Malaysia legislation
Section 9
Seksyen 9
Seksyen 45 Akta ibu dipinda—
(a)
dengan menggantikan subseksyen (2) dengan subseksyen yang berikut:
“(2) Subject to this section, where an individual and his wife were living together in the basis year for a year of assessment and did not in that basis year cease to live together or to be husband and wife of each other—
(a)
the wife may elect in writing (wife who elects) that her total income shall be aggregated with the total income of her husband and assessed in his name for that year of assessment; or ‘
(b)
the husband may elect in writing (husband who elects) that his total income shall be aggregated with the total income of his wife and assessed in her name for that year of assessment:
Provided that where the wife who elects or the husband who elects is not resident for the basis year for a year of assessment, such wife or husband, as the case may be, may elect under this subsection only if she or he is a citizen.”;
Kewangan (No. 2)
(b)
dengan menggantikan subseksyen (3) dengan subseksyen yang berikut:
“(3) For the purposes of paragraph (2)(b)—
(a)
for any year of assessment, that paragraph shall only apply if there is no election made by a wife or wives under paragraph (2)(a) for that year of assessment; and
(b)
the election shall only be made with one wife.”;
dan
(c)
dengan memasukkan selepas subseksyen (3) subseksyen yang berikut:
“(4) Where under subsection (2) the total income of the wife who elects falls to be aggregated with that of her husband or the total income of the husband who elects falls to be aggregated with that of his wife, for a year of assessment, the wife who elects or the husband who elects, as the case may be, shall be treated as having no chargeable income for that year.
(5)
The election referred to in subsection (2) shall be made before the first day of April in the following year of assessment or any subsequent date (as may be permitted by the Director General).”.
Seksyen baru 45A