Malaysia legislation
Section 29
Section 29
(a)
is appointed to be the agent of a chargeable person;
(b)
is assessable and chargeable to tax on behalf or in the name of a chargeable person; or
Petroleum (Income Tax)
(c)
is a person in whose name a chargeable person is assessable and chargeable to tax, such a chargeable person being in this section referred to as the principal.
(2)
The representative may require any person (including the principal, in so far as he is capable of complying with the requisition)
who is in receipt or control of any income of the principal, and any person by whom any income is paid or payable to the principal, to supply to the representative full particulars of the income and any expenses connected therewith.
(3)
Where the representative is assessable and chargeable to tax on behalf of the principal, the representative shall be assessable and chargeable to tax in like manner and to the like amount as the principal would be assessed and charged to tax; and, where the principal is assessable and chargeable in the name of the representative, the principal shall be so assessable and chargeable in like manner and to the like amount as he would be assessed and charged to tax if he were assessable and chargeable in his own name.
(4)
The representatives shall be responsible for doing all such acts and things as are required by or by virtue of this Act to be done by him as representative or by the principal for the purposes of this Act and in particular for the payment of any tax due from him as representative or from the principal; and, in default of payment, any such tax (together with any penalty to which he as representative or the principal is or would be liable in respect of the default) shall be recoverable from the representative either as such or as if he were the principal, as the case may be:
Provided that the representative shall not be required to pay any such tax or penalty (or any other penalty incurred by the principal) otherwise than from the accessible moneys.
(5)
Where by or by virtue of this Act anything is to be made or served on or given or done to the principal for the purposes of this Act, in lieu thereof the same may be made or served on or given or done to the representative:
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Provided that nothing shall be done to the representative by way of any conviction or imposing upon him any fine in relation to an offence committed by the principal and in which the representative had no part.
(6)
The representative—
(a)
may retain out of the accessible moneys so much as is necessary to pay any tax or penalty due from him as representative or from the principal; and
(b)
shall be and is hereby indemnified against all persons whatsoever for any payments made by him as representative in pursuance of this Act.
(7)
In this section “the accessible moneys”, in relation to the representative and the principal, mean any moneys—
(a)
which from time to time are due from the representative to the principal or are held by the representative in his custody and control on behalf of the principal; or
(b)
being then moneys of or due to the principal, are obtainable on demand by the representative.