Malaysia legislation
Section 22d
Section 22d
(2)
Where the Director General exercises his powers under subsection (1), the occupiers of such lands, buildings and places shall provide the Director General or an authorized officer with all reasonable facilities and assistance for the exercise of his powers under this section.
(3)
The Director General may take possession of any books, documents, objects, articles, materials and things to which he has access under subsection (1) where in his opinion—
(a)
the inspection of them, the copying of them or the making of extracts from them cannot reasonably be undertaken without taking possession of them;
(b)
they may be interfered with or destroyed unless he takes possession of them; or
(c)
they may be needed as evidence in any legal proceedings instituted under or in connection with this Act.
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(4)
A list of all things seized in the course of a search made under this section and of the places in which they are respectively found shall be prepared by the officer making the search and signed by him.
(5)
Where in the opinion of the Director General it is necessary for the purpose of ascertaining the chargeable profit from a business for any period to examine any books, accounts or records kept otherwise than in the national language or English, the Director General may by notice in writing require any person carrying on the business during that period to furnish within a time specified in the notice, not being less than thirty days from the date of service of the notice, a translation in the national language or English of the books, accounts or records in question.
Duty to keep documents for ascertaining chargeable profit and tax payable 22e. (1) Every person who is required to furnish a return of his profits for a year of assessment under this Act shall keep and retain in safe custody sufficient documents for a period of seven years from the end of that year of assessment for the purposes of ascertaining his chargeable profit and tax payable.
(2)
Where a person referred to in subsection (1) has not furnished a return as required under this Act for a year of assessment, that person shall keep and retain the documents referred to in subsection (1) that relate to that year of assessment for a period of seven years after the end of the year in which the return is furnished.
(3)
The Director General may waive all or any of the requirements under subsection (1) in respect of any profit.
(4)
Any person who is required by this section to keep documents and—
(a)
does so electronically, shall retain the document in an electronically readable form and shall keep the documents in such a manner as to enable the documents to be readily accessible and convertible into writing; or
Labuan Business Activity Tax (Amendment)
(b)
has originally kept documents in a manual form and subsequently converts those documents into an electronic form, shall retain those documents prior to the conversion in their original form.
(5)
All documents that relate to any profit in Malaysia shall be kept and retained in Malaysia.
(6)
For the purposes of this section, “documents” means—
(a)
statement of profits; and
(b)
invoices, vouchers, receipts and such other documents as are necessary to verify the particulars in a return.
Prosecution 22f. No prosecution for an offence under this Act shall be instituted except by or with the written consent of the Public
Prosecutor.”.
Amendment of section 23