Malaysia legislation

Section 193

of AKTA KEWANGAN (NO. 2) 2023

Seksyen 193

(2)

For the purposes of subsection (1), a Constituent

Entity that indirectly owns an Ownership Interest in an

Investment Entity or Insurance Investment Entity through a direct Ownership Interest in another Investment Entity or

Insurance Investment Entity is considered to be subject to tax under a mark-to-market or similar regime with respect to the indirect Ownership Interest in the first-mentioned

Entity if it is subject to a mark-to-market or similar regime with respect to the direct Ownership Interest in the second-mentioned Entity.

(3)

The election under this section is a Five-Year Election.

(4)

If the election is revoked, gain or loss from the disposition of an asset or liability held by the Investment

Entity shall be determined based on the fair value of the assets or liabilities on the first day of the revocation year.

Taxable Distribution Method Election