Malaysia legislation

Section 11

of FINANCE ACT 2012

Section 11

Section 54a of the principal Act is amended—

(a)

in subsection (1), by substituting for the words “the statutory income” the words “seventy per cent of the statutory income of that person”; and

(b)

by substituting for subsection (2) the following subsection:

“(2)  Notwithstanding the provisions of this Act—

(a)

the income derived from each Malaysian ship referred to under subsection (1) shall be treated as income from a separate and distinct business source of that person;

Act 742

(b)

the adjusted loss (if any) of the person for any year of assessment in respect of a source consisting of a Malaysian ship shall not be available as a deduction in arriving at the total income of that person for that year of assessment;

(c)

an amount of statutory income of a person from a source consisting of a Malaysian ship referred to in paragraph (b) which is exempt under this section for the following year of assessment shall be reduced by the adjusted loss referred to in that paragraph, and if by reason of insufficiency or absence of that statutory income, the amount of adjusted loss which has not been so utilized shall further reduce the amount of statutory income of that person from that source which is exempt under this section for any subsequent years of assessment until the amount of adjusted loss is fully utilized;

and

(d)

an amount of statutory income of a person for a year of assessment from a source consisting of a Malaysian ship which is not exempt under this section shall be deemed to be the total income of that person.”.

Amendment of section 60