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In forceUpdated to 29 Dec 2023Read it in Bahasa Malaysia

Chapter 13

207. Duty of Constituent Entity to keep documents for ascertaining tax payable

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(1)

Subject to this section, every Constituent Entity which is required to furnish a return as required under this Part for a Reporting Financial Year shall keep and retain in safe custody sufficient documents for a period of seven years from the end of that Reporting Financial Year for the purpose of administering and determining liability to

Domestic Top-up Tax or Multinational Top-up Tax.

(2)

Where a Constituent Entity referred to in subsection (1)

has not furnished a return as required under this Part for a Reporting Financial Year, that Constituent Entity shall keep and retain the documents referred to in subsection (1)

that relate to that Financial Year for a period of seven years after the end of the year in which the return is furnished.

(3)

The Director General may specify by statutory order in respect of any class or description of business (or by notice under his hand in respect of the business of any particular

Constituent Entity) the form of records to be kept under subsection (1) and the manner in which they shall be kept and retained.

(4)

The Director General may waive all or any of the provisions of subsection (1) in respect of any particulars in an information return or Top-up Tax return furnished by a

Constituent Entity.

(5)

Any Constituent Entity who is required by this section to keep documents and—

(a)

does so electronically shall retain them 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

(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.

(6)

All documents for the purpose of administering and determining liability to Domestic Top-up Tax and Multinational

Top-up Tax in Malaysia shall be kept and retained in Malaysia.

(7)

For the purposes of this section, “documents” means—

(a)

any documents as are necessary to verify the particulars in an information return or Top-up Tax return furnished by a Constituent Entity; or

(b)

any other records as may be specified by the

Director General under subsection (3).

Report

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