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In forceUpdated to 29 Dec 2023Read it in Bahasa Malaysia

Chapter 14

217. Multinational Top-up Tax

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(1)

Without prejudice to section 212 where a Constituent Entity—

(a)

has defaulted in furnishing a return in accordance with subsection 201(1) or 202(1);

(b)

makes an incorrect return by omitting or understating any tax of which he is required by this Part to make a return on behalf of himself or another Constituent

Entity; or

(c)

gives any incorrect information in relation to any matter affecting his own chargeability to tax or the chargeability to tax of any other Constituent Entity, for any Financial Year or Financial Years (that year or those years being referred to in this section as the relevant year or relevant years), the Director General and that

Constituent Entity may come to an agreement in writing as to the payment by that Constituent Entity of a sum of money

(in this section referred to as the total amount) being—

(i)

the amount of tax which has been undercharged or not charged for that relevant year or those relevant years in consequence of such default in furnishing a return or making an incorrect return or giving any incorrect information; and

(ii)

the amount of any penalty or penalties which that Constituent Entity may be required to pay for that relevant year or those relevant years pursuant to subsection 225(5) or 227(2) or both

(or where such penalty is abated or remitted under section 234 so much, if any, of the penalty which has not been abated or remitted).

(2)

Where the Director General and a Constituent Entity have come to an agreement pursuant to subsection (1), the Director General may make a composite assessment of the Domestic Top-up Tax or Multinational Top-up Tax as the case may be in respect of that Constituent Entity in the total amount.

(3)

As soon as may be after a composite assessment of the Domestic Top-up Tax or Multinational Top-up Tax as the case may be has been made, the Director General shall cause a notice of composite assessment to be served on the Constituent Entity in respect of whom the composite assessment was made.

Finance (No. 2)

(4)

A notice served under subsection (3) shall be in the prescribed form and shall indicate in addition to any other material included therein—

(a)

the relevant year or relevant years;

(b)

the amount or aggregate amount of tax undercharged or not charged in the relevant year or relevant years;

(c)

the amount or aggregate amount of any penalty imposed by virtue of subsection 225(5) or 227(2)

or both (or where such penalty is abated or remitted under section 234 so much, if any, of the penalty which has not been abated or remitted); and

(d)

the place at which payment of the total amount is to be made.

(5)

The total amount shall be collected as if it were part of the tax payable by the Constituent Entity in respect of whom the composite assessment of the Domestic Top-up

Tax or Multinational Top-up Tax as the case may be has been made but shall not be treated as tax so payable for the purposes of the provisions of this Part other than sections 220 to 222.

(6)

Notwithstanding any other provision of this Act—

(a)

a composite assessment of the Domestic Top-up Tax or Multinational Top-up Tax as the case may be made under this section shall be final and conclusive for the purposes of this Act; and

(b)

no appeal shall lie against a composite assessment.

Finality of Domestic Top-up Tax or Multinational Top-up

Report

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