transfer of property executed from 01 April 2023. |
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2.
STAMP DUTY TREATMENT FOR EDUCATIONAL LOAN / SCHOLARSHIP AGREEMENTS |
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It
is proposed that the imposition of a fixed duty of RM10 be expanded to
include educational loan/ |
scholarship
agreement to pursue education at all levels including certificate
(education/skills/professionals) |
in
any educational and training institutions. |
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Effective
date : For educational loan / scholarship agreement executed from 01 June
2023. |
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3.
EXTENDED PERIODS OF STAMP DUTY EXEMPTION ON RESTRUCTURING OR RESCHEDULING OF
LOAN/ |
FINANCING AGREEMENT |
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To
reduce the cost of borrowing and to improve borrowers' cash flow, it is
proposed that full stamp duty |
exemption
on restructuring / rescheduling of the loan/financing agreement be extended
for a period of 2 |
years. |
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Effective
date : For restructuring or rescheduling of loan / financing agreement
executed from 01 January |
2023 until 31
December 2024. |
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4.
STAMP DUTY TREATMENT FOR FACTORING AGREEMENTS ON THE ABSOLUTE BILL OF SALE OF |
ACCOUNT RECEIVABLES OR BOOK DEBTS |
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It
is proposed a fixed duty of RM10 on the absolute bill of sale of any accounts
receivables or book debts |
will
be expanded to include any statutory body, agency of the Government or of the
State Government, or |
any
company in which the Government or the state Government has interest, which
provides financing to |
a small and medium enterprise
(MSME). |
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Effective
date : The above proposal is effective on the coming into operation of the
Finance Act. |
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5.
SESCURITY INSTRUMENTS RELATING TO DISCOUNTING INVOICES OR HIRE PURCHASE
RECEIVABLES OR |
FACTORING AGREEMENT ENTERED BY SME |
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It
is proposed that the stamp duty at the fixed rate of RM10 be extended to
similar instruments entered |
with
any statutory body, agency of the Government or the State Government, or any
company in which the |
Government
has interest, which provides financing to small and medium enterprise (MSME). |
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Effective
date : The above proposal is effective on the coming into operation of the
Finance Act. |
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REAL PROPERTY GAIN TAX |
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1.
TRANSFER OF ASSETS BETWEEN FORMER SPOUSES |
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It
is proposed that the scope of "no gain no loss" transactions be
expanded to include the transfer of assets |
between
former spouses pursuant to an order of any court in consequences of the
dissolution or |
annulment
of their marriage. The transfer of assets shall involve assets owned by a
citizens. |
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Effective
date : The above proposal is effective on the coming into operation of the
Finance Act. |
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2.
TRANSFER OF ASSETS TO CONTROLLED COMPANIES INCORPORATED OUTSIDE OF MALAYSIA |
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Currently,
a transfer of real property by an individual / wife of the indivdual / the
individual jointly with his |
wife
of the individual / the individual jointly with his wife or with a connected
person / a nominee / trustee |
for
the individual, the wife or both to a controlled company incorporated in
Malaysia or outside Malaysia |
for
a consideration consisting of shares in that controlled company will be
deemed to be a "no gain no loss" |
transactions for RPGT purpose. |
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It
is proposed that the "no gain no loss" treatment will only be
applicable if the real property is transferred |
to
a controlled company incorporated in Malaysia. If the controlled company is
incorporated outside |
Malaysia,
then the transfer of the real property will not be eligible for the "no
gain no loss" treatment and |
will
be subjected to RPGT at the prevailing rates set out in Part 1, Schedule 5 of
the RPGT Act 1975. |
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Effective
date : The above proposal is effective on the coming into operation of the
Finance Act. |
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OTHERS |
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1.
SPECIAL VOLUNTARY DISCLOSURE PROGRAM |
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Penalties
will be waived for voluntary disclosure from 01 June 2023 to 31 May 2024 by
the IRB and RMCD. |
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2.
TAX EXEMPTION FOR CHARITABLE HOSPITAL AND TAX DEDUCTION FOR DONORS |
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Charitable
hospital that are registered as Companies Limited by Guarantee be given an
income tax |
exemption
equivalent to the expenses incurred for charity purpose. |
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Donors
who donate to the charitable hospitals would be given a tax deduction up to
10% of aggregate |
income. |
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3.
CONTRIBUTION TO THE FILM INDUSTRY |
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Tax
deduction on contributions made to Tabung Komuniti Filem and Pembangunan
Filem Kenegaraan under |
National
Film Development Corporation Malaysia ("FINAS"). |
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The
highlights are for general guidance only. It is prepared based on the
information available as at |
10.03.2023. |
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