Malaysia legislation
Section 63
Section 63
schedule 1 to the principal Act is amended—
(a)
by inserting after subparagraph 5(1) the following subparagraph:
“(1a) Notwithstanding anything contrary to this Act or any other written law, any person who is a director of a company during the period in which tax or debt is liable to be paid by that company shall be jointly and severally liable for such tax or debt that is due and payable and shall be recoverable under section 23 from that director.”;
(b)
by inserting after subparagraph 5(3) the following subparagraph:
“(4) for the purposes of subparagraph (1a), “director” means any person who—
(a)
is occupying the position of director (by whatever named called), including any person who is concerned in the management of the company’s business; and
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Act 755
(b)
is, either on his own or with one or more associates, the owner of, or able directly or through the medium of other companies or by any other indirect means to control, more than fifty per cent of the ordinary share capital of the company.
(5)
for the purposes of subsubparagraph (4)(b), “associate”
means, in relation to a person—
(a)
a person in any of the following relationships to that person, that is to say, husband or wife, parent or remoter forebear, child or remoter issue, brother, sister and partner;
(b)
the trustee or trustees of a settlement in relation to which that person is, or any such relative of his (living or dead)
as is mentioned in paragraph (a) of this definition is or was, a settlor;
(c)
where that person is interested in any shares or obligations of a company which are subject to any trust or are part of the estate of a deceased person, any other person interested therein.”; and
(c)
by inserting after paragraph 5 the following paragraph:
“5A. (1) the compliance officer who is appointed amongst the partners of the limited liability partnership or if no compliance officer is appointed as such, by any partners thereof, shall be jointly and severally assessable and chargeable with the tax payable by the limited liability partnership under this Act.
(2)
subparagraphs 5(2) and (3) shall apply with such modifications and adaptations as may be necessary under this paragraph.
(3)
in this paragraph, “compliance officer” shall have the same meaning assigned to it by section 27 of the Limited Liability
Partnerships Act 2012.”.
amendment of schedule 4