Companies Act 2016 · Updated to 31 Jan 2025 · Part III · Management of Company
226. Prohibition of tax free payments to directors
Feedback & supportA company shall not pay a director any remuneration, whether as director or otherwise, free of income tax, or otherwise calculated by reference to or varying with the amount of his income tax, or the rate of income tax.
Any provision contained in the constitution or any resolution of the Board or members of the company for payment to a director of remuneration free of income tax or otherwise calculated by reference to or varying with the amount of his income tax or the rate of income tax shall have effect as if the provision or resolution, as the case may be provide for payment as a gross sum subject to income tax, of the net sum for which it actually provides.
Board
“Board”, in relation to a company, means— (a) directors of the company who number not less than the required quorum acting as a board of directors; or (b) if the company has only one director, that director;
The company and every officer and any other person or individual who contravene this section commit an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding three million ringgit or to both.