Malaysia legislation

Section 36

of PROMOTION OF INVESTMENTS (AMENDMENT) ACT 2011

Section 36

Section 27F of the principal Act is amended—

(a)

in the shoulder note, by inserting after the words "subsection 26F(1)" the words "or (2A)";

(b)

in subsection (1), by substituting for the proviso the following proviso:

"Provided that—

(a)

where the Minister is satisfied that the company was engaged in an activity or had otherwise incurred capital expenditure in relation thereto, from a date prior to the date from which the activity was deemed as a promoted activity under section 4, the approval may be granted retrospectively from a date not earlier than the date from which the company has been engaged in that activity or the capital expenditure had been incurred in relation thereto; and

(b)

no approval shall be granted retrospectively under subsection (1) or under the foregoing proviso from a date which is earlier than three years from the date the application under subsection 26F(1) is received by the Minister.";

(c)

by inserting after subsection (1) the following subsection:

“(1A) The Minister may grant approval in respect of an application for an investment tax allowance made under subsection 26F(2A) subject to such terms and conditions as he deems fit:

Provided that—

(a)

where the Minister is satisfied that the company had established a medical devices testing laboratory or had upgraded an existing medical devices testing laboratory, or had otherwise incurred capital expenditure in relation thereto, the approval may be granted retrospectively from a date not earlier than 8 September 2007; and

(b)

no approval shall be granted retrospectively under subsection (1A) or under the foregoing proviso from a date which is earlier than three years from the date the application under subsection 26F(2A) is received by the Minister.";

(d)

in subsection (2), by substituting for the words "subsection (1)" the words "subsections (1) and (1A)"; and

(e)

in subsection (3), by substituting for the words "subsections (1) and (2)" the words "this section".

Amendment of section 27G