Malaysia legislation
Section 7
Section 7
The principal Act is amended by inserting after section 6 the following sections:
(a)
be made in the appropriate prescribed form;
Labuan Business Activity Tax (Amendment)
(b)
indicate, in addition to any other material included therein, the appropriate year of assessment and the amount or additional amount of chargeable profits and the tax charged thereon or the amount of tax or additional tax, as the case may be; and
(c)
specify in the appropriate space in that form the date on which that form was duly completed.
(2)
Where the form under subsection (1) appears to have been duly completed, the assessment shall, until the contrary is proved, be presumed to have been made on the date so specified.
Notice of assessment 6b. (1) As soon as may be after an assessment has been made under section 6, the Director General shall cause a notice of assessment to be served, personally or by post on the chargeable Labuan entity in respect of whom the assessment was made.
(2)
Where the tax charged under an assessment is increased on appeal to the Special Commissioners or a court, then, as soon as may be after the appeal has been decided there shall be served, personally or by post on the chargeable Labuan entity in respect of whom the assessment was made a notice of increased assessment.
(3)
A notice served under subsection (1) or (2) shall indicate, in addition to any other material included therein—
(a)
in the case of a notice served under subsection (1), the year of assessment and the amount or additional amount of the chargeable profits and the tax charged;
(b)
in the case of a notice served under subsection (2), the year of assessment and the amount of the increase in the tax charged; and
(c)
in either case—
(i)
the place at which payment is to be made;
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(ii)
the increase for late payment imposed by subsection 13a(2); and
(iii)
any right of appeal which may exist under this Act.
Finality of assessment 6c. (1) The assessment made, agreed to or determined, shall be final and conclusive for the purposes of this Act, where—
(a)
no valid notice of appeal against an assessment has been given under section 99 of the Income Tax
Act 1967 within the time specified by that section or any extension of time granted;
(b)
an agreement has been come to with respect to an assessment pursuant to subsection 101(2) of the
Income Tax Act 1967; or
(c)
an assessment has been determined on appeal and there is no right of further appeal.
(2)
Nothing in subsection (1) shall prejudice the exercise of any power conferred on the Director General by section 6.
Right of appeal 6d. (1) A person aggrieved by an assessment made on him may appeal to the Special Commissioners against the assessment in the same manner as an appeal against an assessment of income tax made under the Income Tax
Act 1967, and sections 99, 100, 101 and 102 of the Income
Tax Act 1967, as far as they are applicable and with the necessary modifications, shall apply to an appeal against an assessment made under this Act as if—
(a)
every reference in those sections to income tax or to tax were a reference to Labuan business activity tax; and
(b)
every reference in those sections to income were a reference to chargeable profits.
Labuan Business Activity Tax (Amendment)
(2)
Schedule 5 to the Income Tax Act 1967 shall apply with necessary modifications in relation to the procedures of hearing of appeals to the Special Commissioners and to the procedures of hearing of further appeals.”.
Amendment of section 9