/akn/my/act/pua/2015/291

PERINTAH CUKAI BARANG DAN PERKHIDMATAN (PELEPASAN) (PINDAAN) (NO. 2) 2015

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Type
P.U. (A)
Status
In force
Enacted
2015
Sections
6

Quick answer

About this p.u. (a)

PERINTAH CUKAI BARANG DAN PERKHIDMATAN (PELEPASAN) (PINDAAN) (NO. 2) 2015 is Malaysia P.U. (A), cited as P.U. (A) 291 2015, currently marked in force and first recorded in 2015.

Opening note

Preamble

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  1. PADA menjalankan kuasa yang diberikan oleh seksyen 56 Akta Cukai Barang dan Perkhidmatan 2014 [Akta 762], Menteri membuat perintah yang berikut: Nama dan permulaan kuat kuasa

Seksyen 2

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Perintah Cukai Barang dan Perkhidmatan (Pelepasan) 2014 [P.U. (A) 273/2014], yang disebut “Perintah ibu” dalam Perintah ini, dipinda dalam perenggan 3, dengan memotong perkataan

“logam berharga pelaburan yang dinyatakan dalam subbutiran 4(1) Jadual Pertama kepada Perintah Cukai Barang dan Perkhidmatan

(Pembekalan Dikecualikan) 2014 [P.U. (A) 271/2014] atau” .

Seksyen 3

Pindaan Jadual Pertama

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(i)

berhubung dengan perenggan (a) dalam ruang (2), dalam ruang (5)—

dalam perenggan (a), dengan menggantikan perkataan

“Head” dengan perkataan “Director”;

3

dalam perenggan (b), dengan menggantikan perkataan

“Head” dengan perkataan “Director General”;

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(C)

dalam perenggan (c), dengan menggantikan perkataan

“head” dengan perkataan “Director”; dan

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(D)

dengan memasukkan selepas perenggan (c) perenggan yang berikut:

“(d)

The Director General of Social Welfare Department or such other officer authorized by him”;

(ii)

berhubung dengan perenggan (c) dalam ruang (2)—

dengan memotong perkataan “and Universities and

University Colleges Act 1971” dalam ruang itu; dan dengan menggantikan perenggan dalam ruang (5) dengan perenggan yang berikut:

“The Director General of Higher Education, Department of Higher Education, or such other officer authorized by him”;

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(iii)

dengan memasukkan selepas perenggan (c) dalam ruang (2) dan butir-butir yang berhubungan dengannya dalam ruang (3), (4)

dan (5) perenggan yang berikut:

4

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(5)

Certificate to be signed by

(d)

Skills training providers which conduct skills training programme accredited under the

National

Skills

Develop-ment

Act 2006

[Act 562]

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(a)

Multimedia equipment directly used as a teaching aid

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(b)

Equipment for science and linguistic laboratory

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(c)

Tools and equipment for technical or vocational studies

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(d)

Chemical, solution and gas for the use in science laboratory

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(a)

That the goods acquired are directly used for the purpose to provide skills training program-me accredited under the

National

Skills

Develop-ment

Act 2006; and

Suggest a correction

(b)

that it is proved to the satisfac-tion of the

Director

General that the goods are imported or purchased from a registered person, or purchased under the ware-housing

The

Director

General of

Skills

Develop-ment or such other officer authorized by him

5

Suggest a correction

(b)

berhubung dengan butiran 16A, dalam ruang (4)—

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(i)

dengan menggantikan perenggan (b) dengan perenggan yang berikut:

“(b)

such goods are re-imported within twelve months from the date of export;” dan

(ii)

dengan menggantikan perenggan (f) dengan perenggan yang berikut:

“(f)

that where new parts have been added, the relief granted under this item shall operate only in respect of the remaining original parts of the goods re-imported and shall be subject to, the repairer certifying the details and values of the individual new parts added, and payment of the appropriate tax on the new parts that have been added.”;

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(c)

dengan memasukkan selepas butiran 16C butiran yang berikut:

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(5)

Certificate to be signed by 16D. The importer

Goods re-imported after being exported solely for the purpose of

(a)

(i)

That the goods are exported and re-imported by the same route; or

The importer scheme, for the use of the skills training program-me.

’’;

6

promotion, research or exhibition

(ii)

if the goods are re-imported by any other route, that export documents endorsed by the export station are produced to the proper officer of customs at the place of re-import certifying that the goods were exported solely for the purpose of promotion, research or exhibition;

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(b)

that the goods are re-imported within twelve months from the date of export;

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(c)

that the export and re-import are registered by the proper officer of customs at the time of export and re-import;

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(d)

that the goods are identified to the satisfaction of the proper officer of customs; and

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(e)

that where new goods have been added, the relief granted under

7

this item shall operate only in respect of the original goods re-imported and shall be subject to, the importer certifying the details and values of the goods added, and payment of the appropriate tax on the new goods that have been added.

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Seksyen 16E

The importer

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Goods re-imported under lease, hire or rental contract

(a)

That the goods are approved by the

Director General;

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(b)

(i)

that the goods are exported and re-imported by the same route;

or

(ii)

if the goods are re-imported by any other route, export documents endorsed by the export station are produced to the proper officer of customs at the place of re-import within the lease, hire or rental contract period;

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(c)

that the goods are re-imported

The importer

8

within the lease, hire or rental contract period;

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(d)

that the export and re-import are registered by the proper officer of customs at the time of export and re-import;

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(e)

that the goods are identified to the satisfaction of the proper officer of customs; and

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(f)

that where new goods have been added, the relief granted under this item shall operate only in respect of the original goods re-imported and shall be subject to, the importer certifying the details and values of the goods added, and payment of the appropriate tax on the new goods that have been added.

Suggest a correction

(d)

berhubung dengan butiran 26, dalam ruang (4)—

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(i)

dalam perenggan (a), dengan menggantikan perkataan “used”

dengan perkataan “ imported, purchased or acquired”; dan

(ii)

dalam perenggan (b), dengan memasukkan selepas perkataan

“purchased” perkataan “or acquired”; dan

’’;

9

Suggest a correction
Suggest a correction

(e)

dengan memasukkan selepas butiran 30 butiran yang berikut:

Suggest a correction

(5)

Certificate to be signed by 31.

Any person approved by the

Director

General

Investment precious metal as specified in subitem 4(1)

of the First

Schedule to the Goods and

Services

Tax

(Exempt

Supply) Order 2014 [P.U. (A)

271/2014]

(a)

That the goods are imported solely for investment purpose and not for manufacturing;

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(b)

that the goods are identified to the satisfaction of the proper officer of customs at the time of import;

and

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(c)

that the security as determined by the proper officer of customs is furnished.

Director

General

Pindaan Jadual Kedua 4.

Perintah ibu dipinda dalam Jadual Kedua—

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(a)

dengan menggantikan butiran 1 dengan butiran yang berikut:

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Suggest a correction

(5)

Certificate to be signed by 1.

Any person organizing fund raising event

Goods and services for charitable purposes

(a)

That the person organizing the fund raising event—

Suggest a correction

(i)

is registered under section 20 of the Act;

Certificate not required

’’.

10

(ii)

is licensed under the

House to

House and

Street

Collections

Act 1947

[Act 200] or approved by the relevant authorities;

and

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Suggest a correction

(b)

that the relief granted to the same person is not more than four times in one calendar year;

and

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(c)

that the fund raising event and the goods and services to be made in such event, are approved by the

Director General.

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(b)

dalam butiran 3, dengan menggantikan perenggan dalam ruang (5)

dengan perenggan yang berikut:

“Certificate not required”.

’’; dan 11

Dibuat 11 Disember 2015

[SULIT. KE.HF(152)860/01–2(67); Perb.R0.3865/356/1JLD.16(SK.5); PN(PU2)721/VI]

DATO’ SERI AHMAD HUSNI BIN MOHAMAD HANADZLAH

Menteri Kewangan Kedua

[Akan dibentangkan di Dewan Rakyat menurut subseksyen 56(2) Akta Cukai Barang dan Perkhidmatan 2014]

12

GOODS AND SERVICES TAX ACT 2014

GOODS AND SERVICES TAX (RELIEF) (AMENDMENT) (NO. 2) ORDER 2015

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Opening note

Preamble

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  1. IN exercise of the powers conferred by section 56 of the Goods and Services Tax Act 2014 [Act 762], the Minister makes the following order: Citation and commencement 1.

(1)

This order may be cited as the Goods and Services Tax (Relief)

(Amendment) (No. 2) Order 2015.

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(2)

This Order comes into operation on 1 January 2016.

Amendment of paragraph 3 2.

The Goods and Services Tax (Relief) Order 2014 [P.U. (A) 273/2014], which is referred to as the “principal Order” in this Order, is amended in paragraph 3, by deleting the words “investment precious metal as specified in subitem 4(1) of the First Schedule to the Goods and Services Tax (Exempt Supply) Order 2014 [P.U. (A) 271/2014] or”.

Amendment of First Schedule 3.

The principal Order is amended in the First Schedule—

(i)

in relation to paragraph (a) in column (2), in column (5)—

in paragraph (a), by substituting for the word “Head” the word “Director”;

in paragraph (b), by substituting for the word “Head” the word “Director General”;

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(C)

in paragraph (c), by substituting for the word “head” the word “Director”; and

13

Suggest a correction

(D)

by inserting after paragraph (c) the following paragraph:

“(d)

The Director General of Social Welfare Department or such other officer authorized by him”;

(ii)

in relation to paragraph (c) in column (2)—

by deleting the words “and Universities and University

Colleges Act 1971” in that column; and by substituting for the paragraph in column (5) the following paragraph:

“The Director General of Higher Education, Department of Higher Education, or such other officer authorized by him”;

Suggest a correction

(iii)

by inserting after paragraph (c) in column (2) and the particulars relating to it in columns (3), (4) and (5) the following paragraph:

Suggest a correction
Suggest a correction
Suggest a correction

(5)

Certificate to be signed by

(d)

Skills training providers which conduct skills training programme accredited under the

National

Skills

Develop-

Suggest a correction

(a)

Multimedia equipment directly used as a teaching aid

Suggest a correction

(b)

Equipment for science and linguistic laboratory

Suggest a correction

(a)

That the goods acquired are directly used for the purpose to provide skills training program-me

The

Director

General of

Skills

Develop-ment or such other officer authorized by him

14

ment

Act 2006

[Act 562]

for technical or vocational studies

Suggest a correction

(d)

Chemical, solution and gas for the use in science laboratory accredited under the

National

Skills

Develop-ment

Act 2006; and

Suggest a correction

(b)

that it is proved to the satisfac-tion of the

Director

General that the goods are imported or purchased from a registered person, or purchased under the ware-housing scheme, for the use of the skills training program-me.

Suggest a correction

(i)

by substituting for paragraph (b) the following paragraph:

“(b)

such goods are re-imported within twelve months from the date of export;” and

’’;

15

(ii)

by substituting for paragraph (f) the following paragraph:

“(f)

that where new parts have been added, the relief granted under this item shall operate only in respect of the remaining original parts of the goods re-imported and shall be subject to, the repairer certifying the details and values of the individual new parts added, and payment of the appropriate tax on the new parts that have been added.”;

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(c)

by inserting after item 16C the following items:

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Seksyen 16D

The importer

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Goods re-imported after being exported solely for the purpose of promotion, research or exhibition

(a)

(i)

That the goods are exported and re-imported by the same route; or

(ii)

if the goods are re-imported by any other route, that export documents endorsed by the export station are produced to the proper officer of customs at the place of re-import certifying that the goods were exported solely for the purpose of promotion,

The importer

16

research or exhibition;

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Suggest a correction

(b)

that the goods are re-imported within twelve months from the date of export;

Suggest a correction

(c)

that the export and re-import are registered by the proper officer of customs at the time of export and re-import;

Suggest a correction

(d)

that the goods are identified to the satisfaction of the proper officer of customs; and

Suggest a correction

(e)

that where new goods have been added, the relief granted under this item shall operate only in respect of the original goods re-imported and shall be subject to, the importer certifying the details and values of the goods added, and payment of the appropriate tax on the new goods that have been added.

Suggest a correction

Seksyen 16E

The importer

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Goods re-imported under lease, hire or rental contract

(a)

That the goods are approved by the

Director

General;

The importer

17

Suggest a correction

(b)

(i)

that the goods are exported and re-imported by the same route;

or

(ii)

if the goods are re-imported by any other route, export documents endorsed by the export station are produced to the proper officer of customs at the place of re-import within the lease, hire or rental contract period;

Suggest a correction
Suggest a correction

(c)

that the goods are re-imported within the lease, hire or rental contract period;

Suggest a correction

(d)

that the export and re-import are registered by the proper officer of customs at the time of export and re-import;

Suggest a correction

(e)

that the goods are identified to the satisfaction of the proper officer of customs; and

Suggest a correction

(f)

that where new goods have been added, the relief

18

granted under this item shall operate only in respect of the original goods re-imported and shall be subject to, the importer certifying the details and values of the goods added, and payment of the appropriate tax on the new goods that have been added.

Suggest a correction

(i)

in paragraph (a), by substituting for the word “used” the words

“imported, purchased or acquired”; and

(ii)

in paragraph (b), by inserting after the word “purchased” the words “or acquired”; and

Suggest a correction
Suggest a correction

(5)

Certificate to be signed by 31.

Any person approved by the

Director

General

Investment precious metal as specified in subitem 4(1)

of the First

Schedule to the Goods and

Services

Tax

(Exempt

Supply) Order 2014 [P.U. (A)

(a)

That the goods are imported solely for investment purpose and not for manufacturing;

Suggest a correction

(b)

that the goods are identified to the satisfaction of the proper officer of

Director

General

’’;

19

271/2014]

customs at the time of import;

and

Suggest a correction

(c)

that the security as determined by the proper officer of customs is furnished.

Amendment of Second Schedule 4.

The principal Order is amended in the Second Schedule—

Suggest a correction
Suggest a correction

(5)

Certificate to be signed by 1.

Any person organizing fund raising event

Goods and services for charitable purposes

(a)

That the person organizing the fund raising event—

Suggest a correction

(i)

is registered under section 20 of the Act;

(ii)

is licensed under the

House to

House and

Street

Collections

Act 1947

[Act 200] or approved by the relevant authorities;

and

Suggest a correction

(iii)

is not in the business of raising fund;

Certificate not required

’’.

20

Suggest a correction
Suggest a correction

(d)

that the relief granted to the same person is not more than four times in one calendar year;

and

Suggest a correction

(e)

that the fund raising event and the goods and services to be made in such event, are approved by the

Director General.

Suggest a correction

(b)

in item 3, by substituting for the paragraph in column (5) the following paragraph:

“Certificate not required”.

Made 11 December 2015

[SULIT. KE.HF(152)860/01–2(67); Perb.R0.3865/356/1JLD.16(SK.5); PN(PU2)721/VI]

DATO’ SERI AHMAD HUSNI BIN MOHAMAD HANADZLAH

Second Minister of Finance

[To be laid before the Dewan Rakyat pursuant to subsection 56(2) of the Goods and

Services Tax Act 2014]

’’; and

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Common questions

What is PERINTAH CUKAI BARANG DAN PERKHIDMATAN (PELEPASAN) (PINDAAN) (NO. 2) 2015?
PERINTAH CUKAI BARANG DAN PERKHIDMATAN (PELEPASAN) (PINDAAN) (NO. 2) 2015 is Malaysia P.U. (A), cited as P.U. (A) 291 2015, currently marked in force and first recorded in 2015.
Is PERINTAH CUKAI BARANG DAN PERKHIDMATAN (PELEPASAN) (PINDAAN) (NO. 2) 2015 still in force?
Yes — PERINTAH CUKAI BARANG DAN PERKHIDMATAN (PELEPASAN) (PINDAAN) (NO. 2) 2015 is currently in force.
When did PERINTAH CUKAI BARANG DAN PERKHIDMATAN (PELEPASAN) (PINDAAN) (NO. 2) 2015 take effect?
PERINTAH CUKAI BARANG DAN PERKHIDMATAN (PELEPASAN) (PINDAAN) (NO. 2) 2015 was first recorded in 2015.
How many sections does PERINTAH CUKAI BARANG DAN PERKHIDMATAN (PELEPASAN) (PINDAAN) (NO. 2) 2015 have?
PERINTAH CUKAI BARANG DAN PERKHIDMATAN (PELEPASAN) (PINDAAN) (NO. 2) 2015 contains 6 sections.
Where can I read the official version of PERINTAH CUKAI BARANG DAN PERKHIDMATAN (PELEPASAN) (PINDAAN) (NO. 2) 2015?
The official text of PERINTAH CUKAI BARANG DAN PERKHIDMATAN (PELEPASAN) (PINDAAN) (NO. 2) 2015 is published at lom.agc.gov.my.
PERINTAH CUKAI BARANG DAN PERKHIDMATAN (PELEPASAN) (PINDAAN) (NO. 2) 2015 (No. 291)