Malaysia legislation
Section 47
Section 47
Section 42 of the principal Act is amended—
(a)
in subsection (1), by substituting for the words
“section 58” the words “subsection 56(5)”; and
(b)
by inserting after subsection (3) the following subsections:
“(4) Where any tax due and payable is not paid wholly or partly by any person other than a taxable person after the last day on which it is due and payable under subsection (1) and no prosecution is instituted, the person shall pay—
(a)
for the first thirty-day period that the tax is not paid wholly or partly after the expiry of the period specified in subsection (1), a penalty of ten per cent of the amount of tax remain unpaid;
(b)
for the second thirty-day period that the tax is not paid wholly or partly after the expiry of the period specified in subsection (1), an additional penalty of fifteen per cent of the amount of tax remain unpaid; and
48
Act 785
(c)
for the third thirty-day period that the tax is not paid wholly or partly after the expiry of the period specified in subsection (1), an additional penalty of fifteen per cent of the amount of tax remain unpaid.
(5)
Subject to subsection (7), prosecution for the offence under subsection (3) may be instituted after the expiry of the period specified in paragraph (4)(c).
(6)
The court may order that any person other than a taxable person who is convicted for the offence under subsection (3) shall pay the penalty as specified in subsection (4).
(7)
No prosecution for the offence under subsection (3)
shall be instituted against any person other than a taxable person who has paid the amount of tax due and payable and the penalty specified under subsection (4)
within the period specified in subsection (4).”.
Amendment of section 49