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In forceUpdated to 29 Dec 2023Read it in Bahasa Malaysia

Chapter III · Amendments to the Real Property Gains Tax Act 1976

45. New section 19a

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The principal Act is amended by inserting after section 19

the following section:

“Relief other than in respect of error or mistake 19a.  (1)  Where any person, who has furnished to the Director

General a return in respect of a chargeable asset disposed of in a year of assessment in accordance with section 13 and has paid tax for that disposal, alleges that the assessment relating to that year of assessment is excessive by reason of—

(a)

any exemption, relief, remission, allowance or deduction granted for that year of assessment under this Act or any other written law is published in the Gazette after the year of assessment in which the return is furnished; or

(b)

the approval for any exemption, relief, remission, allowance or deduction is granted after the year of assessment in which the return is furnished,

that person may make an application in writing to the Director

General for relief.

(2)

The application under subsection (1) shall be made within five years after the end of the year the exemption, relief, remission, allowance or deduction is published in the

Gazette or the approval is granted, whichever is the later.

(3)

Upon receiving an application under subsection (1), the Director General shall inquire into the matter and may give such relief by way of repayment of tax which appears to the Director General to be just and reasonable.

(4)

An application under subsection (1) shall be made as nearly as may be in the same form as a notice of appeal under section 99 of the Income Tax Act 1967.

(5)

Where the applicant is aggrieved by the Director

General’s decision on the application under subsection (1)—

(a)

the applicant may within six months after being informed of the decision, request in writing to the

Director General to forward the application to the

Special Commissioners;

(b)

the Director General shall within three months after receiving the request send the application forward as if he were sending an appeal forward pursuant to section 102 of the Income Tax Act 1967; and

(c)

the application shall thereupon be deemed to be an appeal and shall be disposed of accordingly.”.

Report

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