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FAQs on Tax Incentives for Company Relocating into Malaysia under National Economic Recovery Plan (PENJANA)

 

A GENERAL QUESTIONS
What are tax incentives for a company relocating into Malaysia?

Tax incentives offered to a new and existing company relocating into Malaysia under the Income Tax Act 1967 are as follows:

What is the definition of a new company?

New Company

  • Company relocating manufacturing facility for eligible activities from any country to Malaysia; or
  • Company establishing new operation in Malaysia; and
  • Do not have existing manufacturing operation in Malaysia.
What is the definition of an existing company?

Existing company

Foreign or locally owned company that has existing manufacturing operation in Malaysia and relocate its manufacturing operation from outside Malaysia for new business segment. The products from the new business segment are not of expansion project for existing products.
What is a Special Tax Rate?
A Special Tax Rate is offered to a new company with 0% tax rate on taxable income from the approved business activity for a period of up to 15 years subject to the specified amount of capital expenditure.
What are the criteria for this incentive?
  • The company meets the definitions of ‘new company’ or ‘existing company’ as outlined under this incentive.
  • The company to undertake manufacturing activities excluding the listed activities as in  Appendix A.
What are the conditions for this incentive?
  • The new company or existing company to incur the first capital expenditure within 1 year from the approval date;
  • The company to incur the qualifying capital expenditure within 3 years from the date of the first capital expenditure incurred; and
  • The company will be subjected to conditions related to the Employment and Vendor Development Program.

Details of these conditions will be listed in the Tax Incentive Guidelines at MIDA’s website:  www.mida.gov.my

What percentage of statutory income can be deducted for an existing company?
For the existing company, this incentive offers an Investment Tax Allowance (ITA) of 100% of qualifying capital expenditure incurred within a period of 5 years. The allowance is offset against 100% from the statutory income of the activity.
What are types of qualifying/eligible capital expenditure?
The qualifying/eligible capital expenditures are the same as stipulated under the Section 29 (7) Promotion of Investments Act 1986 which are capital expenditure incurred on factory building (excluding land) or any plant and machinery used in Malaysia.
What are the additional conditions for an existing company who are currently on tax incentive period?
The existing company must keep separate accounts or incorporate a new entity to undertake such activities.
What is the procedure to apply for this incentive?
Company may submit an application to the Malaysian Investment Development Authority (MIDA) before 31 December 2021.
Tags: FAQ PENJANA
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Last Updated : Wednesday 30th September 2020