Malaysia legislation

Section 29

of MEASURES FOR THE COLLECTION, ADMINISTRATION AND ENFORCEMENT OF TAX ACT 2024

Section 29

Section 36 of the principal Act is amended—

(a)

by substituting for the shoulder note the following shoulder note:

“Adjudication and assessment as to proper stamp”;

(b)

by substituting for subsection (1) the following subsection:

“(1)  Where a person has furnished a return together with an instrument in accordance with section 35a—

(a)

the Collector shall be deemed to have made an assessment of duty on the instrument based on the information furnished in the return; or

(b)

the Collector shall assess the duty on the instrument, if any, with which in his judgment an instrument is chargeable.”;

(c)

by inserting after subsection (1) the following subsection:

“(1a)  The Collector may determine the instruments falling under paragraph (1)(a) in any manner as the Collector thinks fit.”;

Measures for the Collection, Administration and Enforcement of Tax 21

(d)

by substituting for subsection (2) the following subsection:

“(2)  For the purposes of this Act, where the Collector is deemed to have made an assessment under paragraph (1)(a)—

(a)

the return referred to in that subsection shall be deemed to be an assessment; and

(b)

the duty payable on the instrument shall be due and payable on the day the Collector is deemed to have made an assessment.”; and

(e)

by inserting after subsection (2) the following subsections:

“(2a)  For the purposes of paragraph (1)(b), the Collector may require any of the following:

(a)

an abstract of the instrument;

(b)

an affidavit setting out all the facts and circumstances affecting the liability of the instrument to duty or the amount of the duty chargeable thereon; or

(c)

any other evidence which he considers necessary for the adjudication or determination of duty.

(2b)

The Collector may refuse to assess the duty under paragraph (1)(b) until such abstract, affidavit or other evidence has been furnished accordingly.”.

Amendment of section 37