Malaysia legislation
Section 2
Section 2
(1)
In this Act, unless the context otherwise requires—
“assessment” means any assessment or additional assessment made under this Act;
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“basis period”, in relation to a year of assessment, means the accounting period or periods ending in the calendar year coinciding with that year of assessment;
“Director General” means the Director General of Inland Revenue referred to in section 134 of the Income Tax Act 1967 [Act 53];
“electronic invoice” has the meaning assigned to it in the
Income Tax Act 1967;
“Labuan” means the Federal Territory of Labuan;
“Labuan business activity” means a Labuan trading or a Labuan non-trading activity carried on in, from or through Labuan, excluding any activity which is an offence under any written law;
“Labuan company” means a Labuan company incorporated under the Labuan Companies Act 1990, and includes a foreign Labuan company registered under that Act;
“Labuan non-trading activity” means an activity relating to the holding of investments in securities, stock, shares, loans, deposits or any other properties situated in Labuan by a Labuan entity on its own behalf;
“Labuan trading activity” includes banking, insurance, trading, management, licensing, or any other activity which is not a Labuan non-trading activity;
“Minister” means the Minister for the time being charged with the responsibility for finance;
“official” means a person having an official duty under, or employed in carrying out, the provisions of the Income Tax Act 1967;
“person” includes a corporation, a partnership, a body of persons and a corporation sole;
Labuan Business Activity Tax 9
“Special Commissioners” means the Special Commissioners of
Income Tax appointed under section 98 of the Income Tax Act 1967;
“year of assessment” means calendar year.
(2)
Where a Labuan entity carries on both a Labuan trading activity and a Labuan non-trading activity, such entity shall be deemed to be carrying on a Labuan trading activity.
(3)
For the avoidance of doubt, it is declared that the provisions of the Income Tax Act 1967 shall apply in respect of—
(a)
an activity other than a Labuan business activity carried on by a Labuan entity; and
(b)
(Deleted by Act 624);
(c)
(Deleted by Act A1366);
(d)
a Labuan business activity carried on by a Labuan entity which makes an election under section 3A.
Designated Labuan business activity