Malaysia legislation
Section 39
of MEASURES FOR THE COLLECTION, ADMINISTRATION AND ENFORCEMENT OF TAX ACT 2024
Section 39
New sections 72b, 72c and 72d
The principal Act is amended by inserting after section 72a the following sections:
“Penalty for failure to keep record and other offences 72b. Any person who, without reasonable excuse—
(a)
fails to keep and retain the books, records and documents as required under subsection 9(7);
(b)
fails to notify the Collector as required under subsection 15(6a);
(c)
fails to notify the Collector as required under subsection 15a(6); or
(d)
fails to keep the instrument and all relevant documents as required under section 35b, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit.
Failure to furnish return 72c. (1) Any person who fails to furnish a return with the instrument which is executed and chargeable with duty in accordance with section 35a without reasonable excuse shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit.
Measures for the Collection, Administration and Enforcement of Tax 25
(2)
Where a person has been convicted of an offence under subsection (1), the court may make a further order that the person shall comply with the relevant provision of this Act under which the offence has been committed within thirty days, or such other period as the court considers appropriate, from the date the order is made.
(3)
Where a person fails to furnish a return with the instrument which is executed and chargeable with duty in accordance with section 35a and no prosecution under subsection (1) has been instituted in relation to such failure, the Collector may require that person to pay a penalty of not less than two hundred ringgit and not more than two thousand ringgit.
(4)
The Collector may, if he thinks fit, reduce or remit the penalty referred to in subsection (3).
Incorrect returns 72d. (1) Where a person—
(a)
makes an incorrect return by omitting or understating any duty of which he is required by this Act to make a return; or
(b)
gives any incorrect information in relation to any matter affecting his own chargeability to duty, unless he satisfies the court that the incorrect return or incorrect information was made or given in good faith, such person shall be guilty of an offence and shall be liable on conviction to a fine of not less than one thousand ringgit and not more than ten thousand ringgit and shall pay a special penalty equal to the amount of duty which has been undercharged in consequence of the incorrect return or incorrect information or which would have been undercharged if the return or information had been accepted as correct.
Act 863
(2)
Where a person—
(a)
makes an incorrect return by omitting or understating any duty of which he is required by this Act to make a return; or
(b)
gives any incorrect information in relation to any matter affecting his own chargeability to duty, and where no prosecution under subsection (1) has been instituted in respect of the incorrect return or incorrect information, the Collector may require that person to pay a penalty equal to the amount of duty which has been undercharged in consequence of the incorrect return or incorrect information or which would have been undercharged if the return or information had been accepted as correct.
(3)
The Collector may, if he thinks fit, reduce or remit the penalty referred to in subsection (2).”.
Amendment of section 74