Malaysia legislation
Section 27
Section 27
Schedule 6 to the principal Act is amended in Part I—
(a)
by substituting for paragraph 28 the following paragraph:
“28. The income arising from sources outside Malaysia and received in Malaysia by any person who is not resident in Malaysia.”;
Finance 25
(b)
in paragraph 33a, by substituting for subparagraph (2)
the following subparagraph:
“(2) The exemption under subparagraph (1) shall not apply to—
(a)
interest paid or credited to a company in the same group; or
(b)
interest paid or credited by a special purpose vehicle to a company pursuant to the issuance of asset-backed securities lodged with the Securities Commission
Malaysia from 1 January 2022 where the company and the person who established the special purpose vehicle solely for the issuance of the asset-backed securities are in the same group.”;
(c)
in paragraph 33b—
(i)
in subsubsubparagraph (2)(b)(iii), by substituting for the full stop at the end of that subsubsubparagraph the words “; or”; and
(ii)
by inserting after subsubparagraph (2)(b)
the following subsubparagraph:
“(c) interest paid or credited by a special purpose vehicle to a company pursuant to the issuance of asset-backed securities lodged with the Securities Commission Malaysia or approved by the Labuan Financial Services Authority from 1 January 2022 where the company and the person who established the special purpose vehicle solely for the issuance of the asset-backed securities are in the same group.”; and
(d)
by inserting after paragraph 36 the following paragraph:
“37. In this Schedule, “special purpose vehicle” means a company incorporated under the Companies Act 2016 or a company incorporated under the Labuan Companies Act 1990
[Act 441] which has made an election under section 3a of the Labuan Business Activity Tax Act 1990 and established solely for the purpose of issuance of sukuk or debenture for asset-backed securities in a securitization transaction lodged with the Securities Commission Malaysia or approved by the Labuan Financial Services Authority.”.
Act 833
Amendment of Schedule 7a