Finance (No. 2) Act 2023 · Updated to 29 Dec 2023 · Chapter 17
224. Failure of Constituent Entity to furnish information return
Feedback & supportAny Constituent Entity who has defaulted in furnishing an information return in accordance with section 201 on behalf of the Constituent Entity or another Constituent Entity, shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than twenty thousand ringgit and not more than one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Constituent Entity
“Constituent Entity” means— (a) any Entity that is included in a Group; or (b) any Permanent Establishment of a Main Entity that is within paragraph (a) and which is treated as separate from the Main Entity and any other Permanent Establishment of that Main Entity, but does not include an Excluded Entity;
Finance (No. 2)
In any prosecution under subsection (1), the burden of proving that an information return has been furnished shall be upon the Constituent Entity.
information return
“information return” means a return in the prescribed form as provided for under section 201;
Where a Constituent Entity has been convicted of an offence under subsection (1), the court may make a further order that the Constituent Entity shall comply with the relevant provision of this Act under which the offence has been committed within thirty days, or such other period as the court thinks fit, from the date the order is made.