Malaysia legislation
Section 12
Section 12
(2)
, the person making the sale issues a tax invoice in respect of it or if, before the time applicable under section 11(1)(a) or (b) or section 11(2), he receives a payment in respect of it, the sale shall, to the extent covered by the invoice or payment, be treated as taking place at the time the invoice is issued or the payment is received, as the case may be, whichever is the earlier.
(2)
If, within fourteen days after the time applicable under section 11(1) or (2), the person making the sale issues a tax invoice in respect of it, then, unless he has notified the Comptroller in writing that he elects not to avail himself of this subsection, the sale shall (to the extent that it is not treated as taking place at the time mentioned in subsection (1)) be treated as taking place at the time the invoice is issued.
(3)
The Comptroller may, at the request of a taxable person, direct that subsection (2) shall apply in relation to sales made by him
(or such sales made by him as may be specified in the direction) as if for the period of fourteen days there were substituted such longer period as may be specified in this direction.
(4)
Where a taxable person provides a document to himself which—
(a)
purports to be a tax invoice in respect of a sale to himself or a company belonging to or controlled by him, by another taxable person; and
(b)
is in accordance with regulations made under section 17 and the Comptroller has approved that it be treated as the tax invoice required by the regulations to be provided by the seller,
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subsections (2) and (3) shall have effect in relation to that sale as if—
(i)
the provisions of the document to himself by the first-mentioned taxable person were issued by the seller or supplier of a tax invoice in respect of the sale; and
(ii)
any notice of election given or request made by the first-mentioned taxable person for the purposes of those provisions had been given or made by the seller.
(5)
The Comptroller may, at the request of a taxable person, by direction in writing, alter the time at which sales made by him (or such sales made by him as may be specified in the direction) are to be treated as taking place, either—
(a)
by directing that those sales are to be treated as taking place—
(i)
at times or on dates determined by or by reference to the occurrence of some event described in the direction; or
(ii)
at times or on dates determined by or by reference to the time when some event so described would in the ordinary course of events occur, the resulting times or dates being in every case earlier than would otherwise apply; or
(b)
by directing that, notwithstanding subsections (2) and
(3)
, those sales shall (to the extent that they are not treated as taking place at the time mentioned in subsection (1)) be treated as taking place—
(i)
at the beginning of the relevant working period
(as defined in his case in and for the purposes of the direction); or
(ii)
at the end of the relevant working period (as so defined).
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(6)
Where there is a sale of taxable goods by virtue only of a transfer or disposal of assets, the sale is treated as taking place when the taxable goods are transferred or disposed of.
(7)
The Majlis Mesyuarat Kerajaan Negeri may, by regulations, make provision with respect to the time at which
(notwithstanding subsections (1) to (3), (6) and (7) and section 11) a sale is to be treated as taking place in cases where—
(a)
it is a sale of taxable goods or taxable services for a consideration the whole or part of which is determined or payable periodically, or from time to time, or at the end of any period;
(b)
it is a sale of taxable goods for a consideration the whole or part of which is determined at the time when the taxable goods are appropriated for any purpose;
(c)
the taxable goods are imported or conveyed into the
State for the purposes of sale, supply, retail or re-distribution to persons, within the State, and for any such case the regulations may provide for taxable goods or taxable services to be treated as separately and successively sold or supplied at prescribed times or intervals.
(8)
In this section, “tax invoice” means such an invoice as is required under section 16(1)(c) or (d), or would be so required if the person to whom the sale is made were a taxable person.