Malaysia legislation
Section 6
of KAEDAH-KAEDAH CUKAI PENDAPATAN (PELAPORAN MENGIKUT NEGARA) (PINDAAN) 2017
Seksyen 6
Subkaedah 6(2) Kaedah-Kaedah ibu dipinda dengan memasukkan selepas perkataan “yang bermastautin” perkataan “atau merupakan suatu establismen tetap”.
Dibuat 19 Disember 2017
[Perb. CR(0.6869)/47(SJ.14); LHDN.01/10.5-1/68.3-45; PN(PU2)80/LXXXVIII]
DATUK SERI JOHARI BIN ABDUL GHANI
Menteri Kewangan Kedua
[Akan dibentangkan di
Dewan
Rakyat menurut subseksyen 154(2)
Akta Cukai Pendapatan 1967]
P.U. (A) 416 6
INCOME TAX ACT 1967
INCOME TAX (COUNTRY-BY-COUNTRY REPORTING) (AMENDMENT) RULES 2017
IN the exercise of the powers conferred by paragraph 154(1)(c) of the
Income Tax Act 1967 [Act 53], the Minister makes the following rules:
Citation 1.
These rules may be cited as the Income Tax (Country-by-Country Reporting)
(Amendment) Rules 2017.
General amendment 2.
Income Tax (Country-by-Country Reporting) Rules 2017 [P.U. (A) 357/2016], which is referred to as the “principal Rules” in these Rules, are amended—
(a)
by substituting for the word “company” wherever appearing the word
“entity”; and
(b)
by substituting for the words “MNC Group” wherever appearing the words
“MNE Group”.
Amendment of rule 2 3.
Rule 2 of the principal Rules is amended—
(a)
by substituting for the words “multinational corporation group” the words
“MNE Group”;
(b)
by deleting paragraph (a);
(c)
by inserting the word “and” at the end of the paragraph (b);
(d)
by substituting for paragraph (c) the following paragraph;
“(c) any of its constituent entities—
P.U. (A) 416 7
(i)
is an ultimate holding entity which is incorporated, registered or established or deemed to be incorporated, registered or established under the Companies Act 2016 [Act 777] or under any written law and resident in Malaysia;
(ii)
is incorporated, registered or established or deemed to be incorporated, registered or established under the
Companies Act 2016 or under any written law or under the laws of a territory outside Malaysia and resident in Malaysia;
(iii)
is a surrogate holding entity which is incorporated, registered or established or deemed to be incorporated, registered or established under the Companies Act 2016 or under any written law and resident in Malaysia; or
(iv)
is a permanent establishment in Malaysia.”; and
(e)
by deleting paragraph (d).
Amendment of rule 3 4.
Rule 3 of the principal Rules is amended—
(a)
in the definition of “multinational corporation group”—
(i)
by substituting for the words “multinational corporation group” the words “MNE Group”;
(ii)
by deleting the words “(hereinafter referred to as “MNC Group”)”;
(iii)
in the national language text—
(A)
by substituting for the word “perbadanannya” the word
“perusahaannya”; and
P.U. (A) 416 8
(B)
by substituting for the word “perbadanan” wherever appearing the word “perusahaan”; and
(iv)
in the English language text, by substituting for the words
“corporation” and “corporations” wherever appearing the words
“enterprise” and “enterprises” respectively; and
(b)
in the definition of “ultimate holding company”, by inserting after the words
“one or more other constituent entities of such MNC Group” the words “and there is no other constituent entity of such MNE Group that owns directly or indirectly such interest in the first mentioned constituent entity”.
Amendment of rule 4 5.
Rule 4 of the principal Rules is amended—
(a)
in paragraph (1)(b), by substituting for the words “where different from such jurisdiction of tax residence, the jurisdiction under the laws of which such constituent entity is organized” the words “the jurisdiction under the laws of which such constituent entity is incorporated, registered or established if it is different from such jurisdiction of tax residence”;
(b)
in subrule (2), by substituting for the words “Ringgit Malaysia” the words
“Malaysian ringgit (RM)”; and
(c)
by inserting after subrule (2) the following subrule:
“(2A) The information required to be reported under this rule by the reporting entity shall begin on 1 January 2017.”.
Amendment of rule 6 6.
Subrule 6(2) of the principal Rules is amended by inserting after the words
“that is resident” the words “or a permanent establishment”.
P.U. (A) 416 9
Made 19 December 2017
[Perb. CR(0.6869)/47(SJ.14); LHDN.01/10.5-1/68.3-45; PN(PU2)80/LXXXVIII]
DATUK SERI JOHARI BIN ABDUL GHANI
Second Minister of Finance
[To be laid before the Dewan Rakyat pursuant to subsection 154(2) of the
Income Tax Act 1967]