Professional Documents
Culture Documents
PBL PROJECT
(INVESTMENT INCENTIVES)
TO: DR SALIZA BINTI ABDUL AZIZ
FROM: TIC TAX GROUP
NO
1
2
3
4
5
6
NAME
NO MATRIC
225277
225311
225536
225658
227198
243249
TABLE OF CONTENTS
NO
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
CONTENT
INVESTMENT INCENTIVES
INCENTIVES RELATED TO THE PROJECT
RELEVANT COMPUTATIONS
SUITABLE INCENTIVE THAT SHOULD BE APPLIED
PROCEDURES TO APPLY THE INCENTIVE
PBL DISCUSSION
PEER EVALUATION
RUBRIC
1| P a g e
PAGE
2
8
9
11
12
22
24
40
1.0
INVESTMENT INCENTIVES
Investment incentives are the government schemes aimed at stimulating private sector interest in
specified types of capital expenditure, investment in areas of high unemployment or investment
in specific industries. Investment incentives are available under the Promotion of Investment Act
1986 (PIA 1986) and Income Tax Act 1967. The incentives are often for direct investors as
opposed to portfolio investors, related to real investment in productive activities rather than
investment in financial assets and directed to foreign investors on the grounds that there is
insufficient domestic capital for the desired level of economic development and that international
investment brings modern technology and management techniques. Different incentives will
differently affect company profit or loss.
1.1
In Malaysia, there are two types of tax incentives which are direct and indirect, provided in the
Promotion of Investments Act 1986, Income Tax Act 1967, Customs Act 1967, Sales Tax Act
1972, Excise Act 1976 and Free Zones Act 1990. These Acts cover investments in the
manufacturing, agriculture, tourism (including hotel) and approved services sectors as well as
R&D, training and environmental protection activities.
For the direct tax incentives the government provides grants or tax exemptions either
partial of full relief from paying income tax for a specific period. For indirect tax incentives are
in the form of exemptions from import duty, sales tax and excise duty.
For the available investment incentives provided by the Malaysian Government under
direct incentives which is PIA 1986 are pioneer status, investment tax allowance, infrastructure
allowance, tourism incentive and double deduction. Pioneer status is tax incentive which
2| P a g e
provides through partial exemption from payment of Income Tax. Income tax exemption of 70%
- 100% of statutory income for 5 years. It can be extended to another 5 years if the companies is
for treatment of water or project that are of national. Unabsorbed capital allowances and
accumulated losses incurred during the pioneer period can be carried forward and deducted from
the post pioneer status of the company.
The investment tax allowance is an alternative incentive that companies can choose for
other than the Pioneer Status. ITA is designed to cater for projects which have large capital
investments with long gestation period. An allowance of 60% on qualifying capital expenditure
(factory, plant, machinery or other equipment used for the approved project) incurred within 5
years from the date the first qualifying capital expenditure is incurred. The allowance is restricted
to 70% of Statutory Income (SI) in each year of assessment. The unabsorbed allowance can be
carry forward to subsequent years until it is fully absorbed.
The infrastructure allowance, which is governed by Section 41B of the PIA 1986, is an
incentive granted to companies which incurred qualifying capital expenditure on infrastructure in
respect of business or businesses in operation in promoted areas Section 41A PIA 1986 defines
infrastructure as construction, reconstruction, extension or improvement of any permanent
structure including a bridge, jetty, port or road. It is available to any company resided in
Malaysia engaged in manufacturing, agriculture, hotel, tourist or other industrial/commercial
activity in Sabah, Sarawak and the designated Eastern Corridor of Peninsular Malaysia. There
are some capital expenditure that do not qualify for infrastructure allowance which are
expenditure qualify for investment tax allowance or industrial adjustment allowance, expenditure
qualify for capital allowance and reinvestment, expenditure incurred plant and machinery used
for storage, treatment or scheduled waste purposes and lastly is expenditure incurred on
3| P a g e
buildings used as staff living accommodation and plant and machinery provided for
management, administration and clerical employees.
Reinvestment allowance is
available for manufacturing companies that are participating in industrial adjustment program
and companies participating in agriculture project activity or promoted product. This allowance
is a special tax incentive granted to Malaysia resident company which operate for not less than
36 months and incurred capital expenditure on a factory, plant and machinery used in Malaysia
for the purpose of a qualifying project and which incurred to an agricultural in Malaysia. It is
4| P a g e
given to a qualifying person or company at the equivalent to 60% of that expenditure and
restricted to 70% of statutory income.
Promotion of export is to make provision for promoting by way of relief from income tax
the establishment and development in Malaysia of industrial, agricultural and other commercial
enterprises, for the promotions of exports and for incidental and related purposes. There are some
of examples of promotion of export which are publicity and advertisement means that the cost of
advertisement in any media outside Malaysia. Examples of media are television, web site, radio,
newspapers, trade or general magazines, trade directories and guidebooks. The expenses
involved here are expenses directly related to carrying out export market research or obtaining
export market information. Examples of such expenses is cost of acquiring samples overseas to
be brought back to Malaysia for study and modification in order to develop products for export.
For the allowance for Increased Exports of Manufactured Products or Agricultural
Produce, manufacturing company or a company in the agriculture sector, resident in Malaysia,
which exports manufactured products or agricultural produce is eligible to claim an Allowance
for Increased Exports pursuant to the Income Tax. The allowance is determined based on
manufactured products and agricultural products. Under manufactured products 10% of the value
of increased exports of manufactured product by the company where the products exported
attained at least 30% of value added. Value added is the sale price of goods at factory price less
the total cost of raw material. For the agricultural products is 10% of the value increased exports
of agricultural produce by the company. There also have income tax exemption on export which
manufacturing and agriculture company that export will be qualify for exemption based on
increased export but the rate of exemption will depends on several criteria which the increase in
exports value of at least 50%, exemption is 30%. Company that incorporated in Malaysia with at
5| P a g e
least 60% of its issued share capital is owned by Malaysia and the amount of exemption against
70% of statutory income and credited to an exempt income account.
Lastly is green building which the Government has launched the green building index
(GBI) on 21 May 2009. GBI is a green rating index on environment-friendly buildings. The
index is based on certain criteria amongst which are energy and water efficiency; indoor
environmental quality, sustainable management and planning of building sites in respect of
pollution control and facilities for workers and usage of recyclable, environment friendly
materials and resources and adoption of new technology. Owners of buildings will be awarded
the GBI certificate are eligible for tax exemption equivalent to 100% of the additional capital
expenditure incurred to obtain the GBI certificate. The exemption is allowed to set-off against
100% of the statutory income for each year of assessment. The incentive is applicable for new
buildings and upgrading of existing buildings. The incentive is given only for the first GBI
certificate issued in respect of the building.
1.2
Manufacturing Sector
The Malaysian Investment Development Authority (MIDA) was incorporated in 1967 to promote
the growth of manufacturing sector in Malaysia. Manufacturing sector is one of the important
sector in promoting the Malaysia economy and expected to spearhead to drive to fulfil the
industrialization objective. Manufacturing is defined as the making, altering, blending,
ornamenting, finishing or otherwise treating or adapting any article or substance with a view to
its use, sale, transport, delivery, or disposal and includes, the assembly of parts and ship repairing
but shall not include any activity normally associated with retail or wholesale. Two major tax
incentives for companies investing in manufacturing sector are pioneer status and investment tax
6| P a g e
allowance. These two tax incentives are mutually exclusive. Investor need to analyse which
incentive should be applied because it will affect the tax liability. If a company granted for
pioneer status, it is no longer entitled to apply for investment tax allowance.
These incentives cover investments in the manufacturing, agriculture, tourism (including
hotel) and approved services sectors as well as R&D, training and environmental protection
activities. There are some policy for manufacturing sector which are local company incorporated,
manufacturing license application, no restriction on foreign equity ownership and free movement
of funds for foreign investments in Malaysia.
These are the list of promoted activites and product :
7| P a g e
Promoted areas are located at Sabah, Sarawak, the Federal Territory of Labuan and Eastern
Corridor of Peninsular Malaysia which is Kelantan, Terengganu and Pahang.
8| P a g e
2.0
eligible for Pioneer Status and Investment Tax Allowance incentives. A company that is granted
Pioneer Status may enjoy a five-year partial exemption of from paying income tax. The
exemption is valid for 70% of statutory income of a company with the exemption period
commencing from its first production day. This means that CAS Sdn Bhd will be taxed for only
30% of its statutory income starting from 1 January 2013 to 31 December 2017.
In order to compute the incentive amount, any adjusted loss from a non-pioneer business
or loss from pioneer business will reduce the statutory income credited to exempt account.
However, any unabsorbed pioneer or non-pioneer loss and donation made during the year will
not reduce the amount of the statutory income.
On the other hand, CAS Sdn Bhd is also granted Investment Tax Allowance (ITA) which
is an alternative that companies can opt for other than Pioneer Status. ITA is a more suitable
choice for projects with large capital investments and have long gestation period. Unlike Pioneer
Status where incentive is given on statutory income, the ITA is given based on certain
percentages of the qualifying capital expenditure. A company granted ITA is entitled to an
allowance of 60% on its qualifying capital expenditure (factory, plant, machinery or other
equipment used for the approved project) incurred within five years from the date the first
qualifying capital expenditure is incurred. The company can offset this allowance against 70% of
its statutory income for each year of assessment. The balance of that statutory income will be
taxed at the prevailing company tax rate. Any unutilized allowance can be carried forward to
subsequent years until the whole amount is fully utilized.
9| P a g e
3.0
RELEVANT COMPUTATIONS
PIONEER STATUS
2013
2014
2015
(RM)
(RM)
(RM)
Statutory income/loss
NIL
70,000
80,000
70% of SI
NIL
49,000
56,000
NIL
21,000
24,000
Statutory income/loss
40,000
NIL
50,000
Add: Interest
24,000
36,000
30,000
Aggregate income
64,000
36,000
80,000
NIL
*(31,000)
NIL
64,000
5,000
80,000
NIL
21,000
24,000
Chargeable income
64,000
26,000
104,000
16,000
6,500
26,000
Pioneer business
Non-pioneer business
80,000 (total loss) - 49,000 (deducted against exempt account) = 31,000 (deducted
against non-pioneer business)
Exempt account
70% of SI
10| P a g e
2013
2014
2015
NIL
49,000
56,000
NIL
(49,000)
NIL
NIL
NIL
(50,000)
NIL
NIL
6,000
2014
2015
NIL
70,000
80,000
30,000
32,000
NIL
ITA b/f
30,000
13,000
(49,000)
(56,000)
30,000
13,000
(24,000)
NIL
21,000
24,000
(50,000)
(29,000)
Chargeable income
NIL
NIL
NIL
NIL
NIL
NIL
Adjusted loss of
50,000
29,000
5,000
Statutory income
Less ITA:
ITA current
ITA of
Taxable SI (30%)
Less: unabsorbed adjusted loss b/f
4.0
Since the incentives are mutually exclusive, CAS Sdn Bhd will have to compare between the two
incentives to choose one that will give them the best tax savings.
ITA or PS
ITA (RM)
11| P a g e
PS (RM)
EXEMPT ACCOUNT
TAX PAYABLE
62,000
NIL
6,000
48,500
Based on the comparison, the suitable incentive that we would advise CAS Sdn Bhd to apply for
is Investment Tax Allowance. The reason for this decision is because the ITA has a higher
exempted income account and lower tax payable compared to PS. The exempt account amount is
RM62,000 with no tax payable incurred compared to PS which has a lower exempt account
amount at RM6,000 and it has to pay a tax liability of RM48,500. This choice will give CAS Sdn
Bhd a higher amount of tax savings.
12| P a g e
5.0
There are a few procedures that CAS Sdn Bhd needs to follow when they want to apply for
Investment Tax Allowance (ITA) incentive. A company need to apply for Effective Date and
Verification of Compliance for Investment Tax Allowance (ITA) incentive. There are 2 stages
which company is required to submit the application which is ITA I Determination of Effective
Date (ITA I form) and ITA II Verifications of Compliance (ITA II form). Forms can be
retrieved from MIDA website at www.mida.gov.my.
A company is given 2 years from the date of approval letter to submit application for ITA
I that is the Determination of Effective Date by providing the first qualifying capital expenditure
invoice. A company also need to submit ITA II application for the Verification of Compliance
before they claim to IRB and definitely before the 5 year incentives period expires.
A company is required to provide the companys seal and verification as a tool to ensure
the application is genuine and to avoid any misused information. The process of ITA application
will take 14 working days starting from the date complete information received by MIDA.
5.1
Guidelines to Apply for the Determination on the Effective Date of the Investment
Tax Allowance Incentives (ITA I)
5.2
1.
The approval for the Investment Tax Allowance incentive is effective from the date of
companys first qualifying capital expenditure incurred. Companies which have been approved
with the Investment Tax Allowance under the Promotion of Investments Act, 1986 but the
15| P a g e
effective date of ITA have not been determined are required to apply for determination of the
effective date of its incentive.
2.
following documents:
a) Invoice of the first capital expenditure incurred and to be certified by the External
Auditor.
b) Manufacturing Licence under the Industrial Co-ordination Act, 1975 (ICA, 1975) for the
approval/approved activities with the Investment Tax Allowance incentive and the
conditions of the licence.
c) A copy of the Investment Tax Allowance approval from MIDA and its conditions.
For b) and c), the company need to attach a copy of the latest approvals of changes to the
conditions of the licence or incentive if applicable.
3.
16| P a g e
5.3
The Approval Letter for Compliance of Investment Tax Allowance Conditions must be submitted
to the Inland Revenue Board (IRB) in order to enjoy the tax exemption as stated in the
Promotion of Investments Act, 1986 and Income Tax Act, 1967.
Conditions and Procedures for Application
1. Eligible Company:
i.
A company that has been approved for Investment Tax Allowance (ITA) by the
ii.
17| P a g e
2. How to Apply:
i.
ii.
1.
18| P a g e
5.4
1.
Companies which have been granted the effective date of the Investment Tax Allowance
(ITA) are required to fill up Form II when companies are already in commercial production and
to claim its ITA.
2.
Each document submitted for the purpose of ITA claim should be certified by a qualified
External Auditor.
3.
Companies are required to submit and attach the latest information. Companies are also
required to notify MIDA on any changes to the Manufacturing Licence conditions and incentive
with relevant documents in this application.
4.
20| P a g e
PBL Discussion 1
06th April 2016
DATE
12.30 pm
TIME
VENUE
Type of meeting
Fatin Shahirah, Siti Najwa, Nur Hazwani, Laila Syakirah, Aqidah, Nur
Aifa
Attendees
Agenda topics
Discussion
We discussed about the task that we need to do in this PBL and assign the
task for everyone.
We had also discussed how to do it and when need to submit it since we need to finalize it
before we submit it on 24th April 2016.
Conclusions
We had get our own task and we can start prepare it before next meeting
Action items
- Understand this PBL.
Submission of first draft on 15th April 2016
Special notes
Prepared by;
----------------------------------------Siti Najwa Binti Mohd Abd Hadi
PBL Discussion 2
21| P a g e
DATE
12.30 pm
TIME
VENUE
Type of meeting
Fatin Shahirah, Siti Najwa, Nur Hazwani, Laila Syakirah, Aqidah, Nur
Aifa
Attendees
Agenda topics
Discussion
We discussed about the task that we had done and solve the problem that
arise when doing it.
Everyone give the opinion and try to solve it together since it is a teamwork task.
Conclusions
We had got the idea and information about the problem arise which is on the
calculation part especially about pioneer status.
Action items
- Solve the calculation part problem.
Submission of second draft on 19th April 2016
Special notes
Prepared by;
----------------------------------------Fatin Shahirah Binti Faridudin
PBL Discussion 3
22| P a g e
DATE
12.30 pm
TIME
VENUE
Type of meeting
Fatin Shahirah, Siti Najwa, Nur Hazwani, Laila Syakirah, Aqidah, Nur
Aifa
Attendees
Agenda topics
Discussion
We discussed overall part that we had done to make sure that everyone had
same understanding.
We also check again this assignment to make sure that there is no part that we missed and doing
preparation for the presentation.
Conclusions
Action items
- Prepare for the presentation.
Submission of first draft on 15th April 2016
Special notes
Prepared by;
----------------------------------------Nur Hazwani Binti Mohamad Zwawi
23| P a g e
STUDENT LEARNING
BKAT 3023 Group: A
G (Please circle)
What is investment ?
We learned:
1
24| P a g e
G (Please circle)
25| P a g e
(Please circle)
member need to know the role of each other to help other member.
Our plan to make a successful presentation
Our plan to make a successful presentation is all each member need to know what exactly
happened in this task like know how to calculate the ITA and PS. Besides we help each
other by asking member if we dont know about that.
We need to use the computer which has Microsoft Power Point to make it easy for the
audience to understand and a projector to display what we have prepared.
We need the following visual for our presentation:
We need to prepare a slide show for our presentation so that every member in class can
see what we want to present.
F G
(Please circle)
Siti Najwa
Aqidah
Laila Syakira
225311
225536
225658
Nur
Hazwani
Nur Aifaa
243249
227198
4. Listens respectfully to
group members
5. Punctuality/Attendance
6. Completes assigned
tasks on time
28| P a g e
Total score
45
45
45
45
45
Total Score x 2 =
90
90
90
90
90
(Please circle)
Date: 22/4/2016_____
29| P a g e
F G
(Please circle)
Fatin Shahirah
Aqidah
Laila Syakira
225277
225536
225658
Nur
Hazwani
Nur Aifaa
243249
227198
4. Listens respectfully to
group members
5. Punctuality/Attendance
6. Completes assigned
tasks on time
30| P a g e
Total score
44
44
44
44
44
Total Score x 2 =
88
88
88
88
88
(Please circle)
Date: 22/4/2016
I need to ask them to actively participate and gives their opinion about the problems that
arised.
(Please circle)
FATIN
SHAHIRAH
(225277)
SITI NAJWA
(225311)
LAILA
SYAKIRA
NUR
HAZWANI
(227198)
NUR AIFAA
(243249)
225658
Scale: 5=Almost always; 4=Usually; 3=Frequently; 2=Sometimes; 1=Never
1. Contributes to effective
group functioning
4. Listens respectfully to
group members
5. Punctuality/Attendance
32| P a g e
6. Completes assigned
tasks on time
Total score
45
45
45
45
45
Total Score x 2 =
90
90
90
90
90
33| P a g e
(Please circle)
Date: 22/4/2016
34| P a g e
(Please circle)
FATIN
SHAHIRAH
SITI NAJWA
AQIDAH
(225311)
(225536)
(225277)
NUR
HAZWANI
NUR AIFAA
(243249)
(227198)
4. Listens respectfully to
group members
5. Punctuality/Attendance
6. Completes assigned
tasks on time
35| P a g e
person
Total score
45
45
45
45
45
Total Score x 2 =
90
90
90
90
90
36| P a g e
(Please circle)
Date: 22/4/2016
37| P a g e
38| P a g e
(Please circle)
FATIN
SHAHIRAH
SITI NAJWA
AQIDAH
(225311)
(225536)
(225277)
NUR AIFAA
(243249)
225658
4. Listens respectfully to
group members
5. Punctuality/Attendance
6. Completes assigned
tasks on time
Total score
45
45
45
45
45
Total Score x 2 =
90
90
90
90
90
(Please circle)
41| P a g e
F G
(Please circle)
Fatin Shahirah
Siti Najwa
Aqidah
225277
225311
225536
Laila
Syakira
Nur Hazwani
227198
225658
Scale: 5=Almost always; 4=Usually; 3=Frequently; 2=Sometimes; 1=Never
1. Contributes to effective
group functioning
4. Listens respectfully to
group members
5. Punctuality/Attendance
6. Completes assigned
tasks on time
Total score
44
44
44
44
44
Total Score x 2 =
88
88
88
88
88
42| P a g e
(Please circle)
Date: 22/4/2016
43| P a g e
44| P a g e
45| P a g e
46| P a g e