Malaysia legislation

Section 200

of FINANCE (NO. 2) ACT 2023

Section 200

(a)

by or on behalf of a Constituent Entity that is a limited liability partnership for the purposes of this Part shall lie jointly and severally—

(i)

with the compliance officer who is appointed amongst the partners of the limited liability partnership or natural persons qualified to act as secretaries under the

Companies Act 2016 who is a citizen or permanent resident of Malaysia and ordinarily resides in Malaysia; or

(ii)

if no compliance officer is appointed as such, any one or all of the partners thereof; and

(b)

by or on behalf of a Constituent Entity that is a business trust for the purposes of this Part shall lie jointly and severally with the trustee manager of such business trust.

(2)

For the purposes of this section, “compliance officer”

has the meaning assigned to it in section 27 of the

Limited Liability Partnerships Act 2012.

(3)

Where in a Financial Year, a Constituent Entity that is a partnership or a company has converted into a limited liability partnership in accordance with the Limited Liability Partnerships Act 2012—

(a)

every partner of the partnership shall continue to be personally assessable and chargeable to tax for that Financial Year and for any previous

Financial Year before the conversion; and

(b)

the limited liability partnership shall be assessable and chargeable to tax for that Financial Year and for any previous Financial Year before the conversion.

Finance (No. 2)

(4)

Where the limited liability partnership is so assessable and chargeable under paragraph (3)(b), it shall be assessable and chargeable to tax in like manner and to the like amount as the company would have been assessed and charged to tax prior to the conversion.