Malaysia legislation
Section 5
Section 5
(a)
a pioneer company or a company which has been granted approval for the purposes of an investment tax allowance under section 27 participating in the same promoted activity or promoted product as that company;
(b)
a company granted pioneer status in relation to the same promoted activity or promoted product as that company; or
(c)
a post-pioneer company or a company which has been granted approval for the purposes of an investment tax allowance under section 27 and the period as prescribed under paragraph 29(2)(b) or 29(2)(c) has ended, the application shall be considered if it fulfills such conditions as may be prescribed by the Minister in a statutory order to be published in the
Gazette.
(1A)
Any company or person proposing to register a company, being desirous of establishing or participating in an activity or of participating in producing a product which is of national and strategic importance to Malaysia and intending that a factory be constructed, or where the factory is already in existence, be occupied in Malaysia for that purpose, may make an application in writing to the Minister for pioneer status, or for pioneer status to be given when the proposed company has been registered, in relation to that activity or product and that factory:
Provided that a company which is already operating in Malaysia may, if it fulfills such conditions as may be determined by the Minister, make an application in writing to the Minister for pioneer status.
(1B)
(Deleted by Act A1468).
(1C)
Any company or person proposing to register a contract research and development company, being desirous of establishing or participating in an activity relating to research and development and intending that a factory be constructed, or where the factory is already in existence, be occupied in Malaysia for that purpose, may make an application in writing to the Minister for pioneer status, or for pioneer status to be given when the proposed company has been registered, in relation to that activity and that factory.
Promotion Of Investments 27
(1D)
Any company or person proposing to register a high technology company, being desirous of establishing or participating in a promoted activity or of producing a promoted product in areas of new and emerging technologies and intending that a factory be constructed, or where the factory is already in existence, be occupied in Malaysia for that purpose, may make an application in writing to the Minister for pioneer status, or for pioneer status to be given when the proposed company has been registered, in relation to that activity or product and that factory.
(b)
A pioneer company or a company which has been granted pioneer status under subsection 6(1) in respect of an application under subsection 5(1) or an approval under subsection 27(1) shall be eligible to apply for pioneer status under paragraph (1D)(a) in respect of the same promoted activity or promoted product:
Provided that the tax relief period for the pioneer company or the period as prescribed under paragraph 29(2)(b) or 29(2)(c) has ended.
(c)
Any company or person proposing to register a company in
Malaysia, being desirous of establishing a medical devices testing laboratory in Malaysia, may make an application in writing to the
Minister for pioneer status provided that such application is received from 8 September 2007 until 31 December 2012.
(1DA) (Deleted by Act A1468).
(1DB) Any company or person proposing to register a company in
Malaysia, being desirous of establishing or participating in a promoted activity or of producing a promoted product in selected industries and intending that a factory be constructed or where the factory is already in existence, be occupied in Malaysia for that purpose, may make an application in writing to the Minister for pioneer status for the promoted activity or the promoted product as prescribed under section 4D, provided that such application is received on or after the date as published by statutory order in the Gazette:
Provided that where an application is made by a company participating or intending to participate in Malaysia in the generation of renewable energy or provision of energy conservation services, which has been prescribed as a promoted activity under section 4D,
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other than for its own consumption, and that company is controlled directly or indirectly by—
(i)
a pioneer company or a company which has been granted approval for the purposes of an investment tax allowance under section 27I participating in the same promoted activity as that company;
(ii)
a company granted pioneer status in relation to the same promoted activity as that company; or
(iii)
a post-pioneer company or a company which has been granted approval for the purposes of an investment tax allowance under section 27I and the period as prescribed under section 29J has ended, such application shall be considered by the Minister if the application is received from 8 September 2007 until 31 December 2015.
(1DC) Any company or person proposing to register a company in
Malaysia, being desirous of establishing or participating in a promoted activity or of producing a promoted product in the automotive component modules industry and intending that a factory be constructed, or where the factory is already in existence, be occupied in Malaysia for that purpose, may make an application in writing to the
Minister for pioneer status for the promoted activity or the promoted product as prescribed under section 4E, provided that such application is received on or after the prescribed date as published by statutory order in the Gazette.
(1DD) (a) Any company being desirous of undertaking reinvestment in Malaysia, in relation to a promoted activity or of producing a promoted product, may make an application in writing to the Minister for pioneer status for the same promoted activity or the same promoted product as prescribed under section 4F:
Provided that—
(i)
such application is received on or after the date as published by statutory order in the Gazette; and
Promotion Of Investments 29
(ii)
for a pioneer company, the tax relief period for that company in relation to that promoted activity or the production of that promoted product under section 14, 14A or 14C or the period as prescribed under section 29, 29A, 29AA, 29B, 29G, 29J, 29K or 29N has ended.
(b)
Any contract research and development company being desirous of undertaking reinvestment in Malaysia, in relation to a research and development activity, may make an application in writing to the
Minister for pioneer status for the same promoted activity:
Provided that—
(i)
such application is received on or after 21 May 2003; and
(ii)
for a pioneer company, the tax relief period for that company under section 14 or the period as prescribed under section 29D has ended.
(1DE) (Deleted by Act A1468).
(1DF) Any company being desirous of commercializing research and development findings, and intending that a factory be constructed or where the factory is already in existence, be occupied in Malaysia for that purpose, may make an application in writing to the Minister for pioneer status, provided that such application is received on or after 11 September 2004.
(1DG) (Deleted by Act A1400).
(1E)
Where a company has been granted approval for the purpose of an investment tax allowance under subsection 27(1), 27(1A), 27C(1),
27F(1), 27I(1), 27I(1A), 27J(1), 27K(1) or section 27N in relation to a promoted activity or promoted product, the company may be eligible to apply for pioneer status under subsection (1), (1A), (1C), (1D), (1DB),
(1DC), (1DD) or (1DF) upon giving notice in writing to the Minister to surrender that approval in relation to that promoted activity or promoted product:
Provided that as at the date of the notice of the surrender, the company has not incurred capital expenditure for the purposes of subsection 27(1), 27(1A), 27C(1), 27F(1), 27I(1), 27I(1A), 27J(1),
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27K(1) or section 27N and the Minister is satisfied with the reason for the surrender of that approval in relation to that promoted activity or promoted product.
(2)
Every application under this section shall be in accordance with the regulations made under this Act.
Grant of pioneer status