Malaysia legislation
Section 17
of LABUAN BUSINESS ACTIVITY TAX (AMENDMENT) (NO. 2) ACT 2024
Section 17
The principal Act is amended by inserting after section 21b the following section:
(a)
shall, if so required under this Act; or
(b)
may, if so allowed by the Director General, furnish any prescribed form on an electronic medium or by way of an electronic transmission.
(2)
For the purposes of subsection (1), the conditions and specifications under which any prescribed form is to be furnished shall be as determined by the Director General.
(3)
For the purposes of subsection (1), a person may authorize in writing a tax agent to furnish on his behalf any prescribed form in the manner provided for in subsection (1).
(4)
A prescribed form furnished in accordance with subsection (3) on behalf of any person shall be presumed to have been furnished on that person’s authority, until the contrary is proved, and the person shall be deemed to be cognizant of its contents.
(5)
Where subsection (3) applies—
(a)
the person who authorizes the tax agent shall make a declaration in the prescribed form under this Act stating that—
(i)
the tax agent is authorized to furnish the prescribed form to the Director General on his behalf; and
(ii)
the information provided by him to the tax agent for the preparation of the prescribed form is true and correct;
Labuan Business Activity Tax (Amendment) (No. 2)
(b)
the tax agent shall make a declaration in the prescribed form furnished in accordance with subsection (1)
stating that—
(i)
the prescribed form is prepared in accordance with the information given by the person;
and
(ii)
he has received a declaration made by the person under paragraph (a);
(c)
the person shall keep and retain in safe custody the prescribed form being the hard copy of the prescribed form so furnished and that hard copy shall be made under processes and procedures which are designed to ensure that the information contained in the prescribed form shall be the only information furnished in accordance with this section;
(d)
the hard copy referred to in paragraph (c) shall be signed by the person; and
(e)
the hard copy signed under paragraph (d) and the declaration made under paragraph (a) shall be kept and retained for a period of seven years from the end of the year of assessment in which the prescribed form is furnished.
(6)
Any prescribed form referred to in subsection (1) is deemed to have been furnished by the person to the
Director General on the date on which acknowledgement of receipt of the prescribed form is transmitted electronically by the Director General to the person.”.
Amendment of section 22da