Malaysia legislation

Section 11

of FINANCE (NO. 2) ACT 2002

Section 11

Amendment of section 38

(a)

by substituting for subparagraph (1)(b)(ii) the following subparagraph:

“(ii) any expenses incurred for the repair or maintenance of the premises (excluding expenses of a capital nature and expenses incurred in connection with the upkeep of land attached to the premises for use by way of amenity as garden or grounds)

which the employee, pursuant to the terms on which that accommodation is so provided, is legally bound to meet in respect of that accommodation during that period;”;

(b)

in subsection (4), by substituting for the words “paragraph 37(3)(b)” the words “subsection (6)”; and

8

(c)

by inserting after subsection (5) the following subsection:

“(6) In the application of subsection (4) in relation to a person’s gross income from his employment where the expenses, to which subparagraph (1)(b)(ii) applies is payable for a period (in this subsection referred to as the “overlapping period”) which overlaps the basis period or part of the basis period, the amount of the expense to be deducted from that gross income shall be determined in accordance with the following formula:

A x C

B where

A is the number of days living accommodation is provided in the basis period or part of the basis period that falls in the overlapping period;

B is the total number of days in the overlapping period; and

C is the amount of expenses to which subparagraph

(1)

(b)

(ii) applies.”.

Amendment of section 60C