Your Constant Advantage

News & Articles

2021 MALAYSIA BUDGET HIGHLIGHTS

07 Dec 2020

            

               

INDIVIDUAL TAX
REDUCTION IN INDIVIDUAL For tax resident individuals within the chargeable income Effective Date:
INCOME TAX RATE band of RM50,001 to RM70,000 will enjoy a reduction of tax rate YA 2021
  by one percentage (1%) point.  
     
INDIVIDUAL (NON-CITIZENS) Flat rate of 15% of income tax rate on employment for 5 Effective Date:
EMPLOYED IN COMPANY consecutive years apply to non-Malaysian citizens holding YA 2021
UNDER RELOCATION INCENTIVE key position / C-Suites position in companies who relocate  
  their operations to Malaysia under the PENJANA incentive   
  packages.  
     
  Conditions :  
  a) Employees's salary must be more than RM25,000 per month  
  b) Working in a company under approved relocation incentive  
  c) Class of employment - C suite or main post in the company  
  d) Resident in Malaysia for each YA to enjoy the incentive  
     
ADDITIONAL RELIEF ON MEDICAL Increase of total medical treatment expenses to a maximum Effective Date:
EXPENSES FOR SERIOUS DISEASES of RM8,000.00 YA 2021
FOR SELF, SPOUSE OR CHILD    
(INCLUDING FULL MEDICAL Scope of medical treatment expenses include vaccination of  
CHECK UP) up to RM1,000 which covers : Pneumococcal, HPV, Influenza,  
  Rotavirus, Varicella, Meningococcal, TDAP combination and  
  COVID-19.  
     
  New maximum amount for full medical check up of up to   
  RM1,000.00  
     
ADDITIONAL RELIEF ON MEDICAL Increase of total medical expenses for parents up to a maximum Effective Date:
EXPENSES FOR PARENTS of RM8,000.00 YA 2021
     
EXPANSION OF EXISTING RELIEF ON  Expansion of scope on expenses includes upskilling courses Effective Date:
EDUCATION FEES (SELF) or self-enhancement course limited to RM1,000.00 (part of the YA 2021 - 2022
  RM7,000.00)  
   
  Conditions :-  
  The courses are conducted by body recognized by the   
  Department of Skills Development of the Ministry of Human  
  Resources.  
     
ADDITIONAL RELIEF ON DISABLED Increase of total relief for disable spouse for up to a maximum Effective Date:
SPOUSE of RM5,000.00. YA 2021
     
EXPANSION OF EXISTING RELIEF ON  Increase of total relief for lifestyle for up to a maximum of Effective Date:
LIFESTYLE RELIEF RM3,000.00. YA 2021
     
  Expansion of scope includes the subscriptions of electronics  
  newspapers.  
     
  The additional relief of RM500.00 is given under lifestyle relief  
  for expenses relating to sports, including purchase of  
  sport equipments; rental/entrance fee to sports facility and fee  
  of any sport competition.  
     
NEW RELIEF ON EXPENSES In addition to the lifestyle relief under Paragraph 46(1)(p) of the Effective Date:
INCURRED FOR PURCHASE OF Income Tax Act (Act) 1967, the government has given a personal YA 2020
COMPUTER, SMARTPHONES OR relief of up to RM2,500 for the purchase of computer, smartphone   
TABLETS or tablet within the period of 01/06/2020 to 31/12/2020.  
     
EXTENDED PERIOD FOR  RELIEF The existing relief on private retirement scheme of RM3,000.00 Extended to
ON PRIVATE RETIREMENT has been extended from YA 2021 to YA 2025. YA 2025
SCHEME (PRS)    
     
EXTENDED PERIOD FOR  RELIEF The existing relief on amount deposited into Skim Simpanan Extended to
ON AMOUNT DEPOSITED INTO Pendidikan Nasional (SSPN) for taxpayer's child of RM8,000.00 YA 2022
SKIM SIMPANAN PENDIDIKAN has been extended from YA 2020 to YA 2022.  
NASIONAL (SSPN) FOR TAXPAYER'S    
CHILD    
 

ADDITIONAL RELIEF ON CHILD Increase of total relief for child care fees for up to a maximum Effective Date:
CARE FEES of RM3,000.00. YA 2020 - 2021




Conditions :-

a) Child's age : 6 years old and below

b) Registered Child Care Centre or Kindergarden with relavant

     authorities
 

RELIEF ON EXPENDITURE A total relief of up to a maximum RM1,000.00 is given to  Effective Date:
RELATED TO DOMESTIC TOURISM taxpayer who incurred expenditures on the following :- YA 2020 - 2021
     
  a) Accommodation at the premises registered with The (Payment from
       Commissioner of Tourism Malaysia ; and 01/03/2020 to
  b) Entrance fee to tourist attraction center 31/12/2021)
     
CHANGES TO EMPLOYEES The employee's minimum contribution rate for EPF will be reduced Effective Date:
PROVIDENT FUND (EPF)  from 11% to 9%. 01/01/2021 to
CONTRIBUTIONS RATE   31/12/2021
     
EXEMPTION ON COMPENSATION Increase of total limit of exemption from RM10,000 to RM20,000 Effective Date:
FOR LOSS OF EMPLOYMENT for compensation for loss of employment  YA 2020 - 2021
     
TAX EXEMPTION ON INVESTMENT Tax exemption on aggregate income equal to 50% of amount Effective Date:
IN EQUITY CROWDFUNDING invested, up to a maximum of RM50,000 for each YA. For investment 
    made from 
  The deduction is limited to 10% of aggregate income (subject 01/01/2021 to
  to meeting the relevant conditions). 31/12/2023
     
TAX INCENTIVE FOR RETURNING Applications to be received by TalentCorp will be extended to Extended to
EXPERT PROGRAMME 31/12/2023. The incentive applicable is a flat rate of 15% on 31/12/2023
  employment income for 5 consecutive years.  
     
     
 
 
CORPORATE TAX
FURTHER DEDUCTION FOR Further tax deduction to employ senior citizens, ex-convicts, Extended to
EMPLOYER WHO EMPLOY parolees, supervised persons and ex-drug dependants to be YA 2025
SENIOR CITIZENS, EX-CONVICTS, extended for 5 years to YA 2025.  
PAROLEES, SUPERVISED PERSON     
AND EX-DRUG DEPENDANTS    
     
GROUP RELIEF : DETERMINATION Companies indirectly holding the surrendering or claimant company Effective Date:
OF RELATED COMPANIES must be a resident and incorporated in Malaysia. YA 2021
     
     
NEW PENALTIES FOR FAILURE TO Failure to furnish the transfer pricing documentation on time :- Effective Date:
FURNISH CONTEMPORANEOUS - Section 113B(1) of Act - On conviction: 01/01/2021
TRANSFER PRICING  a) Fine RM20,000 - RM100,000 or prison term of up to 6 months or  
DOCUMENTATION      both  &  
  b) Furnish transfer pricing documentation within 30 days or   
       period decided by Court.  
     
  - Section 113B(4) of Act - if no prosecution :  
  a) Penalty of RM20,000 - RM100,000  
     
  - Section 113(5) of Act   
  a) May appeal to SCIT  
     
POWER TO DISREGARD  Under Section 140A(3B) of the Act, the Director General of  Effective Date:
STRUCTURE IN A CONTROLLED Inland Revenue Board of Malaysia (DG) can make adjustment 01/01/2021
TRANSACTION to structure the controlled transactions as he thinks fit.  
     
SURCHAGE ON TRANSFER Under Section 104A(3C) of the Act, surcharge to be imposed on Effective Date:
PRICING ADJUSTMENT transfer pricing adjustments on all cases whether taxable or not. 01/01/2021
  The rate of the surcharge is not more than 5% of the total   
  transfer pricing adjustments.  
     
INCOME TAX RETURN FILING  It is mandatory for all the Limited Liability Partnership (LLP) Effective Date:
FOR LIMITED LIABILITY  taxpayers to submit tax return through e-filing only. YA 2021
PARTNERSHIP (LLP)    
     
NOTIFICATIONS FROM The employers are required to notify the DG for the following:- Effective Date:
EMPLOYERS TO DIRECTOR a) New employment ; 01/01/2021
GENERAL OF INLAND REVENUE b) Termination of employment ;  
BOARD c) Leaver ;  
  d) Death (new requirement).  
     
  Ways to Inform the DG :-  
  a) Notification in Prescribe Form  
     
  Due Date to Notify DG :-  
  30 days from the date of new employment/ termination of   
  employment/leave Malaysia/ being informed of the Death.  
     
NEW PROVISION - SECTION 103B Any proceeding against the government or Director General of Effective Date:
OF THE ACT (TAX PAYABLE Inland Revenue Board of Malaysia (DG) by taxpayer under any 01/01/2021
NOTWITHSTANDING INSTITUTION other written law shall not relieve any person from payment  
OF PROCEEDING UNDER ANY LAW of any tax or any debts or other sum for which he is or may  
  be liable to pay under this part.  
     
WITHHOLDING TAX ON  It is proposed that withholding tax on distribution of REIT Effective Date:
DISTRIBUTION OF REIT INCOME income as a final tax. YA 2021
AS FINAL TAX    
     
DEFINITION OF "PLANT" IN THE "Plant" means an apparatus used by a person for carrying on his Effective Date:
ACT (PARA 70A, SCHEDULE 3) business, but does not include building, intangible asset or YA 2021
  any other asset used and function as place within which a   
  business is carried on.  
     
EXTENDED PERIOD FOR TAX Company that has claimed 15 consecutive years of RA is entitled Effective Date:
INCENTIVE CLAIM (REINVESTMENT to extend RA claims from YA 2020 until YA 2022. YA 2020 to YA 2022
ALLOWANCES (RA))    
     
REVIEW OF TAX INCENTIVES For new companies who relocate their business to Malaysia, Effective Date:
FOR COMPANIES RELOCATING the government allows the following:- For application
THEIR OPERATIONS TO MALAYSIA received by the MIDA
AND UNDERTAKING NEW a) 0% tax rate for 10 years for a new company in the  from 01/01/2020 to
INVESTMENT      manufacturing sector with new investment in fixed assets 31/12/2022.
       between RM300 million and RM500 million. (for manufacturing
    sectors); and
  b) 0% tax rate for 15 years for a new company in the  
        manufacturing sector with new investment in fixed assets from 07/11/2020 to
        exceeding RM500million. 31/12/2022
    (for selected service)
     
  c) 0% to 10% tax rate for a period up to 10 years for a new company  
      in the selected service sector, including companies adapting  
      Industrial Revolution 4.0 and digitalisation technology with  
      investment that contributes to significant multiplier effect in  
       i) provision of technology solutions services;  
      ii) provision of infrastructure and technology for cloud   
           computing;  
     iii) research & Development (R&D)/design and development  
            activities;  
     iv) medical devices testing laboratory and clinical trials;  
      v) any services or manufacturing related services determine by  
           the Ministry of Finance (MOF)  
     
  For existing company in Malaysia who relocate its overseas  
  manufacturing facilities into Malaysia, the government allows   
  the following :-  
 
 
  a) 100% investment tax allowance for 5 years for an existing  
       company in Malaysia relocating its overseas manufacturing   
       facilities into Malaysia with investment in fixed assets  
       exceeding RM500 million.  
     
  Note : The above tax incentives are available for eligible  
              companies in the manufacturing sector (except for  
              selected industries) and subject to the following conditions:-  
              i) The company incurs the first capital expenditure within 1  
                   year from the date of approval of the incentive; and  
             ii) The company meets the investment in fixed asset within  
                   3 years from the first date of the capital expenditures  
                  incurred.  
     
  For foreign investor who is having its existing company in Malaysia  
  who is making new investments into the following new selected  
  service segment can enjoy 10% tax rate for a period up to 10 years :-  
       i) provision of technology solutions services;  
      ii) provision of infrastructure and technology for cloud   
           computing;  
     iii) research & Development (R&D)/design and development  
            activities;  
     iv) medical devices testing laboratory and clinical trials;  
      v) any services or manufacturing related services determine by  
           the Ministry of Finance (MOF)  
     
TAX INCENTIVE FOR COMPANIES The manufacturing company who manufacture pharmaceutical Effective Date:
MANUFACTURING products, including vaccines (especially COVID-19 vaccine) is given For application
PHARMACEUTICAL PRODUCTS tax incentive of the following :- received by the
INCLUDING VACCINES   MIDA from
  a) Income tax rate of 0% up to 10% for the 1st 10 years; 07/11/2020 to
  b) Income tax rate of 10% for the subsequent period of 10 years. 31/12/2022
     
REVIEW AND EXPANSION OF  For investor company who invest in subsidiary company  Effective Date:
SCOPE OF TAX INCENTIVE FOR involved in commercialisation of R&D findings of public research  For application
COMMERCIALISATION OF institutions including public higher learning institutions and  received by the
RESEARCH AND DEVELOPMENT private higher learning institutions will be given a tax deduction MIDA from
  equivalent to amount of investment. 07/11/2020 to
    31/12/2025
     
  For subsidiary company that commercialise R&D findings of public  
  research institutions including public higher learning institutions  
  and private higher learning institutions will be given a tax   
  exemption of 100% of Statutory Business Income from Qualifying  
  Activity for 10 years.  
     
  Conditions :-  
  a)Activity/product as listed in the Promotion of Investment Act 1986  
  b)Must be approved by MIDA from 07/11/2020 to 31/12/2025  
     
TAX INCENTIVE FOR PRINICIPAL The application period for Principal Hub incentive for companies Effective Date:
HUB undertaking qualifying service activities be extended for another For application
  2 years. received by the
    MIDA from
  The minimum conditions of the number of high value workers,  01/01/2021 to
  annual operating expenditure, and the number of key post 31/12/2022
  personnel for renewal of the tax incentive for the second 5 years .  
     
TAX INCENTIVE FOR GLOBAL New incentive scheme introduced as Global Trading Centre Effective Date:
TRADING CENTRE applies to company and the company will be given 10% income tax For application
  rate for a period of 5 years and renewable for another 5 years. received by the
    MIDA from
    01/01/2021 to
    31/12/2022
     
REVIEW ON THE INCOME TAX The existing income tax exemption on grant for Green SRI sukuk Effective Date:
EXEMPTION ON THE GREEN be expanded to all SRI sukuk and bond which meets the ASEAN For application
SUSTAINABLE AND RESPONSIBLE Green, Social and Sustainable Bond Standards approved by the received by 
INVESTMENTS SUKUK GRANT Securities Commissions Malaysia. Securities
    Commissions
  The income tax exemption on the above grant be given for a period Malaysia from
  of 5 years. 01/01/2021 to
    31/12/2025
     
TAX REBATE FOR COMPANIES A rebate may be granted for a period of 3 consecutive years  Effective Date :
AND LIMITED LIABILITY from the year of assessment in which a company or limited YA 2021
PARTNERSHIP (LLP) liability partnership first commences operation.  
     
  The rebate amount is equivalent to its operating or capital  
  expenditure which it has incurred limited to a maximum amount  
  of RM20,000 for each Year of Asessment.  
     
  Any unutilized rebate is not refundable or allowed to set off  
  against current and subsequent tax liabiltity  
     
  Conditions:-  
  a) Resident and incorporated in Malaysia;  
  b) Paid-up/capital contribution not more than RM2.5 million, gross  
       business income not more than RM50 million;  
  c) Commence operation : 01/07/2020 to 31/12/2021  
  d) Other conditions under Statutory Order shall be laid before the  
       "Dewan Rakyat".  
     
     
REAL PROPERTY GAIN TAX (RPGT)
POWER TO DIRECTOR GENERAL  It is proposed that discreationary power be given to the Director Effective Date :
(DG) TO REMIT A SUM IMPOSED General of Inland Revenue Board of Malaysia (IRB) to remit the  YA 2021
  whole or any part of the sum wrongly imposed on the acquirer by   
  the IRB made under subsection 14(5) & 15(4) of the Income Tax  
  Act 1967.  
     
  If the sum remitted has been paid, the DG shall repay the same.  
     
DUTY OF ACQUIRER TO RETAIN Provision is amended to align all disposers in the same category of Effective Date :
AND PAY PART OF THE disposal under Part 111 of Sch 5 and ensure that retention sum of 01/01/2021
CONSIDERATION 7% is equally applicable to all including an executor of deceased  
  person who is not a citizen & not permanent resident.  
     
PROVISION IN THE LAW WHICH Under the new Subsection 57A(3), (4), (5) & (6) of the Income Tax Effective Date :
ALLOW TAX AGENT, ADVOCATES Act (Act) 1967, tax agent, advocates and solicitor of the high court 01/01/2021
OR SOLICITOR OF THE HIGH  are allowed to furnish a return via electronic medium on behalf  
COURT TO FURNISH RETURN of tax payers.  
VIA ELECTRONIC MEDIUM    
     
CHANGES IN THE PROVISION Under Paragraph II Schedule 5 of the RPGT ACT, the disposer  Effective Date :
UNDER PART II OF SCHEDULE 5, includes an association registered under Societies Act 1966 01/01/2021
RPGT ACT 1976 (Act 335).  
     
CONSEQUENTIAL AMENDMENT Section 21C, RPGT Act 1976 and Section 103B, ITA 1967 Effective Date :
IN ALIGNING RPGT 1976 AND ITA To clarify that any institution of proceedings under any written 01/01/2021
1967 law shall not relieve a person from the payment of tax due and  
  payable.  
     
  Subsection 22(1A) RPGT Act 1976 and Subsection 104(1A), ITA 1967  
  The certificate may be issued to any Commisioner of Police or  
  Director of Immigration on an electronic medium or by way of  
  electronic transmission.  
     
  Subsection 22(6) RPGT Act 1976 and Subsection 104(6), ITA 1967  
  To clarify that director as defined under subparagraph 5(4) of   
  Schedule 1 also can be retained from leaving Malaysia for any tax  
  charged on the company.  
     
 
     
STAMP DUTY
STAMP DUTY EXEMPTION A full stamp duty exemption on both instrument of transfer and Effective Date :
FOR FIRST RESIDENTIAL  loan agreement for the purchase of the first residential property Sales and Purchase
PROPERTY by a Malaysian citizen be increased from RM300,000 to RM500,000. Agreement
  (value of the property). Excecuted from
    01/01/2021 to
    31/12/2025
     
EXTENSION OF STAMP DUTY Stamp duty exemption on loan agreements and instruments of Effective Date :
EXEMPTION FOR ABANDONED transfer given to rescuing contractor or developer and original Loan Agreement
HOUSING PROJECTS buyers be extended for another 5 years. The abandoned housing and Instrument of
  projects must be certified by the Ministry of Housing and Local Transfer Executed
  Government. from 01/01/2021
    to 31/12/2025
     
EXTENSION OF STAMP DUTY The stamp duty exemption has been extended for 5 years for the Effective Date :
EXEMPTION FOR PERLINDUNGAN insurance policy and takaful certificate relating to Perlindungan For policies /
TENANG PRODUCTS Tenang Products with yearly premium / contribution not exceeding certificate issued
  RM100.00 from 01/01/2021
    until 31/12/2025
     
EXTENSION OF STAMP DUTY The stamp duty exemption to be extended for 5 years. Effective Date :
EXEMPTION FOR EXCHANGE    For contract notes
TRADED FUND (ETF)   relating to ETF
    executed from
    01/01/2021 to
    31/12/2025
     
NEW IMPLEMENTATION OF The government will include the electronic stamping method Effective Date :
DIGITAL STAMPING by digital stamping 01/01/2021
     
  The minister may make rules to prescribe the form of digital  
  stamping to be used for payment of stamp duty.  
     
POWER OF THE MINISTER TO Under Section 80(1A) of he Stamp Act 1949, the minister is Effective Date :
EXEMPT STAMP DUTY ON empowered to exempt duty on any instruments. 01/01/2021
INSTRUMENTS    
     
NEW PROVISION FOR THE POWER Power is given to the collector to : Effective Date :
TO COLLECTOR TO REMIT DUTIES a) remit duty paid or payable wholly or in part, on grounds of 01/01/2021
       poverty;  
  b) refund any duty that has been paid, which relates to that  
        remission.  
     
LABUAN BUSINESS ACTIVITY
TAX ACT (LBATA) 1990
CONSEQUENTIAL AMENDMENT The definition of chargeable profit under LABATA Act 1990 refers Effective Date :
FROM FINANCE ACT 2019 to net profit as reflected in the audited accounts. Deemed effective
    from YA 2020
  The right to appeal under LABATA Act 1990 refers to assessment  
  or additional assessment.  
     
POWER OF DG TO ALLOW  The DG has the power to give extension of time on the irrevocable Effective Date :
EXTENSION OF TIME (EOT) ON election for Labuan Business Activity Chargeable to ITA 1967. YA 2021
IRREVOCABLE ELECTION FOR    
LABUAN BUSINESS ACTIVITY    
CHARGEABLE TO ITA 1967    
     
NO RELIEF OF TAXES FROM No institution of any proceedings under any other written law Effective Date :
PROCEEDING AGAINST THE against the government or the Director General of Inland Revenue 01/01/2021
GOVERNMENT could relieve any person from the liability for the payment of  
  any tax, debts or any sum payables under the Labuan Business  
  Activity Tax Act (LBATA) 1990.  
     
MINIMUM FINE ON OFFENCE The provision incuded minimum fine of RM20,000 to be imposed if Effective Date :
OF CONFIDENTIAL RETURN OF convicted with the offence of confidential return of profit, 01/01/2021
PROFIT, STATUTORY  statutory declaration or information.  
DECLARATION OR INFORMATION    
     
 
 
INDIRECT TAX
INCREASE IN THE PERMISSIBLE The sales value threshold for the value added activities carried out Effective Date :
LIMIT OF VALUE ADDED  in an FIZ and LMW is increased from 10% to 40% of the total annual New application
ACTIVITIES / ADDITIONAL sales value. for increase in
ACTIVITIES FOR COMPANIES   sales value limit
OPERATING IN FREE INDUSTRIAL   that is received by
ZONES ("FIZ") AND LICENSE   the Royal
    Malaysian Customs
    Department from
    07/11/2020
     
EXTENSION OF SALES TAX AND The sales tax exemption granted on the acquisition of locally Effective Date :
IMPORT DUTY EXEMPTION assembled buses by bus operator to be extended to 31 December Extended to 
  2022 YA 2022
     
     
  The import duty, excise duty exemption on the purchase of one Effective Date :
  CBU/CKU vehicle by a Malaysian under Returning Expert Programme Extended to 
  is extended to 31 December 2023. The amount of duties that can 31/12/2023
  be exempted is reduced from RM150,000 to RM100,000.  
     
TIGHTENING OF TRADING OF The renewal process for exsiting licences to import cigarettes Effective Date :
CIGARETTES  will be tightened with revised conditions, including the imposition 01/01/2021
  of an importation quota.  
     
  Taxes will be imposed on all imported cigaretts, with the availability  
  of drawback facility for those meant for transshipment and re-  
  export.  
     
  Taxes will be imposed on cigarettes and tobacco products on all   
  duty free island.  
     
  10% excise duty will be imposed on all types of electronic and non-  
  electronic cigarette devices including vaping products, while  
  electronic cigarette liquip will be subject to excise duty at RM0.40  
  per milliliter.  
     
TOURISM TAX Tourism tax will be imposed on accommodation premises booked Effective Date :
  via an online platform operator , to align with the treatment for 01/07/2021
  bookings made directly with the registrered accommodation  
  premise operators.  
     
The highlights are for general guidance only. It is prepared based on the information available as at 06.11.2020 and
may be subjected to the amendments after the issuance of the Finance Bill 2020.

Back to Highlights