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Schedule

KAEDAH-KAEDAH CUKAI PENDAPATAN (POTONGAN BAGI PERBELANJAAN KE ATAS TERBITAN DEBENTUR RUNCIT DAN SUKUK RUNCIT) 2013

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Jadual 6 Akta Pasaran Modal dan Perkhidmatan 2007; dan
(c)
orang yang kepadanya suatu terbitan terkecuali dibuat sebagaimana yang dinyatakan dalam Bahagian A Jadual 7 Akta

Pasaran Modal dan Perkhidmatan 2007.

(6)
Jumlah amaun potongan yang dibenarkan di bawah perenggan (1)(a)
hendaklah bersamaan dengan dua kali amaun perbelanjaan tambahan yang dibenarkan di bawah Kaedah-Kaedah ini.

(7)
Jumlah amaun potongan yang dibenarkan di bawah perenggan (1)(b)
hendaklah sama dengan amaun perbelanjaan tambahan yang dibenarkan di bawah
Kaedah-Kaedah ini.

Dibuat 22 Februari 2013
[Perb.CR(8.20)116/1-138JLD.2(SK.4);LHDN.01/35/(S)/42/51/Klt.19; PN(PU2)80/LXIX]

DATO’ SERI AHMAD HUSNI MOHAMAD HANADZLAH

Menteri Kewangan Kedua

[Akan dibentangkan di Dewan Rakyat menurut subseksyen 154(2) Akta Cukai Pendapatan 1967]

P.U. (A) 71 5

INCOME TAX ACT 1967

INCOME TAX (DEDUCTION FOR EXPENDITURE ON ISSUANCE OF RETAIL DEBENTURE
AND RETAIL SUKUK) RULES 2013

IN exercise of the powers conferred by paragraphs 154(1)(b) and 33(1)(d) of the
Income Tax Act 1967 [Act 53], the Minister makes the following rules:

Citation and commencement 1.
(1)
These rules may be cited as the Income Tax (Deduction for
Expenditure on Issuance of Retail Debenture and Retail Sukuk) Rules 2013.

(2)
These Rules are deemed to have effect from the year of assessment 2012
until the year of assessment 2015.

Deduction 2.
(1)
For the purpose of ascertaining the adjusted income of a company resident in Malaysia, from its business for the basis period for a year of assessment, a deduction on additional expenses incurred by the company shall be allowed on the issuance of—

(a)
a retail debenture approved or authorized by the Securities

Commission under the Capital Markets and Services Act 2007

[Act 671]; and

(b)
a retail sukuk approved or authorized by the Securities

Commission  under the Capital Markets and Services Act 2007.

(2)
The following are the additional expenses referred to in subrule (1):

(a)
a professional fee relating to due diligence, drafting and preparation of prospectus;

(b)
a printing cost of prospectus;

P.U. (A) 71 6

(d)
the Securities Commission prospectus registration fee;

(e)
the Bursa Malaysia processing fee and initial listing fee;

(f)
the Bursa Malaysia new issue crediting fee; and

(g)
a primary distribution fee.

(3)
A retail debenture referred to in paragraph (1)(a)—

(a)
has the same meaning assigned to the definition of “debenture” in the Capital Market and services Act 2007; and

(b)
shall be any debenture that is proposed to be issued or offered to a retail  investor and includes a debenture where an invitation to subscribe or purchase of the debenture is proposed to be issued to the retail investor.

(4)
A retail sukuk referred to in paragraph (1)(a)—

(a)
has the same meaning as provided in the guidelines relating to sukuk issued by the Securities Commission under the Capital
Markets and Services Act 2007; and

(b)
shall be any sukuk that is proposed to be issued or offered to a retail  investor and includes a sukuk where an invitation to subscribe or  purchase of the sukuk is proposed to be issued to the retail investor.

(5)
A retail investor referred to in subrules (2) and (3) shall be any person other than—

P.U. (A) 71 7

(a)
the Central Bank of Malaysia referred to in the Central Bank of

Malaysia Act 2009 [Act 701];

(b)
a person to whom an excluded offer or excluded invitation is made as specified in Part A of Schedule 6 to the Capital Markets and

Services Act 2007; and

(c)
a person to whom an excluded issue is made as specified in Part A of Schedule 7 to the Capital Markets and Services Act 2007.

(6)
The total amount of deduction allowed under paragraph (1)(a) shall be equivalent to twice the amount of additional  expenses allowed under these Rules.

(7)
The total amount of deduction allowed under paragraph (1)(b) shall be an amount equal to the additional expenses allowed under these Rules.

Made 22 February 2013
[Perb.CR(8.20)116/1-138JLD.2(SK.4);LHDN.01/35/(S)/42/51/Klt.19; PN(PU2)80/LXIX]

DATO’ SERI AHMAD HUSNI MOHAMAD HANADZLAH

Second Minister of Finance

[To be laid before the Dewan Rakyat pursuant to subsection 154(2) of the Income Tax Act 1967]

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