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In forceUpdated to 29 Dec 2023Read it in Bahasa Malaysia

Chapter II · Amendments to the Income Tax Act 1967

16. New sections 82b and 82c

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The principal Act is amended by inserting after section 82a the following sections:

“Duty to provide information and furnish documents for ascertaining chargeable income and tax payable 82b.  (1)  Where a person has furnished to the Director

General a return in accordance with section 77 or 77a, that person shall provide information and furnish documents as may be determined by the Director General for the purpose of ascertaining his chargeable income and tax payable on an electronic medium or by way of electronic transmission within thirty days after the due date for furnishing of the return.

(2)

For the purposes of subsection (1), the provisions under section 152a other than subsection (3a) shall apply accordingly with any necessary modifications.

Duty to issue electronic invoice 82c.  (1)  Subject to this section, a person shall, in a year of assessment, issue an electronic invoice for each transaction in respect of any goods sold or services performed by the person for that year of assessment.

(2)

For the purposes of subsection (1)—

(a)

the Minister shall prescribe the persons who shall issue the electronic invoice and the particulars to be included in the electronic invoice; and

(b)

the conditions and specifications under which an electronic invoice is to be issued shall be as determined by the Director General under the guidelines issued in accordance with section 134a.

(3)

Any electronic invoice issued by a person in respect of goods sold or services performed under subsection (1)

shall be transmitted electronically to and validated by the

Director General.

(4)

Where for any year of assessment a person is required to issue an invoice under any other written law in respect of goods sold or services performed, the electronic invoice issued in accordance with subsection (1) including any other particulars as may be required shall be construed as an invoice issued under that law provided that where the particulars of electronic invoice are inconsistent with the requirements for the issuance of invoice under that law, the electronic invoice shall only be valid and enforceable for the purposes of this Act.

(5)

Where for any year of assessment an electronic invoice is issued in accordance with subsection (1), the

Director General shall not be liable for any loss or damage suffered by any person due to any error or omission arising, appearing in an electronic invoice provided that the error or omission

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was made in good faith and in the ordinary course of the discharge of the duties of the Director General or occurred or arose as a result of any defect or breakdown in the service or in the equipment used for the issuance of the electronic invoice.

(6)

Subject to the conditions as may be determined by the

Director General, where for any year of assessment a person acquires any goods sold or enjoys any services performed, the person shall for that year of assessment issue a self-billed invoice in accordance with the conditions as may be imposed by the Director General and the invoice shall be treated as an electronic invoice.

(7)

The Director General may for any year of assessment in respect of any goods sold or services performed, determine a person to consolidate the number of transactions in respect of such goods sold or services performed in that year of assessment into a consolidated transaction invoice, and that person shall transmit the consolidated transaction invoice to the Director General within a specified time and in accordance with the conditions as determined by the Director

General and such consolidated transaction invoice shall for the purposes of this section constitute an electronic invoice issued by that person.

(8)

Where for any year of assessment a person makes an error or mistake in respect of any electronic invoice issued in accordance with this section, the person may for the purpose of rectifying the error or mistake issue a substitute electronic invoice within three days from the date of issuance of the defective electronic invoice.

(9)

Where for any year of assessment any goods sold or services performed by a person involves the issuance of credit note or debit note, the person issuing the credit note or debit note shall make adjustments in ascertaining his chargeable income for that year of assessment accordingly.

(10)

A person may, in respect of any goods sold or services performed by him in any year of assessment, add any additional particulars to the electronic invoice under this section.

(11)

The provisions of the Personal Data Protection

Act 2010 [Act 709] shall not apply to any personal data processed for electronic invoice issued or transmitted to the

Director General under this section and any other related provisions of this Act.”.

Report

Chapter 1

Chapter 2

Chapter 3

Chapter 4

Chapter 5

Chapter 6

Chapter 7

Chapter 8

Chapter 9

Chapter 10

Chapter 11

Chapter 12

Chapter 13

Part XI

Chapter 14

Chapter 15

Chapter 16

Chapter 17

Chapter 18

Chapter 19

Chapter III

Amendments to the Real Property Gains Tax Act 1976

Chapter IV

Amendments to the Stamp Act 1949

Chapter V

Amendments to the Petroleum (Income Tax) Act 1967

Chapter VI

Amendments to the Labuan Business Activity Tax Act 1990

Chapter VII

Amendment to the Entertainments Duty Act 1953

Chapter VIII

Amendment to the Customs Act 1967

Chapter IX

Amendment to the Excise Act 1976

Chapter X

Amendment to the Goods Vehicle Levy Act 1983

Chapter XI

Amendment to the Windfall Profit Levy Act 1998

Chapter XII

Chapter XIII

Amendments to the Sales Tax Act 2018

Chapter XIV

Amendments to the Service Tax Act 2018

Chapter XV

Amendment to the Departure Levy Act 2019