Section 1
This Act may be cited as the Finance (No. 2) Act short tite 1986 and shall come into effect on the 1st January 1987. and com mencement.
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FINANCE (NO. 2) ACT 1986 is Malaysia Act, cited as Act 329 1986, currently marked in force and first recorded in 1986.
Opening note
Chapter I
This Act may be cited as the Finance (No. 2) Act short tite 1986 and shall come into effect on the 1st January 1987. and com mencement.
The Customs Act 1967, the Sales Tax Act 1972. the Amendment
Excise Act 1976 and the Service Tax Act 1975 are a amended respectively in the manner specified in Act 64.
Chapters II, III, IV and V respectively.
Act 176.
Act 151.
Chapter II
The Customs Act 1967, which in this Chapter is Deletions of referred to as "the principal Act'"', is amended by sections 146
deleting sections 146, 147, 148, 149, 150, 151, 152 and is0. 1si, 152 153.
147, 148. 149
and 153.
Act 235.
Section 154 of the principal Act is amended by Amendment substituting for the words "and Penang" the words ot section and Langkawi" in the interpretation of "principal customs area'".
154
ICap. I1, S. 5]
6
ACT 3299
e sections
.
The principal Act is amended by inseriing after Fart i63A. 16B
Ih3c. 163d.
AIX the following new Part XIXA and new sec0ons 163A, 163B, 163c, 163ยป, 163E, 163F and 1h3G:
Ih3E. 163r and 163G
PART XIXA
In this
Part.
unless the context otherwise requires
Interpre tation
"Langkawi" means the Langkawi Island and all adjacent islands iying ncarer to
Langkawi Island than to the mainland:
"principal customs area" means Malaysia exclusive of Labuan and Langkawi.
Customs1638. (1) Notwithstanding anything to the contrary contained in this Act-duties relating to Langkawi.
no import duty shall be payable upon any goods imported into Langkawi, other than the following:
petroleum products; and and petroleum
any goods which the Minister may from time to time declare by order published in the Gazette;
no export duty shall be payable upon any goods exported from Langkawi, other than any goods which the
Minister may from time to time declare by order published in the Gazette;
import duty shall be payabie upon all dutiable goods ransported to the principal customsS รคrea trom Langkawi as if such transportation to the principal customs area were importation into
Malaysia;
Cap. II, S.
1
export duty shall be payable upon all dutiable goods transported from the principal customs area to Langkawi to all intents as if such transportation from the principal customs area were export from Malaysia: and
the Minister may by order. prescribe the meaning of the word "value in relation to goods transported from
Langkawi to the principal customs
Subsections (2), (3). (4). (5) and (6) of section 11 shall apply to any order made by the Minister under paragraph (a) (ii) or (b) of subsection (1).
Nothing in this section shall render inapplicable to Langkawi any other customs dutywhich may be fixed by the Minister under subsection (1) of section 11.
Where goods are transported
from Langkawi to the principal customs area; or
Langkawi
Irom or to the princi pal customs
from the principal customs area to
Langkawi.
area.
the provisions of this Act, other than sections 81,82, 83. 84. 85, 86 and 87 thereof, shall with such modifications and adaptations as may be necessary, apply as if such goods were imported into, or as the case may be, exported from, the principal customs area from or to a place outside Malaysia, and without prejudice to the above generality, the provisions of Part
XII shall apply to goods transported to or from Langkawi from or to the principal
Customs area and to persons and vehicles transporting such goods as if Langkawi were aa place outside Malaysia.
ICap. I1-I1, S. 5-6]
8
ACT 3299
T63D. The person in charge of any vessel or goms ton trans dircraft on which goods are transported from rted from Langkawi to the principal customs area shal make a declaration substantially in the prescribed form giving particulars of the goods transported in such vessel or aircraft.
Declara-LangkawI int theC principal customN arca
Trans portation of goods to or from
Except for the purpose of section 48.
any dutiable goods, other than petroleum and petroleum products, and other goods declared by the Minister under paragraph (a) (11) of
Suosection (1) of section 163B or deemed to have been declared by the Minister under that section, shall while in Langkawi, be deemed to be non-dutiable goods and the provisions of this Act shall be construed acordingly.
Dutiahle goods to be deemed to he nOn dutiable while inn
Langkawi.
In making regulations under section 142, the Minister may provide for the collection in Langkawi of the customs duties payable in respect of goods transported or about to be transported from or to Langkawi to or from the principal customs area.
Collec-tion of duties in
Langkawi.
Applica-of
Part X to 1636. The provisions of Part X which deals with drawback shall apply to goods other than tion goods trans-those specified under paragraph (a) (i) of ported to
Langkawi.
subsection (1) of section 163B and goods declared by the Minister under paragraph (a)
of subsection (1) of section 163B or deemed to have been declared by the Minister under that section, transported from the principal customs area to Langkawi as if such goods had been exported.".
Chapter III
Section 72 of the Sales Tax Act 1972, which in this of section 72. Chapter is referred to as "the principal Act", is
Amendment
Act 64.
amended by inserting after the word "Labuan" the words and Langkawi" in the interpretation of
"principal customs area".
Cap. III, S. 7-8
9
The principal Act is amended by deleting sections 81 Deletion of and 82.
sections 8I and 82.
The principal Act is amended by inserting after New sections section 82 the following new Part XVII and new *3. R4 5.
sections 83, 84, 85, 86, 87, 88, 89 and 90:
87. 88.
89 and 0.
Part XVII
In this Part, unless the context otherwise pretation.
requires
Langkawi" means Langkawi Island and all adjacent islands lying nearer to Langkawi
Island than to the mainland;
"principal customs
Federation
Langkawi.
area"
means the exclusive of
Labuan and
Notwithstanding anything to the contrary contained in this Act, no sales tax shall be payable upon any taxable goods imported into
Langkawi or transported to Langkawi from the principal customs area other than such taxable goods, which the Minister may from time to time declare by order published in the
Gazette.
Sales tax on goods imported into or exported from
Langkawi trans ported to or from
Langkawi.
For the purpose of this Act goods manufactured in Langkawi are deemed to be goods manufactured outside the Federation.
Goods manufac tured n
Langkawi to be goods manu factured outside the
Federation.
Where goods are transported-Trans portation goods of
from Langkawi to the principal customs to or from area; or
Langkawi from or the
from the principal customs area to
Langkawi, o principal customs area.
Cap. II, S. 8]
10
ACT 329
the provisions of this Act shall, with such modifications and adaptations as may be necessary, apply as if such goods were mported into, or as the case may be, exported
Trom, the principal customs area from or to a place outside the Federation, and without prejudice to the above provisions of Part IX shall apply to goods transported to or from Langkawi from or to the principal customs area and to persons and
Vessels and aircraft transporting such goods as if Langkawi were a place outside the
Federation.
generality, the
The person in charge of any vessel or aircraft on which goods are transported from transported Langkawi to the principal customs area shall make a declaration substantially in the form as prescribed under the Customs Act 1967 or under any other laws in force for the time particulars transported in such vessel or aircraft.
Decla rรกtion of goods from
Langkawi the principal customs being giving of the goods area.
Act 235.
Taxable goods to be deemed non-taxable the provisions of this Act shall be construed while in
Any taxable goods, shall while in
Langkawi, be deemed to be non-taxable and accordingly:
Langkawi
Provided that the foregoing shall not apply in respect of any goods declared by the
Minister to be taxable on importation into
Langkawi.
In making regulations under section 61 of the Act, the Minister may provide
Collection of taxes in
for the collection in Langkawi of sales tax payable in respect of goods transported or about to be transported from or to Langkawi to or from the principal customs area;
for the limitation or restriction of vessels and aircraft which may be used to transport such goods; and
[Cap. Ill-IV, S. 8-9]
11
for the licensing or control of persons or vessels or aircraft transporting such goods.
Langkawi
The provisions of section 29 shall apply to goods (other than any goods declared by the
Minister to be taxable on importation into
Appli cation of
Section 299
to goods ransported Langkawi) transported from the principal to Langkawi customs area to Langkawi as if such goods had been exported or re-exported, as the case may be.".
Chapter IV
The Excise Act 1976 is amended by inserting after New sections section 91, the following new Part XVa and new 91A. 91s, 91c sections 91a, 91B, 91c and 91lD:
and 91D.
Act 176.
PART XVA
In this Part, unless the context otherwise
Interpre tation.
requires
"Langkawi" means the Langkawi Island and all adjacent islands lying nearer to
Langkawi Island than to the mainland.
The provisions of this Act shall not apply to goods manufactured in Langkawi, other than the following:
Dutiable goods in
Langkawi.
petroleum and petroleum products;
and
any other goods which the Minister may from time to time declare by order published in the Gazette.
Cap. IV.V, S. 9-11]
12
ACT 329 91c. Goods subject to excise duty, other than those referred to in section 918, when
Goods manu factured in Langkawi manufactured outside the Federation and shall be when moved from Langkawi to the other territories in the Federation shall be deemed to be import into those territories and the deemed to be manu-factured
Federation. provisions of the Customs Act 1967 shall
Act 235
outside the apply.
Goods subject to excise duty, other than those referred to in section 91B, manufactured in other territories of the Federation when moved to Langkawi shall be deemed to be
Goods manu factured in other terntories of the
Federation export from such territories to a place outside shall be deemed to the Federation for the purpose of sections 19
and 28 (c).".
be export when moved to Langkawi.
Chapter V
Amendment
Section 1 of the Service Tax Act 1975, which in this of section
Chapter is referred to as "the principal Act", is amended by inserting after the word "Malaysia" the words", excluding Langkawi" in subsection (1).
Act 151.
Amendment
Section 2 of the principal Act is amended by of section 2. inserting after the interpretation of "goods" the following new interpretation of "Langkawi":
Langkawi"
means Langkawi Island and all adjacent islands lying nearer to Langkawi Island than to the mainland;"
DICETAK O1.EH HAJI MOKHIAR SHAMSUDDIN, J.S. D.. S.M.T.. S.M.S.. S.M.P.. K.M.N., P.I.S..
KETUA PENGARAH Pt:RCETAKAN NEGARA, KUALA I.L'MPUR
DENGAN PIRINTAH PADA JlHB DISEMBER 1986
Harga: S1.20