New Publications - Resource Centre

The Institute is pleased to inform that the following publications are now available in the Resource Centre (for reference only). Members are encouraged to use the facilities available.

No.	Reference Books	Arthur / Editor		Publisher	Year
Handbook Series
1.	European Tax Handbook	Juhani Kesti, LL M Chief Editor Europe,		IBFD	2009
2.	Global Individual Tax Handbook	Nick Cowley, Carlos Guitierrez, Juhani Kesti, Mei-June Soo,		IBFD	2009
3.	Latin American Tax Handbook	Carlos Guitierrez		IBFD	2009
4.	North American Tax Handbook	J.G. Rienstra & K.R. Irby		IBFD & BNA	2009
5.	Global Individual Tax Handbook	Carlos Guitierrez P., Ridha Hamzaoui, Juhani Kesti, John G.Rienstra, Mei-June Soo, Ola van Boeijen - Ostaszewska		IBFD	2010
6.	Global Corporate Tax Handbook	Carlos Guitierrez P., Ridha Hamzaoui, Juhani Kesti, John G.Rienstra, Mei-June Soo, Ola van Boeijen - Ostaszewska		IBFD	2010
7.	Global Corporate Tax Handbook	Carlos Guitierrez P., Ridha Hamzaoui, John G.Rienstra, Mei-June Soo, Ola van Boeijen - Ostaszewska		IBFD	2011
8.	Global Individual Tax Handbook	Carlos Guitierrez P., Ridha Hamzaoui, John G.Rienstra, Mei-June Soo, Ola van Boeijen - Ostaszewska		IBFD	2011
9.	European Tax Handbook	Ola Van Boeijen - Ostaszewska		IBFD	2011
Books on Malaysian Taxation
10.	Malaysian Taxation Principles and Practice	Choong Kwai Fatt		InfoWorld Malaysia	2012
11.	Advanced Malaysian Taxation Principles and Practice	Choong Kwai Fatt		InfoWorld Malaysia	2012
12.	Islamic Finance Tax Considerations Around the World			PWC	2012
13.	Laws of Malaysia			MDC Publishers	2012
14.	Excise Act & Regulations			MDC Publishers	2008
15.	Tax Avoidance, Evasion and Planning in Malaysia	Dr Jeyapalan Kasipillai		CCH	2012
16.	Income Tax Deductions for Businesses Malaysia	Vincent Josef		CCH	2011
Doctorial Series
17.	Taxation of International Performing Artistes	Dick Molenaar		IBFD	2005
18.	Dispute Resolution under Tax Treaties	Zvi Daniel Altman		IBFD	2005
19.	Income from International Private Employment	Frank Potgens		IBFD	2006
International Tax Planning Series
20.	Luxembourg	Philip J.Warner		IBFD	2004
21.	Denmark	Nikolaj Bjornholm, Anders Oreby Hansen,		IBFD	2005
22.	Hungary	Daniel Deak		IBFD	2003
23.	Ireland	Charles Haccius, BL		IBFD	2004
24.	Belgium	Patrick A.A.Vanhaute		IBFD	2004
OECD Publications
25.	Transactional Profit Methods Discussion Draft for Public Comment				2008
26.	Revised Commentary on Article 7 of the OECD Model Tax Convention				2007
27.	Transfer Pricing Aspects of Business Restructurings: Discussion Draft for Public Comment				2008 - 2009
28.	Report on the Attribution of Profits to Permanent Establishments				2008
Others
29.	The New Netherlands Transfer Pricing Regime		Dr Rijkele Betten	IBFD	2002
30.	Taxation and the Financial Crisis		Julian S. Alworth, Giampaolo Arachi	Oxford University Press	2012
31.	Model Tax Convention on Income and on Capital			OECD	2010
32.	OECD Model Tax Convention on Income and on Capital (Condensed version–2005) AND Key Tax Features of Member Countries		Tiago Cassiano Neves	IBFD	2007
33.	OECD Model Tax Convention on Income and on Capital (Condensed version–2010) AND Key Tax Features of Member Countries		Luis Nouel	IBFD	2011
34.	OECD Transfer Pricing Guidelines for Multinational Enterprise and Tax Administrations (2010 Edition) AND Transfer Pricing Features of Selected Countries		Kamesh Susarla (IBFD), Antoine Glaze (Taxand)	IBFD	2011
35.	National Land Code (Act No.56 of 1965)		Lexis Nexis	MLJ Statute Series	2011
36.	Tax Agents Manual		John Gaal	CCH	2009

The following publications are also available in Compact Disc (CD) format:-

International Fiscal Association Congress Report
No.	Title	Place	Year
1.	i)    Taxation of income derived from electronic commerce (Vol. 86a) ii)   Limits on the use of low-tax regimes by multinational businesses: current / measures and emerging trends (Vol. 86b)	San Francisco	2001
2.	i)    Form and substance in tax law (Vol. 87a) ii)   The tax treatment of transfer of residence by individuals (Vol. 87b)	Oslo	2002
3.	i)    Trends in company / shareholder taxation : Single or double taxation? (Vol. 88a) ii)   Consumption taxation & financial services (Vol. 88b)	Sydney	2003
4.	i)    Double non-taxation (Vol. 89a) ii)   Group taxation (Vol. 89b)	Vienna	2004
5.	i)     Source and residence : new configuration of their principles (Vol. 90a) ii)    Tax treatment of international acquisitions of businesses (Vol. 90b)	Buenos Aires	2005
6.	i)     The tax consequences of restructuring of indebtedness (debt work-outs) (Vol. 91a) ii)    The attribution of profits to permanent establishments (Vol. 91b)	Amsterdam	2006
7.	i)     Transfer pricing and intangibles; (Vol. 92a) ii)    Conflicts in the attribution of income to a person (Vol. 92b)	Kyoto	2007
8.	i)    Non-discrimination at the crossroads of international taxation (Vol. 93a) ii)   New tendencies in tax treatment of cross-border interest of corporations (Vol. 93b)	Brussels	2008
9.	i)    Is there a permanent establishment? (Vol. 94a) ii)   Foreign exchange issues in international taxation (Vol.  94b)	Vancouver	2009
10.	i)     Tax treaties & tax avoidance: application of anti-avoidance provisions (Vol. 95a) ii)    Death as a taxable event and its international ramifications (Vol. 95b)	Rome	2010

Direct Tax

The following Orders are subsidiary tax legislation that has been gazetted recently. Members may view all the gazette Orders at the official website of the Attorney-General's Chambers (AGC).

1) Income Tax (Accelerated Capital Allowance) (Security Control Equipment and Monitoring Equipment) Rules 2013 [P.U. (A) 4/2013] (gazetted on 02/01/2013);

2) Income Tax (Exemption) Order 2013 [P.U.(A) 3/2013] (gazetted on 02/01/2013);

3) Income Tax (Industrial Building Allowance) (Child Care Centre) Rules 2013 [P.U.(A) 2/2013] (gazetted on 02/01/2013);

4) Income Tax (Industrial Building Allowance) (Kindergarten) Rules 2013 [P.U.(A) 1/2013] (gazetted on 02/01/2013);

5) Income Tax (Deduction From Remunerations) (Amendment) (No.2) Rules 2012 [P.U. (A) 469/2012] (gazetted on 27/12/2012);

6) Limited Liability Partnerships Regulations 2012 [P.U.(A) 462/2012] (gazetted on 24/12/2012);

Below are some of the Orders gazetted recently which may be of interest to members:

1) Employees Provident Fund (Addition And Modification To The Purposes For Withdrawal Under Subsection 54(6)) Order 2012 [P.U. (A) 498/2012] (gazetted On 31/12/2012)

2) Labuan Financial Services Authority (Processing And Approval Fees) (Labuan Financial Institutions) Order 2012 [P.U. (A) 495/2012] (gazetted On 31/12/2012)

3) Minimum Wages (Amendment) Order 2012 [P.U. (A) 470/2012] (gazetted on 28/12/2012);

4) Capital Markets and Services (Amendment to Schedule 8) Order 2012 [P.U.(A) 473/2012] (gazetted on 28/12/2012);

5) Capital Markets and Services Regulations 2012 [P.U.(A) 474/2012] (gazetted on 28/12/2012);

6) Capital Markets and Services (Amendment of Schedule 2) Order 2012 [P.U.(A) 475/2012] (gazetted on 28/12/2012);

7) Capital Markets and Services (Non-Application of Division 5 of Part VI) (Business Trust) Order 2012 [P.U.(A) 476/2012] (gazetted on 28/12/2012);

8) Capital Markets and Services (Non-Application of Division 5 of Part VI) (Wholesale Fund) Order 2012 [P.U.(A) 477/2012] (gazetted on 28/12/2012);

9) Capital Markets and Services (Prescription of Islamic Securities) Order 2012 [P.U.(A) 478/2012] (gazetted on 28/12/2012);

10) Capital Markets and Services (Prescription of Capital Market Product) (Islamic Capital Market Product) Order 2012 [P.U.(A) 479/2012 (gazetted on 28/12/2012);

11) Capital Markets and Services (Capital Market Compensation Fund) Regulations 2012 [P.U.(A) 480/2012 (gazetted on 28/12/2012);

12) Capital Markets and Services (Amendment of Schedule 5, 6 and 7) Order 2012 [P.U.(A) 481/2012] (gazetted on 28/12/2012);

13) Capital Markets and Services (Capital Market Compensation Fund) (Contribution) Regulations 2012 [P.U.(A) 482/2012] (gazetted on 28/12/2012);

14) Capital Markets and Services (Fees) Regulations 2012 [P.U.(A) 483/2012] (gazetted on 28/12/2012);and

15) Consumer Protection (Electronic Trade Transactions) Regulations 2012 [P.U. (A) 458/2012] (gazetted on 21/12/2012).

IRB Media Release - Decentralisation of Company (C) files and Real Property Gains Tax (RPGT) files to IRBM branches in the Klang Valley

The Inland Revenue Board Malaysia (IRBM) has notified that from 1 January 2013, the following arrangements are in place:

1) In respect of companies that had reported earnings not exceeding RM5 million in their Income Tax Return Forms for 2011 and prior years -

a) The assessment files for Company (C) category Income Tax and Real Property Gains Tax (RPGT) will now be handled by the various IRB branches in the Klang Valley (Shah Alam, Petaling Jaya, Klang, Jalan Duta, Kuala Lumpur Bandar, Cheras and Wangsa Maju).

b) The basis of allocation to the various branches is by reference to the post code of the company's business premises.

2) The Corporate Tax Department in Jalan Duta, Kuala Lumpur -

a) will handle Special Industry Companies files (Banking, Financial Institutions, Insurance, Housing Developers and Contractors), and

b) will handle employer files of companies under the Corporate Tax Department. (Such files were handled by IRBM branches in the Klang Valley, such as Shah Alam, Petaling Jaya, Klang, Jalan Duta, Kuala Lumpur Bandar, Cheras and Wangsa Maju, in the past.)

3) For business premises with addresses outside the Klang Valley, decentralisation is based on the latest correspondence address recorded with IRBM.

Telephone and fax numbers have been provided for making inquiries regarding the location of the files involved in the decentralisation exercise.

Members may view the IRB Media Release at IRB website.

PUBLIC RULING NO. 10/2012 - TAX TREATMENT OF A MALAYSIAN SHIP

TAX TREATMENT OF MALAYSIAN SHIP

TAX (EXEMPTION) (NO.11) ORDER 2012 [P.U.(A) 451/2012]

The Order, which has effect from the year of assessment 2013 until the year of assessment 2015, exempts a company resident in Malaysia which is licensed under the Tourism Industry Act 1992 to carry on a tour operating business, from the payment of income tax in respect of the statutory income derived from domestic tours.

The exemption shall only apply if the total number of local tourists on domestic tours relating to the company is not less than one thousand five hundred, certified by a letter from the Ministry of Tourism Malaysia, in the basis period for a year of assessment.

Definitions:

Domestic tour means a tour package for travel within Malaysia undertaken by local tourists inclusive of transportation by air, land, or sea and accommodation.

Local tourist means individuals who are Malaysian citizens or residing in Malaysia.

Tour operating business has the same meaning assigned to it under subsection 2(1) of the Tourism Industry Act 1992 [Act 4882].

Members may read the full text of the Order at the Official Portal of e-Federal Gazette.

IRB Media Release - Closure of e-Filing System for Year Assessment 2011

Please take note that the Inland Revenue Board (IRB) e-Filing system for e-BE, e-B, e-M, e-P, e-E, e-C and e-R for Year of Assessment 2011 will cease operations with effect from 1 January 2013.

In view of the above, taxpayers who have not furnished their returns by then will have to do so manually. Taxpayers may obtain the relevant forms from any IRB branch.

For further inquiries and assistance, members may email the IRB at e_filing@hasil.gov.my or call 1-800-88-LHDN (5436).

The IRB Media Release may be viewed at the CTIM website or the IRB website.