INCOME TAX OF UNIT TRUST / PROPERTY TRUST · 2017-02-24 · A3 Type of Trust Enter ‘1’ if the trust is a unit trust, ’2’ for property trust or ‘3’ - - for trust other

GUIDEBOOK

INCOME TAX OF UNIT TRUST / PROPERTY TRUST

2010

Form TC 2010 Guidebook Self Assessment System

i

CONTENTS OF GUIDEBOOKITEM Page

Foreword 1

What is Form TC Guidebook? 1

Reminder Before Filling Out The Form 2

Part 1 — Form TC

Basic Particulars 3

Part A: Particulars of Unit / Property Trust 3

Part B: Statutory Income and Total Income (if unit / property trust is Resident) 4

Part C: Tax Payable / Repayable (if unit / property trust is Resident) 7

Part BA: Statutory Income and Total Income (if unit / property trust is Not Resident) 8

Part CA: Tax Payable / Repayable (if unit / property trust is Not Resident) 9

Part D: Status of Tax for Year of Assessment 2010 10

Part E: Income of Preceding Years Not Declared 11

Part F: Disposal of Assets under The Real Property Gains Tax Act 1976 11

Part G: Particulars of Income of Unit / Property Trust 12

Part H: Financial Particulars of Unit / Property Trust 13

Part J: Particulars of Exempt Income 15

Declaration 15

Particulars of the Firm and Signature of the Person who Completes this Return Form 16

Reminder 16

Part 2 — Working Sheets

HK-1 – Not Applicable to Form TC (not enclosed) -


HK-3 – Tax deduction under Section 51 of Finance Act 2007 (Dividends) 17


HK-4A – Particulars of Properties / Assets and Total Rental 17

HK-5 – Computation of Statutory Income from Interest / Royalties 17

HK-6 – Tax Deduction under Section 110 (Others) 17


HK-8 – Claim for Section 132 Tax Relief 18- Income from Countries With Double Taxation Agreement

HK-9 – Claim for Section 133 Tax Relief 18- Income from Countries Without Double Taxation Agreement



ii

HK-11 – Basis Year Payment to Non-Residents (Withholding Tax) 18


HK-13 – Special Deduction for Qualifying Capital Expenditure under Section 63B 18

CONTENTS OF WORKING SHEETS(Paper Marked Blue)

Series Working SheetPage



HK-3 – Tax deduction under Section 51 of Finance Act 2007 (Dividends) 1


HK-4A – Particulars of Properties / Assets and Total Rental 3

HK-5 – Computation of Statutory Income from Interest / Royalties 6

HK-6 – Tax Deduction under Section 110 (Others) 7


HK-8 – Claim for Section 132 Tax Relief 8- Income from Countries With Double Taxation Agreement

HK-9 – Claim for Section 133 Tax Relief 9- Income from Countries Without Double Taxation Agreement


HK-11 – Basis Year Payment to Non-Residents (Withholding Tax) 10


HK-13 – Special Deduction for Qualifying Capital Expenditure under Section 63B 11

CONTENTS OF APPENDICES(Paper Marked Brown)

Series AppendixPage

Appendix A1 – Not Applicable to Form TC (not enclosed) -

Appendix A1.1 – Reminder on the need to Keep Records of Adjustments / Tax Computation for 1the Business

Appendix B1 - B5 – Not Applicable to Form TC (not enclosed) -

Appendix C – Foreign Currency Exchange Rates (Yearly Average) 3

Appendix D – Not Applicable to Form TC (not enclosed) -

Appendix E – Country Codes 4

Appendix F – Double Taxation Agreements (DTA) 9

Appendix G – Not Applicable to Form TC (not enclosed) -

Appendix H – Director General’s Public Rulings 11

1


Foreword

Lembaga Hasil Dalam Negeri Malaysia (LHDNM) expresses its appreciation towards taxpayers who have consistently performedtheir duty as responsible taxpayers in the settlement of their annual income tax. Their tax contributions have assisted in thedevelopment and improvement of the national socio-economic status.

To expedite and facilitate the performance by taxpayers of their respective tax responsibility, the government has entrustedits faith in them to assess and settle their income tax with the introduction of the Self Assessment System commencing fromthe year of assessment 2004 for individuals and non-corporate taxpayers.

Simplified forms with explanations and guides on how to fill out those forms and compute the chargeable income and incometax have been prepared to assist taxpayers.

What is Form TC Guidebook?

The following are contents of the Form TC Guidebook:

1. A complete guide on how to fill out Form TC.

2. Eight (8) Working Sheets are as follows:

HK-3 – Tax Deduction under Section 51 of Finance Act 2007 (Dividends)

HK-4A – Particulars of Properties / Assets and Total Rental

HK-5 – Computation of Statutory Income from Interest / Royalties

HK-6 – Tax Deduction under Section 110 (Others)

HK-8 – Claim for Section 132 Tax Relief- Income from Countries With Double Taxation Agreement

HK-9 – Claim for Section 133 Tax Relief- Income from Countries Without Double Taxation Agreement

HK-11 – Basis Year Payment to Non-residents (Withholding Tax)

HK-13 – Special Deduction for Qualifying Capital Expenditure under Section 63B

3. Appendix A1.1 as a reminder on the need to keep record of adjustments / tax computation for the business.

4. Four (4) other Appendices to enable the entry of required information in Form TC:

Appendix C – Foreign Currency Exchange Rates (Yearly Average)

Appendix E – Code for the country where unit / property trust is resident

Appendix F – List of countries with which Double Taxation Agreements have been signed

Appendix H – List of Director General’s Public Rulings as Guidelines for the computation of income accordingto provisions under the Income Tax Act 1967


2

Reminder Before Filling Out The FormPlease take note of the following:

(1) A trust registered or which carries on investment activities as a unit trust or property trust is required to fill out FormTC.

(2) General rules for filling out Form TC

i. Basic ParticularsFill in relevant information as registered.

ii. Part A: Particulars of Unit / Property TrustFill in relevant information as registered.

iii. Part B: Statutory Income and Total income (if unit / property trust is Resident)Fill in relevant information only in the spaces provided.

iv. Part C: Tax Repayable / Repayable (if unit / property trust is Resident)This part has to be completed.

v. Part BA: Statutory Income and Total income (if unit / property trust is Not Resident)Fill in relevant information only in the spaces provided.

vi. Part CA: Tax Repayable / Repayable (if unit / property trust is Not Resident)This part has to be completed.

vii. Part D: Status of Tax for Year of Assessment 2010This part has to be completed.

viii. Part E: Income of Preceding Years Not DeclaredFill in relevant information only.

ix. Part F: Disposal of Assets under The Real Property Gains Tax Act 1976Fill in relevant information only.

x. Part G: Particulars of Income of Unit / Property TrustFill in relevant information only in the spaces provided.

xi. Part H: Financial Particulars of Unit / Property TrustFill in relevant information only in the spaces provided. Spaces not filled are deemed not relevant to the trust.

xii. Part J: Particulars of Exempt IncomeFill in relevant information only.

xiii. DeclarationThis part has to be completed, affirmed and signed by the trustee. Otherwise, the Form TA shall be returnedand deemed as not received by LHDNM.

xiv. Particulars of the Firm and Signature of the Person who Completes this Return FormFill in relevant information only.

3


A1 Resident Refer to the provision of section 8 of ITA 1967 to determine the - -in Malaysia resident status in Malaysia.

Enter ‘1’ in the space provided if the unit / property trust isresident in Malaysia or ‘2’ if not.

A2 Country of Refer to Appendix E for the relevant country code. - Appendix EResidence

A3 Type of Trust Enter ‘1’ if the trust is a unit trust, ’2’ for property trust or ‘3’ - -for trust other than unit / property trust.

A4 Registration Date Date of registration as per trust deed. - -

A5 Employer’s No. Enter the employer’s E file reference number, if relevant. - -

A6 Opening Date of Commencement date of the unit / property trust’s financial - -Accounts year.

A7 Closing Date of Closing date of the unit / property trust’s financial year . - -Accounts

A8 Compliance with Public Ruling is a guide for the public which sets out the - Appendix HPublic Rulings interpretation of the Director General of Inland Revenue in

respect of a particular tax law, policy and procedure that are tobe applied.Refer to the list of Public Rulings in Appendix H.Further details can be obtained from the LHDNM website:

http://www.hasil.gov.myFor full compliance with Public Rulings, enter ‘1’ in the boxfor ‘Yes’. Enter ‘2’ if there is non-compliance with one PublicRuling or more.

A9 Record-keeping This refers to the keeping of sufficient records as required - -under the provisions of ITA 1967.Enter ‘1’ for compliance or ‘2’ if not.

PART A: PARTICULARS OF UNIT / PROPERTY TRUST

Item Subject Explanation Working AppendixSheet

1 Name of Unit / Name of the unit / property trust as registered. - -Property Trust

2 Reference No. Registration number of the unit / property trust as registered(Registration No.) with the Securities Commission.[if any]

3 Income Tax No. Income tax file reference number of the unit / property trust. - -

BASIC PARTICULARS

Part 1 - Form TC


Status of TaxTo facilitate the processing of return forms, unit / property trusts are advised to complete this Sectioncorrectly based on the tax computed until Part D on page 8 of Form TC 2010. Enter ‘X’ in one relevant box only.


4

A10 Tax Exemption Enter ‘1’ if the unit / property trust has obtained the tax - -Approval exemption approval. Enter ‘2’ if the unit / property trust did not

obtain the tax exemption approval or the application for taxexemption has not been approved yet.

A11 Tax Exemption Tax exemption approval number, if any. - -Approval No.(if any)

A12 Registered Registered address as per trust deed. - -Address of Unit /Property Trust

A13 Correspondence Address used for correspondence with LHDNM. - -Address of Unit /Property Trust

A14 Address Where Enter ‘1’ in the box provided if the records of the unit / property - -Records of Unit / trust are kept at the registered address as per item A12; or ‘2’Property Trust if kept at the correspondence address as per item A13.are Maintained Enter ‘3’ if not kept at either address.

A15 Other Address State the address where records of the unit / property trust are - -kept if item A14 is ‘3’.

A16 Particulars Fill in the particulars of the trustee / fund manager from item - -of Trustee / A16a to item 16d . If the unit / property trust has more than oneFund Manager (1) trustee / fund manager, list out according to the format as

per items A16a to A16d and furnish together with the Form TC.

A17 Name of Bank If the unit / property trust is entitled to a tax refund from LHDNM, - -state the name of the bank through which payment can be madeto the account of the unit / property trust.

A18 Bank Bank account number in relation to item A17. - -Account No.


PART B: STATUTORY INCOME AND TOTAL INCOME

B1 Dividends Amount C(iii) from Working Sheet HK-3 HK-3 -

B2 Interest and Interest and discounts are taxable except interest and discountsdiscounts paid or credited to any unit trust in respect of:

(a) securities or bonds issued or guaranteed by the Government;


A Unit / Property Trust RESIDENT in Malaysia is required to complete Parts B and C of Form TC.Parts BA and CA need not be filled.

5


(b) debentures or Islamic Securities, other than convertibleloan stock, approved by the Securities Commission; or

(c) Bon Simpanan Malaysia issued by the Central Bank ofMalaysia.

Interest HK-5 -

Interest income derived from Malaysia and paid / credited byany bank or financial institution licensed under the Bankingand Financial Institutions Act 1989 or the Islamic BankingAct 1983 is tax exempt.

Amount E from Working Sheet HK-5.

Discounts - -

These are earnings from discounting transactions such asdealings in treasury bills, bills of exchange and promissorynotes.

B3 Rents, royalties Rents HK-4A -and premiums

Rental received in respect of houses, shophouses, land,plant, machines, furniture and other similar assets.

Amount F from Working Sheet HK-4A.

Royalties HK-5 -

(a) Any sum paid as consideration for the use of or right touse:

(i) copyright, artistic or scientific works, patents, designsor models, plans, secret processes or formulae,trademarks or tapes for radio or television broadcasting,motion picture films, films or video tapes or othermeans of reproduction where such films or tapeshave been or are to be used or reproduced in Malaysiaor other like property or rights;

(ii) know-how or information concerning technical,industrial, commercial or scientific knowledge,experience or skill;

(b) income derived from the alienation of any property, know-how or information mentioned in paragraph (a) of theabove definition.

Amount H from Working Sheet HK-5

B4 Annuities and Annuities - -other periodicalpayments Amount received in accordance with the terms of an investment

investment of money or contract entitling the annuitant to aseries of payments, whether or not received regularly or fora limited period only.

Other Periodical Payments - -

Recurring payments received at fixed times.



6


B5 Other gains Other income not included in the above category. - -or profits

B6 Aggregate Sum of amounts from item B1 to item B5 - -Income

B7 Special Manager’s remuneration, maintenance of register of unitholders, - -deduction for share registration expenses, secretarial, audit and accountingexpenses of fees, telephone charges, printing and stationery costs andunit trust under postage which are not deductible under subsection 33(1), maysection 63B be claimed under section 63B.

B8 Total B6 minus B7 - -

B9 Gift of money to Gift of money to the Government, State Government or local - -the Government / authority.local authority

Subsection 44(6)

B10A Gift of money to Gift of money to institutions / organisations approved by the - -approved Director General of Inland Revenue is restricted to the differenceinstitutions and between 7% of the aggregate income in B6 and the total amountorganizations deducted under subsection 44(11B) and subsection 44(11C).

Proviso to subsection 44(6)

B10B Gift of money or Gift of money or cost of contribution in kind for any sports activity - -cost of contribution approved by the Minister or any sports body approved by thein kind for any Commissioner of Sports appointed under the Sports Developmentapproved sports Act 1997.activity or sportsbody Amount to be deducted shall not exceed the difference between

7% of the aggregate income in B6 and the total amount deductedpursuant to the proviso to subsection 44(6) and subsection 44(11C).Subsection 44(11B)

B10C Gift of money or Gift of money or cost of contribution in kind for any project of - -cost of contribution national interest approved by the Minister of Finance. Amountin kind for any to be deducted shall not exceed the difference between 7% of theproject of aggregate income in B6 and the total amount deducted pursuantnational interest to the proviso to subsection 44(6) and subsection 44(11B).approved by theMinister of Subsection 44(11C)Finance

B11 Gift of artefacts, The value of the gift is determined by the Department of Museums - -manuscripts Malaysia or the National Archives.or paintings

Subsection 44(6A)

B12 Gift of money for Gift of money not exceeding RM20,000 for the provision of - -the provision of library facilities accessible to the public and contributions tolibrary facilities public libraries, libraries of schools and institutions of higheror to libraries education.

Subsection 44(8)

7



B13 Gift of paintings The value of any gift of painting is determined by the National - -to the National Art Art Gallery or any state art gallery.Gallery or anystate art gallery Subsection 44(11)

B14 Zakat perniagaan Amount claimed is restricted to 2.5% of the aggregate income - -in B6.

B15 Chargeable B8 minus ( B9 hingga B14 ) - -Income

C1 Tax at Tax rate for unit / property trust is 25%. - -Rate of 25%

Example:

Chargeable income from item B15: RM2,180,246Tax at rate of 25% (RM2,180,246 x 25%) RM 545,061.50

Enter the amount computed (Example: RM545,061.50) in itemC1.

C2 Tax deduction Use Working Sheet HK-3 to compute. HK-3 -under section 51 Amount D from Working Sheet HK-3.of Finance Act2007 (dividends) If the unit / property trust is entitled to claim refund in respect

of the tax deduction, furnish HK-3 together with Form TC.

C3 Section 110 Working Sheet HK-6 may be used to compute. HK-6 -tax deduction Amount B from Working Sheet HK-6.(others)

Furnish HK-6 together with Form TC if the unit / property trustis entitled to claim refund in respect of section 110 tax deductionon other income such as interest, royalties, section 4A incomeand so forth.

C4 Section 132 Tax relief in respect of income derived from Malaysia which HK-8 Appendix Ftax relief has been subjected to tax in Malaysia as well as countries

outside Malaysia. Refer to Appendix F for the list of countrieswhich have Double Taxation Agreement with Malaysia.

Refer to Schedule 7 of ITA 1967 and Working Sheet HK-8 forcomputation of the tax relief.

If the unit / property trust is entitled to claim refund in respectof the tax relief, furnish HK-8 pertaining to the tax deducted inthe foreign country together with Form TC.

PART C: TAX PAYABLE / REPAYABLE



8

PART BA: STATUTORY INCOME AND TOTAL INCOME

A Unit / Property Trust NOT RESIDENT in Malaysia is required to complete Parts BA and CA inForm TC. Parts B and C need not be filled.


BA1 Similar to explanation for B1 to B5. - -toBA5

BA6 Aggregate Sum of amounts from item BA1 to item BA5 - -Income

BA7 Special Similar to explanation for B7. - -deduction forexpenses ofunit trust undersection 63B

BA8 Total BA6 minus BA7 - -

BA9 Similar to explanation for B9 to B14. - -toBA14

BA15 Total BA8 minus ( BA9 hingga BA14 ) - -


C5 Section 133 Tax relief in respect of income derived from Malaysia which HK-9 -tax relief has been subjected to tax in Malaysia as well as countries

outside Malaysia. These countries do not have Double TaxationAgreement with Malaysia.

Refer to Schedule 7 of ITA 1967 and Working Sheet HK-9 forcomputation of the tax relief.If the unit / property trust is entitled to claim refund in respectof the tax relief, furnish HK-9 pertaining to the tax deducted inthe foreign country together with Form TC.

C6 Total deduction Sum of amounts from item C2 to item C5. - -and relief

C7 Tax Payable C1 minus C6 - -

C8 Tax Repayable C6 minus C1 (if amount C6 exceeds amount C1) HK-3, -HK-6,

Furnish Working Sheets HK-3 / HK-6 / Hk-8 / HK-9 (if applicable) HK-8 andtogether with Form TC. HK-9

9


BA16 Gross income For a unit / property trust not resident in Malaysia, income such - -subject to tax as interest, royalties, special classes of income under sectionat other rates 4A and other relevant income are subject to tax on gross at rates

other than 25% ie. according to rates fixed by:the Double Taxation Agreement (DTA) [refer to Appendix F];or

ITA 1967, where there is no DTA.

BA16a Interest Total gross of taxable interest income. - -

BA16b Royalties Total gross of taxable royalty income. - -

BA16c Special classes This special class of income consists of amounts received by - -of income under a non-resident person in consideration of:section 4A

services rendered by the person or his employee in connectionwith the use of property or rights belonging to, or theinstallation or operation of any plant, machinery or otherapparatus purchased from, such person;

technical advice, assistance or services rendered inconnection with the technical management or administrationof any scientific, industrial or commercial undertaking,venture, project or scheme; or

rent or other payments made under any agreement orarrangement for the use of any movable property.

BA16d Other income Total gross of other income not stated above. - -

BA17 Total Income / Sum of amounts from item BA15 to item BA16d. - -ChargeableIncome


PART CA: TAX PAYABLE / REPAYABLE


CA1 Computation of Chargeable income (from item BA17) is divided according to - -Tax Chargeable the tax rate from item CA1a to item CA1g, whichever applies.

CA1a Tax at Portion of chargeable income taxed at the rate of 25%. - -Rate of 25%

Example:Total from item BA16: RM105,500Tax at rate of 25% (RM105,500 x 25%) RM 26,375.00Enter the amount computed (Example: RM26,375.00) in itemCA1a.


10

CA1b Gross income Example: - -to subject to tax A trust body resident in Australia received the following income

CA1g at other rates from Malaysia:Gross interest income (from item BA17a) : RM68,425 (Tax rate : 15%)Gross royalty income (from item BA17b) : RM84,250 (Tax rate : 10%)

Rate (%)

CA1d 10%

CA1f 15%

CA2 Total Tax Sum of amounts from item CA1a to item CA1g. - -Chargeable

CA3 Similar to explanation for C2 and C3. - -andCA4

CA5 Tax Payable CA2 minus (CA3 plus CA4) - -

CA6 Tax Repayable (CA3 plus CA4) minus CA2 HK-3, HK-6, -[if the total amount of CA3 and CA4 exceeds amount CA2) HK-8 and

HK-9Furnish Working Sheet HK-3 / HK-6 / Hk-8 / HK-9 (if applicable)together with Form TC.

, ,, 8 4 2 5 0 , ,, . 8 4 2 5 0 0


, ,, 6 8 4 2 5 , ,, . 0 2 6 3 7 5 1

PART D: STATUS OF TAX FOR YEAR OF ASSESSMENT 2010

The tax payable and tax paid (through instalment scheme) are adjusted in this section.


D1 Tax Amount from C7 or CA5 - -payble If entitled to a refund as per item C8 or CA6, enter ‘0’ in this

item.

D2 Instalments Enter the amount of instalment payments made for current year - -paid of assessment.

D3 Balance of D1 minus D2 - -tax payable If amount D2 exceeds amount D1, enter ‘0’ in this item.

This balance has to be paid within the stipulated period.Payment can be made via the following:-

counters of CIMB Bank Berhad (CIMB), Public Bank Berhad(PBB), Malayan Banking Berhad (Maybank) and EON Bankby using the bank payment slipCIMB, PBB, Maybank, EON Bank, Citibank internet bankingand Maybank phone bankingAuto Teller Machine (ATM) of PBB and Maybanke-Payment through FPX (Financial Process Exchange) atthe LHDNM website, http://www.hasil.gov.my

11


PART E: INCOME OF PRECEDING YEARS NOT DECLARED

E1-E3 Enter the type of income and gross amount received in respect - -of any earlier year not declared. In case of insufficient writingspace, list down on attachment as per format E1 to E3 andfurnish together with Form TC.

payment counters of LHDNM by using the remittance slip(CP207) enclosed together with this return formsend by post to LHDNM at the address stated on the reverseside of CP207; orPos Malaysia Berhad (counter and Pos Online)

D4 Tax paid D2 minus D1 - -in excess



REMINDERAfter computing the tax from Part B or BA to Part D, the unit / property trust is reminded to complete the‘Status of Tax’ section on page 1 of Form TC 2010 by entering ‘X’ in one relevant box only.

PART F: DISPOSAL OF ASSETS UNDER THE REAL PROPERTY GAINS TAX ACT 1976

F1 Any disposal of Enter ‘X’ in the box for ‘Yes’ if there is disposal of asset in - -asset in the year the year 2010 or ‘No’ if not applicable.2010?

F2 Has the disposal Complete this item if F1 = ‘Yes’. - -been declared toLHDNM? Enter ‘X’ in the box for ‘Yes’ if the disposal has been declared

to LHDNM.

If the disposal has not yet been declared, contact the LHDNMbranch which handles the income tax file of the unit / propertytrust (disposer).

Further details are available from the LHDNM website, http://www.hasil.gov.my



12

G1a Seksyen 107A Section 107A withholding tax HK-11 -Payment to a non-resident contractor during the basis period.Working Sheet HK-11 may be used to compute.

Total gross amount paidGross amount of service portion of contract paid to a non-residentcontractor in accordance with the provision of section 107A.

Total tax withheld and remitted to LHDNM10% on gross on account of tax which is or may be payable bythat non-resident contractor [paragraph 107A(1)(a)].Plus3% on gross on account of tax which is or may be payable bythe employees of that non-resident contractor [paragraph107A(1)(b)].(Regulations and procedures regarding payment to Unit /Cawangan Pungutan LHDNM have to be complied with).

G1b Seksyen 109 Section 109 withholding tax HK-11 Appendix FPayment of interest / royalties to a non-resident person duringthe basis period.

Total gross amount paidTotal gross amount paid before any deduction.

Total tax withheld and remitted to LHDNMWithholding tax rates according to Part II Schedule 1 of ITA1967 are:Interest - 15% on grossRoyalties - 10% on gross

Refer to Appendix F for the relevant tax rate in accordance withthe Double Taxation Agreement.

G1c Section 109A Section 109A withholding tax HK-11 -Payment in respect of services performed / rendered inMalaysia by a public entertainer during the basis period.


Total tax withheld and remitted to LHDNMWithholding tax rate according to Part II Schedule 1 of ITA1967 is 15% on gross.

G1d Section 109B Section 109B withholding tax HK-11 Appendix FPayment of the kind classified under section 4A of ITA 1967to a non-resident during the basis period.Total gross amount paidTotal gross amount paid before any deduction.

Total tax withheld and remitted to LHDNMWithholding tax rate according to Part V Schedule 1 of ITA1967 is 10% on gross unless a different rate has been fixedunder the Double Taxation Agreement (refer to Appendix F).

PART G: PARTICULARS OF INCOME OF UNIT / PROPERTY TRUST


13


PART H: FINANCIAL PARTICULARS OF UNIT / PROPERTY TRUST



G1e Section 109F Section 109F withholding tax HK-11 -Payment in relation to gains or profits under paragraph 4(f) ofITA 1967 to a non-resident during the basis period.


Total tax withheld and remitted to LHDNMWithholding tax rate according to Part XIII Schedule 1 of ITA1967 is 10% on gross.

G2a Section 63A A unit / property trust is entitled to claim special deduction if HK-4A -the asset in relation to the qualifying capital expenditure, isowned and in use by the trust at the end of the basis period.

G2b Section 63B A unit / property trust is entitled to claim special deduction for HK-13 -permitted expenses based on a specified formula. Refer toWorking Sheet HK-13 regarding computation.

Amount from item 4 of Working Sheet HK-13.

H1 Profit/Loss on Gross amount of profit or loss on disposal of investments. - -disposal ofinvestments

H2 Trustees’ fee - -

H3 Management fee - -

H4 Audit fee - -

H5 Maintenance - -of register ofunitholders

H6 Share registration - -

H7 Accounting - -

H8 Telephone, printing - -stationery andpostage

H9 Other expenses Total of all expenses not included in items from H2 to H8. - -

H10 Total Sum of amounts from item H2 to item H9. - -Expediture

H11 Net Profit / Amount as per Statement of Income and Expenditure. - -Loss Indicate ‘X’ if value is negative.

Amount as per Statement of Income and Expenditure


14

H12 Non-allowable Expenses not wholly and exclusively incurred in the production - -expenses of gross income from the relevant source.

H13 Land and - -buildings

H14 Plant and - -machinery

H15 Other - -fixed assets

H16 Total Sum of amounts from item H13 to item H15. - -Fixed Assets

H17 Quoted equity - -securities

H18 Quoted foreign - -equity securities

H19 Quoted derivatives - -

H20 Quoted fixed - -income securities

H21 Unquoted fixed - -income securities

H22 Deposits with - -financialinstitutions

H23 Total Sum of amounts from item H17 to item H22. - -Investment

H24 Trade debtors Amount as per Balance Sheet. - -

H25 Sundry debtors Other debtors as per Balance Sheet. - -

H26 Cash in hand Amount as per Balance Sheet. - -and at bank Indicate ‘X’ if value is negative.

H27 Other Sum of current assets other than H24 to H26. - -current assets

H28 Total Sum of amounts from H24 to H27. - -Current Assets

H29 Trade creditors - -

H30 Sundry creditors - -

H31 Other current - -liabilities

Net book value as per Balance Sheet

Amount as per Balance Sheet



15


H32 Long term Amount as per Balance Sheet. - -liabilities

H33 Total Liabilities Sum of amounts from item H29 to item H32. - -

H34 Unitholders’ - -capital

H35 Balance - -brought forward

H36 Current year’s - -net income

H37 Distributed - -income

H38 Balance ( H35 plus H36 ) minus H37. - -carried forward

H39 Reserve account - -

H40 Total Unitholders’ - -Funds

Net book value as per Balance Sheet.


PART J: PARTICULARS OF EXEMPT INCOME

J1 Dividends - -

J2 Interest - -

J3 Rents - -

J4 Other Income - -(including gainsfrom realizationof investments)

Enter the amount exempted for the current year.


DECLARATION

Name - -

Identity Card No. / - -Passport No. / Police No. /Army No.

Designation - -

Enter the particulars of the trustee who signs this return form.


If the return form is not affirmed and duly signed, it shall be deemed incomplete and returned to the unit / property trust. Penalty shallbe imposed in case of late resubmission of the return form to LHDNM.



16

a Name of Firm Name of the tax consultancy firm responsible for filling out - -this Form TC.

b Address of Firm Correspondence address of the tax consultancy firm. - -

c Telephone No. Telephone number of the tax consultancy firm. - -

d Handphone No. Handphone number of the tax agent. - -

e e-mail E-mail address of tax agent. - -

f Tax Agent’s To be completed by a tax agent approved under subseksyen - -Approval No. 153(3) of ITA 1967.

PARTICULARS OF THE FIRM AND SIGNATURE OF THE PERSON WHO COMPLETES THIS RETURN FORM


Please take note of the reminder on page 12 of Form TC before signing it.


17

A-D Tax deduction This working sheet is provided for the computation of gross - -under section 51 dividend income and tax deduction under section 51 of Financeof Finance Act Act 2007.2007 (dividends)

Transfer amount D from Working Sheet HK-3 to item C2 / CA3of Form TC.

If a unit / property trust is entitled to claim tax refund as peritem C8 / CA6 of Form TC in relation to this tax deduction,furnish Working Sheet HK-3 together with Form TC.

HK-3: TAX DEDUCTION UNDER SECTION 51 OF FINANCE ACT 2007 (DIVIDENDS)

HK-4A: PARTICULARS OF PROPERTIES / ASSETS AND TOTAL RENTAL

A-H Interest / Royalties This working sheet is provided for the computation of statutory - -income from interest / royalties.

A-F Particulars of This working sheet is provided for the computation of rental - -properties / assets income.and total rental

HK-5: COMPUTATION OF STATUTORY INCOME FROM INTEREST / ROYALTIES

A-G Tax deduction This working sheet is provided for the computation of gross - -under section income from interest, royalties, special classes of income110 (others) under section 4A and other relevant income with tax deduction

under section 110.

If a unit / property trust is entitled to claim tax refund as peritem C8 / CA6 of Form TC in relation to this tax deduction,furnish Working Sheet HK-6 together with Form TC.

HK-6: TAX DEDUCTION UNDER SECTION 110 (OTHERS)





Part 2 - Working Sheet

This working sheet is provided to assist a trust body in the computation of statutory income from business.


18

HK-11: BASIS YEAR PAYMENT TO NON-RESIDENTS (WITHHOLDING TAX)

This working sheet is prepared for reporting the details of payments made during the basis year to non-residents which requirewithholding tax.

A-H Tax relief This working sheet is provided for the calculation of income - -under from countries without any Double Taxation Agreement andsection 133 claim for tax relief under section 132.

Working Sheet HK-9 pertaining to the tax deducted in the foreigncountry, have to be furnished together with Form TC if a unit /property trust is entitled to claim tax refund as per item C8 ofForm TC.

HK-9: CLAIM FOR SECTION 133 TAX RELIEF - INCOME FROM COUNTRIESWITHOUT DOUBLE TAXATION AGREEMENT

HK-13: COMPUTATION OF SPECIAL DEDUCTION FORPERMITTED EXPENSES UNDER SECTION 63B

This working sheet is provided for the purpose of computing permitted expenses on which special deduction is given to the unit /property trust.

A-H Tax relief This working sheet is provided for the calculation of income - -under from countries with Double Taxation Agreement and claim forsection 132 tax relief under section 132.

If a unit / property trust is entitled to claim tax refund as peritem C8 of Form TC in relation to this tax relief, Working SheetHK-8 pertaining to the tax deducted in the foreign country, haveto be furnished together with Form TC.

HK-8: CLAIM FOR SECTION 132 TAX RELIEF - INCOME FROM COUNTRIESWITH DOUBLE TAXATION AGREEMENT





Buku Panduan Borang B Sistem Taksir Sendiri

Working Sheet page - 1

HK-3

Note

:Pr

ocee

d wi

th th

e co

mpu

tatio

n ov

erle

af if

the

rate

of t

ax d

educ

ted

on d

ivide

nd re

ceive

d as

per

vouc

her/c

ertif

icat

e di

ffers

from

the

tax r

ate

for c

urre

nt ye

ar o

f ass

essm

ent

Tax

Rat

eW

arra

nt N

o. /

Ser

ial N

o.Fo

r Yea

rE

nded

Nam

e of

Com

pany

Gro

ss D

ivid

end

Tax

Ded

ucte

dD

ate

ofP

aym

ent

No. 3 4 5 6 7 8 9 10 11

TOTA

L N

ET D

IVID

END

HK

-3:

TAX

DE

DU

CTI

ON

UN

DE

R S

EC

TIO

N 5

1 O

F FI

NA

NC

E A

CT

2007

(D

IVID

EN

DS

)

21

RMse

nRM

sen

Net

Div

iden

d

RMse

n

12 13 14 15

Tota

l Reg

ross

ed

Sub

mit

this

Wor

king

She

et if

ent

itled

to a

tax

refu

nd (U

se s

epar

ate

HK

-3 fo

r div

iden

ds re

gros

sed)

Nam

e

Inco

me

Tax

No.

Year

of A

sses

smen

t

I/C N

o.

Busi

ness

Reg

istra

tion

No.

A.

List

of d

ivid

end

inco

me:

X [

amou

nt fr

om B

(i) ]

Y [

amou

nt fr

om B

(ii) ]



C. Computation of statutory income from dividends

(i) Gross dividend (X)

Less:

(ii) Interest on loan employed in theproduction of gross dividend income

(iii) Statutory Income

D. Tax deduction under section 51 of Finance Act 2007 (dividends)(as per amount Y above)

B. Computation of regrossed dividend and tax deemed deducted

If the rate of tax deducted as per dividend voucher/certificate differs from the current year’s tax rate forcorporations, please use the following formula to regross the net dividend received and compute the taxdeemed deducted:-

(i) Dividend regrossed (X)

= Net dividend

= (X)

Enter the amount of regrossed dividend in column ‘X’ under ‘Gross Dividend’.

(ii) Tax deemed deducted (Y)

= X

= (Y)

* Where Z is the current year’s tax rate for corporations.

1 ( 1 - Z * )

Z *x

x



HK-4A: PARTICULARS OF PROPERTIES / ASSETS AND TOTAL RENTAL

A. LIST OF PROPERTIES RENTED OUT / ASSETS LEASED OUT

1

2

3

4

5

6

7

8

9

10

Note: 1. Properties refer to houses, factories, land and other immovable properties.

2. Assets refer to plant, machineries, furniture and other movable properties.

No. Type of Property / Asset Address of the Property /Lessor of the Asset

Date ofCommencement ofthe Rental / Lease

Year of Assessment

Total Gross Rental / LeasePayments received in theYear of Assessment (RM)

Name

Income Tax No. I/C No.


B. COMPUTATION OF ADJUSTED RENTAL INCOME(Compute separately for each rental source)

1. GROSS RENTAL INCOME (From Item A1 or A2 or A3 .... A10)

LESS: Allowable expenditure:

(i) Interest expended on loanemployed exclusively inthe production of that rentalincome

(ii) Assessment

(iii) Quit rent

(iv) Insurance

Other revenue expenditure:

(v) Repairs and maintenance

(vi) Renewal of tenancy agreement

(vii) ...........................................

(viii) ...........................................

(ix) ...........................................

(x) ...........................................

(xi) ...........................................

(xii) ...........................................

(xiii) ...........................................

(xiv) ...........................................

(xv) ...........................................

2. Total Expenditure ( i to xv )

3. ADJUSTED RENTAL INCOME ( B1 - B2 )



LESS:

C. Qualifying capital expenditure incurred in the basis period:

(i) Escalator

(ii) Air conditioners

(iii) Other plant and machinery

(iv) Special plant

(v) Expenditure (including incidentalexpenses) incurred on thealteration of existing buildingsfor the installation of that plantor machinery

(vi) ............................................................

(vii) Total qualifying capital expenditure[ C(i) to C(vi) ]

D. Special Deduction allowed [ 10% x C(vii) ]

E. STATUTORY INCOME FROM RENTS ( B3 - D )(Enter ‘0’ if value is negative)

F. SUMMARY OF STATUTORY INCOME FROM RENTS

Source A1 (amount from E)




...................................

Total statutory income from rentsincluding rental received from partnership(s)




HK-5: COMPUTATION OF STATUTORY INCOME FROM INTEREST / ROYALTIES

INTEREST

A. Gross Interest

LESS:

B. Interest on loan employed in theproduction of gross income from interest

C. Statutory Income ( A - B )

D. Total Gross Income from Interest(amount from item C of HK-6 / D of HK-8 / D of HK-9)

E. TOTAL STATUTORY INCOME FROM INTEREST ( C + D )

ROYALTIES

F. Gross Royalty

G. Total Gross Income from Royalties(amount from item D of HK-6 / E of HK-8 / E of HK-9)

H. TOTAL STATUTORY INCOME FROM ROYALTIES ( F + G )

RM

Year of Assessment

Name


Business Registration No.



HK-6: TAX DEDUCTION UNDER SECTION 110 (OTHERS)

A. List out: interest/royalty income pursuant to the provision under section 109 ITA 1967;section 4A income subject to the provision under section 109B ITA 1967;income from trust as per CP30A and other relevant income.

Note:- * Income Code: 3 = interest, 5 = royalties, 6 = section 4A income,7 = income from trust (excluding real estate investment trust / property

trust fund)8 = other relevant income

B. Total tax deducted under section 110 (others) ( Z )

C. Total gross interest income (income code = 3)

D. Total gross royalty income (income code = 5)

E. Total gross section 4A income (income code = 6)

F. Total gross income from trust (income code = 7)

G. Total gross of other income (income code = 8)

Name of Payer / TrustGross Income Date of

PaymentRM RMsen senNo. Code *

Tax DeductedReceipt No.

1

2

3

4

5

6

7

8

9

10

TOTAL

( Z )

Year of Assessment

Name





A. List of incomeNote - * Income Code: 1 = business, 2 = dividends, 3 = interest, 5 = royalties, 6 = section 4A income,

7 = income from trust, 8 = other relevant income

1

2

34

5

6

78

9

10

(X) (Y)

Relief due is either amount Y or amount U, where amount U is computed using the following formula:

B. Relief claimed (U or Y, whichever is lower)

C. Total gross dividend income (income code = 2)

D. Total gross interest income (income code = 3)

E. Total gross royalty income (income code = 5)

F. Total gross section 4A income (income code = 6)

G. Total gross income from trust (income code = 7)

H. Total gross of other income (income code = 8)

Note: 1. Use the foreign currency exchange rate provided in Appendix C if the rate as at the time the income is paidor credited is not available.

2. If entitled to a refund, submit this Appendix together with relevant documents pertaining to the tax deductedin the foreign country.

No. Code * Gross Income Tax Deducted in the Foreign Country

TOTAL

HK-8: CLAIM FOR SECTION 132 TAX RELIEF - INCOME FROM COUNTRIES WITH DOUBLE TAXATION AGREEMENT

Statutory Income

Year of Assessment

Name



Total Income from all sourcesTax chargeable

before reliefx

Total X= U



HK-9: CLAIM FOR SECTION 133 TAX RELIEF - INCOME FROM COUNTRIES WITHOUT DOUBLE TAXATION AGREEMENT

Y/2=(Z)

A. List of incomeNote - * Income Code: 1 = business, 2 = dividends, 3 = interest, 5 = royalties, 6 = section 4A income,

7 = income from trust, 8 = other relevant income

1

2

3 4

5

6

7 8

9

10

(X) (Y)

Relief due is either amount Z or amount U, where amount U is computed using the following formula:

B. Pelepasan yang dituntut (U atau Z yang mana lebih rendah)

C. Total gross income from dividends (income code = 2)

D. Total gross interest income (income code = 3)

E. Total gross royalty income (income code = 5)

F. Total gross section 4A income (income code = 6)

G. Total gross income from trust (income code = 7)

H. Total gross of other income (income code = 8)

Note: 1. Use the foreign currency exchange rate provided in Appendix C if the rate as at the time the income is paidor credited is not available.

2. If entitled to a refund, submit this Appendix together with relevant documents pertaining to the tax deductedin the foreign country.

No. Code * Gross Amount Tax Deducted in the Foreign Country

TOTAL

Total Income from all sourcesTax chargeable

before reliefx

Total X= U

Year of Assessment

Name





HK-11: BASIS YEAR PAYMENT TO NON-RESIDENTS (WITHHOLDING TAX)

No. Receipt Date of Gross Withholding Tax Withholding Tax NetNo. Payment Amount Remitted to Remitted to Amount

Paid LHDNM LHDNM Paid(RM) (RM) [for paragraph (RM)

107A(1)(b) only (3%)] (RM)

1

2

3

4

5

6

7

8

9

10

11

12

TOTAL

Enter ‘X’ in the relevant box. Select one only. Use separate working sheet for each type of withholding tax.

PAYMENTS MADE IN THE BASIS YEAR TO NON-RESIDENTS UNDER THE WITHHOLDING TAX PROVISIONOF SECTION :

107A ITA 1967 (NON-RESIDENT CONTRACTORS)

109 ITA 1967 (INTEREST AND ROYALTIES)

109A ITA 1967 (PUBLIC ENTERTAINERS)

109B ITA 1967 (SECTION 4A INCOME)

109F ITA 1967 (PARAGRAPH 4(f) INCOME)

Year of Assessment

Name





HK-13: COMPUTATION OF SPECIAL DEDUCTION FORPERMITTED EXPENSES UNDER SECTION 63B

1. Refer to sectio 63B of ITA 1967 before computing.

2. Deduction based on formula:

where: A = Total of the permitted expenses incurred for that basis period;B = Gross income consisting of dividend, interest and rent chargeable to tax for that basis period;

andC = Aggregate of the gross income consisting of dividend (whether exempt or not), interest and

rent, and gains made from the realisation of investments (whether chargeable to tax or not)for that basis period

3. The amount of deduction to be made shall not be less than 10% of the total permitted expenses incurred for that basis period.

a. Expenses incurred for that basis period:

(i) Manager’s remuneration(ii) Maintenance of register of unitholders(iii) Share registration expenses(iv) Secretarial, audit and accounting fees, telephone

charges, printing and stationery costs and postage(v) Total Expenses [ a(i) to a(iv) ](vi) 10% x a(v)

b. Gross Income:(i) Dividends (chargeable to tax)(ii) Interest(iii) Rents(iv) Total Gross Income [ b(i) to b(iii) ]

c. Aggregate of Gross Income:(i) Dividends (chargeable to tax)(ii) Dividends (tax exempt)(iii) Interest(iv) Rents(v) Profit on disposal of investments (chargeable to tax)(vi) Profit on disposal of investments (tax exempt)(vii) Total Aggregate of Gross Income [ c(i) to c(vi) ]

d. Computation according to formula =

4. TOTAL SPECIAL DEDUCTION ALLOWED [ 3d or 3a(vi), whichever is higher ]

Amount (RM)

A x B4C

3a(v) x 3b(iv)4 x 3c(vii)

Year of Assessment

Name



Appendix page - 1


APPENDIX A1.1: REMINDER

Please take note of the following requirements when computing any adjustment. Documents, records and other writtenevidence must be properly kept as the onus-of-proof is on the individual who makes the claim/adjustment. Any claim/adjustment not supported by sufficient documentation shall be disallowed in the event of a tax audit and penalty may beimposed.

The following are the required information and documents which must be made available and retained with any adjustmentand tax computation.

1. Adjustment of income and expenses

Adjustments must be supported by:

An analysis of income and expenditure

Subsidiary accounts

Receipts/Invoices

2. Contract/Subcontract payments, commission, rents and other contract payments for services to residents:Name, address, identity card number and amount paid in respect of each recipient

Type of contract / commission / service

Type of asset leased

Copy of relevant agreement / documents

3. Contract payments to non-residents (receipts by non-resident contractors - section 107A applies):

Name, type, location and duration of project

Value of the whole contract and value of the service portion of the contract carried out in Malaysia

Contract payments and payments for the service portion of the contract in the current year of assessment

Name, address,income tax number and passport number of the foreign contractor

Copy of relevant agreement / documents

4. Payment of management fees to residents:

Name, address, identity card number and amount paid

Relationship between the unit / property trust and the receipient, if any

Basis of payment

Service agreement or other relevant documents

5. Payment of professional, technical or management fees and rents to non-residents (section 4A income):

a) Payment of professional, technical or management feesType of services rendered

Name, address, income tax number and passport number of the foreign contractor; and total amount paid

Furnish reasons if the whole or part of the payment is not considered as a section 4A income and keep a copyof the agreement

Proof of withholding tax paid

Appendix page - 2


b) Payments for rental of movable properties

Type of movable property

Name, address, income tax number and passport number of the foreign contractor; and total amount paid

If the payment is not subject to withholding tax, retain the relevant supporting documents

Copy of rental agreement / other relevant documents

6. Overseas trips:

Name and designation and scope of duty of the employee concerned

Dates, destinations and purpose of trips

Analysis of expenditure indicating the portion of private expenses

7. Public Rulings, Government Gazettes, guidelines and application forms for incentive claims:

Director General’s Public Rulings (refer to Appendix H)

Application for an approved research project and claim for double deduction on research expenditure undersection 34A ITA 1967

Director General’s Public Ruling : Public Ruling No. 5/2004 (issued on 31/12/2004)

Reference no. of application form : Borang 2 (Sek 34A ACP 1967)

Guideline on application under subsection 44(6) ITA 1967 for deduction of any gift of money to an approvedorganisation in aid of individuals suffering from chronic/serious diseases. Refer to LAMPIRAN A on thetypes of chronic/serious diseases.

Reference no. of the LHDNM guideline : -

Reference no. of application form : Lampiran B

8. Housing Developers:

Name, address and location of project

Approved layout plan

Date of commencement and completion for each phase of the project

Cost of land and value of each phase of the project

Development cost analysis for each phase on cumulative basis for each year of assessment

Computation of profit or loss based on the method as prescribed in Public Ruling No. 1/2009 (Property Development)and Public Ruling 2/2009 (Construction Contracts).

*( Downloadable from the LHDNM website)

*

*

Appendix page - 3


APPENDIX C A

PPEN

DIX

C:

FOR

EIG

N C

UR

RE

NC

Y E

XC

HA

NG

E R

ATE

S (

YE

AR

LY A

VE

RA

GE

)

YEA

R OF

1 W

ON

$1 N

EW1

RUPE

E1

PESO

$11

RUPE

E1

FRAN

C$1

BAHT

£1$1

1 A

SSES

SMEN

TSO

UTH

KORE

AZE

ALAN

DPA

KIST

ANPH

IL.

S’PO

RESR

I LAN

KASW

ITZE

RLAN

DTA

IWAN

THAI

UKU

SAEU

RO20

00 (T

BTS)

0.003

22.0

310

0.074

60.0

982

2.262

60.0

542

2.557

90.1

188

0.101

46.2

044

3.800

0-

2000

(STT

S)0.0

034

1.755

70.0

714

0.087

42.2

270

0.050

02.2

753

0.123

00.0

959

5.821

13.8

000

-

2001

0.003

01.6

148

0.062

30.0

753

2.143

60.0

430

2.277

60.1

137

0.086

35.5

292

3.800

0-

2002

0.003

11.7

790

0.064

30.0

745

2.143

40.0

402

2.471

80.1

113

0.089

35.7

623

3.800

03.6

254

2003

0.003

22.2

299

0.066

50.0

709

2.203

80.0

398

2.851

20.1

117

0.092

56.2

699

3.800

04.3

339

2004

0.003

32.5

495

0.065

80.0

685

2.270

80.0

379

3.092

50.1

150

0.095

37.0

348

3.800

04.7

725

2005

0.003

72.6

947

0.064

20.0

694

2.296

90.0

381

3.079

60.1

191

0.095

16.9

664

3.803

44.7

666

2006

0.003

82.4

063

0.061

40.0

722

2.330

60.0

356

2.955

30.1

139

0.097

66.8

176

3.704

34.6

479

2007

0.003

72.5

534

0.057

10.0

754

2.304

00.0

314

2.893

70.1

057

0.100

76.9

464

3.472

14.7

529

2008

0.003

12.3

904

0.048

00.0

758

2.377

30.0

310

3.107

70.1

067

0.100

96.2

176

3.365

74.9

339

2009

0.002

82.2

521

0.043

70.0

748

2.447

10.0

310

3.281

30.1

077

0.103

65.5

655

3.559

04.9

538

2010

0.002

82.3

449

0.038

20.0

721

2.386

30.0

288

3.123

20.1

032

0.102

65.0

305

3.254

64.3

224

YEAR

OF

$11

DINA

R$1

$11

RENM

INBI

1 RI

YAL

1 RA

ND1

KRO

NE$1

1 RU

PEE

1 RU

PIAH

1 YE

NAS

SESS

MEN

TAU

ST.

BA

HR

AIN

BR

UN

EIC

AN

AD

ACH

INA

ARAB

SAU

DIS.

AFRI

CANO

RWAY

HKIN

DIA

INDO

NESI

AJA

PAN

2000

(TBT

S)2.4

748

10.08

002.2

626

2.581

00.4

633

--

-0.4

942

0.089

10.0

005

0.033

8

2000

(STT

S)2.2

350

10.08

392.2

270

2.584

90.4

636

--

0.437

10.4

925

0.085

50.0

005

0.035

6

2001

1.987

412

.5202

2.143

62.4

793

0.463

7-

-0.4

274

0.492

10.0

814

0.000

40.0

316

2002

2.085

110

.0815

2.143

42.4

444

0.463

71.0

234

0.366

50.4

831

0.492

10.0

790

0.000

40.0

307

2003

2.496

710

.0812

2.203

82.7

407

0.463

71.0

234

0.509

20.5

433

0.492

80.0

824

0.000

40.0

331

2004

2.827

710

.0822

2.270

82.9

533

0.463

71.0

234

0.597

80.5

701

0.492

70.0

847

0.000

40.0

354

2005

2.916

110

.0891

2.296

73.1

529

0.466

91.0

199

0.601

30.5

955

0.491

80.0

869

0.000

40.0

348

2006

2.788

59.8

261

2.330

53.2

648

0.464

60.9

877

0.552

20.5

777

0.477

20.0

820

0.000

40.0

318

2007

2.908

49.1

412

2.303

83.2

396

0.456

30.9

265

0.492

60.5

932

0.445

00.0

844

0.000

40.0

295

2008

2.852

68.8

466

2.376

83.1

665

0.484

60.8

972

0.411

60.6

025

0.432

20.0

781

0.000

30.0

326

2009

2.808

59.3

478

2.447

03.1

239

0.521

00.9

490

0.425

90.5

672

0.459

10.0

739

0.000

30.0

381

2010

2.989

08.5

417

2.385

93.1

585

0.480

70.8

678

0.444

40.5

394

0.418

90.0

716

0.000

40.0

371

Appendix page - 4


FOR

EIG

N C

UR

RE

NC

Y E

XC

HA

NG

E R

ATE

S (

YE

AR

LY A

VE

RA

GE

)

YEAR

OF

1 DI

NAR

1 PE

SO1

PESO

1 RE

AL1

KYAT

1 KR

ONE

1 RI

AL1

PAUN

1 TA

KA1

KRO

NE1

DONG

1 NE

W L

IRA

ASSE

SSM

ENT

KUW

AIT

ARG

ENTI

NAM

EXIC

OBR

AZIL

MYA

NMAR

DENM

ARK

IRAN

LEBA

NON

BANG

LADE

SHSW

EDEN

VIET

NAM

TURK

EY20

0812

.5130

1.055

20.3

011

1.843

90.5

225

0.659

20.0

003

0.002

20.0

491

0.514

50.0

002

2.579

2

2009

12.34

690.9

479

0.261

41.7

795

0.553

10.6

653

0.000

40.0

024

0.051

80.4

668

0.000

22.2

737

2010

11.35

060.8

245

0.254

91.8

319

0.505

70.5

804

0.000

30.0

022

0.046

80.4

523

0.000

22.1

436

YEAR

OF

1 DI

RHAM

1 PE

SO1

RIYA

L1

SHEK

EL1

NAIR

A1

RUBL

EAS

SESS

MEN

TU.

A.E.

CHIL

EQ

ATAR

ISRA

ELNI

GER

IA R

USSI

A20

080.9

074

0.006

40.9

157

0.987

5

2009

0.959

50.0

063

0.968

00.8

979

0.02

380.1

114

2010

0.876

80.0

063

0.885

00.8

538

0.021

60.1

062

Appendix page - 5


APPENDIX E: COUNTRY CODES

Afghanistan AF

Aland Islands AX

Albania AL

Algeria DZ

American Samoa AS

Andorra AD

Angola AO

Anguilla AI

Antarctica AQ

Antigua and Barbuda AG

Argentina AR

Armenia AM

Aruba AW

Australia AU

Austria AT

Azerbaijan AZ

Bahamas BS

Bahrain BH

Bangladesh BD

Barbados BB

Belarus BY

Belgium BE

Belize BZ

Benin BJ

Bermuda BM

Bhutan BT

Bolivia BO

Bosnia and Herzegovina BA

Botswana BW

Bouvet Island BV

Brazil BR

British Indian Ocean Territory IO

Brunei Darussalam BN

Bulgaria BG

Burkina Faso BF

Burundi BI

Cambodia KH

Cameroon CM

Canada CA

Cape Verde CV

Cayman Islands KY

Central African Republic CF

Chad TD

Chile CL

China CN

Christmas Island CX

Cocos (Keeling) Islands CC

Colombia CO

Comoros KM

Congo CG

Congo, The Democratic Republic of the CD

Cook Islands CK

Costa Rica CR

Cote D’ivoire CI

Croatia (local name: Hrvatska) HR

Cuba CU

Name of Country Name of CountryCountry Code Country Code

Appendix page - 6


Cyprus CY

Czech Republic CZ

Denmark DK

Djibouti DJ

Dominica DM

Dominican Republic DO

East Timor TP

Ecuador EC

Egypt EG

El Salvador SV

Equatorial Guinea GQ

Eritrea ER

Estonia EE

Ethiopia ET

Falkland Islands (Malvinas) FK

Faroe Islands FO

Fiji FJ

Finland FI

France FR

France, Metropolitan FX

French Guiana GF

French Polynesia PF

French Southern Territories TF

Gabon GA

Gambia GM

Georgia GE

Germany DE

Ghana GH

Gibraltar GI

Greece GR

Greenland GL

Grenada GD

Guadeloupe GP

Guam GU

Guatemala GT

Guernsey GG

Guinea GN

Guinea-Bissau GW

Guyana GY

Haiti HT

Heard and McDonald Islands HM

Honduras HN

Hong Kong HK

Hungary HU

Iceland IS

India IN

Indonesia ID

Iran Islamic Republic of IR

Iraq IQ

Ireland IE

Israel IL

Italy IT

Jamaica JM

Japan JP

Jordan JO

Kazakhstan KZ

Kenya KE

Kiribati KI


Appendix page - 7


Korea, Democratic People’s Republic of KP

Korea, Republic of KR

Kuwait KW

Kyrgyzstan KG

Laos People’s Democratic Republic LA

Latvia LV

Lebanon LB

Lesotho LS

Liberia LR

Libyan Arab Jamahiriya LY

Liechtenstein LI

Lithuania LT

Luxembourg LU

Macao MO

Macedonia, The Former Yugoslav Republic of MK

Madagascar MG

Malawi MW

Malaysia MY

Maldives MV

Mali ML

Malta MT

Marshall Islands MH

Martinique MQ

Mauritania MR

Mauritius MU

Mayotte YT

Mexico MX

Micronesia, Federated States of FM

Moldova, Republic of MD

Monaco MC

Mongolia MN

Montserrat MS

Morocco MA

Mozambique MZ

Myanmar MM

Namibia NA

Nauru NR

Nepal NP

Netherlands NL

Netherlands Antilles AN

New Caledonia NC

New Zealand NZ

Nicaragua NI

Niger NE

Nigeria NG

Niue NU

Norfolk Island NF

Northern Mariana Islands MP

Norway NO

Oman OM

Pakistan PK

Palau PW

Palestinian Territory, Occupied PS

Panama PA

Papua New Guinea PG

Paraguay PY

Peru PE

Philippines PH


Appendix page - 8


Pitcairn PN

Poland PL

Portugal PT

Puerto Rico PR

Qatar QA

Reunion RE

Romania RO

Russian Federation RU

Rwanda RW

Saint Kitts and Nevis KN

Saint Lucia LC

Saint Vincent and the Grenadines VC

Samoa WS

San Marino SM

Sao Tome and Principe ST

Saudi Arabia SA

Senegal SN

Serbia and Montenegro CS

Seychelles SC

Sierra Leone SL

Singapore SG

Slovakia (Slovak Republic) SK

Slovenia SI

Solomon Islands SB

Somalia SO

South Africa ZA

South Georgia and the South Sandwich Islands GS

Spain ES

Sri Lanka LK

St. Helena SH

St. Pierre and Miquelon PM

Sudan SD

Suriname SR

Svalbard and Jan Mayen Islands SJ

Swaziland SZ

Sweden SE

Switzerland CH

Syrian Arab Republic SY

Taiwan, Province of China TW

Tajikistan TJ

Tanzania, United Republic of TZ

Thailand TH

Timor - Leste TL

Togo TG

Tokelau TK

Tonga TO

Trinidad and Tobago TT

Tunisia TN

Turkey TR

Turkmenistan TM

Turks and Caicos Islands TC

Tuvalu TV

Uganda UG

Ukraine UA

United Arab Emirates AE

United Kingdom GB

United States US

United States Minor Outlying Islands UM


Appendix page - 9


Uruguay UY

Uzbekistan UZ

Vanuatu VU

Vatican City State (Holy See) VA

Venezuela VE

Vietnam VN

Virgin Islands (British) VG

Virgin Islands (U.S.) VI

Wallis And Futuna Islands WF

Western Sahara EH

Yemen YE

Yugoslavia YU

Zambia ZM

Zimbabwe ZW


Appendix page - 10


APPENDIX F: DOUBLE TAXATION AGREEMENTS (DTA) -WITHHOLDING TAX RATES ON PAYMENTS

TO NON-RESIDENTS AS AT 11 NOVEMBER 2010

1 Albania 10 10 10 2 Australia 15 10 NIL 3 Austria 15 10 10 4 Bahrain 5 8 10 5 Bangladesh 15 10 10 6 Belgium 10 10 10 7 Brunei 10 10 10 8 Canada 15 10 10 9 Chile 15 10 510 China 10 10 1011 Croatia 10 10 1012 Czech Republic 12 10 1013 Denmark 15 10 1014 Egypt 15 10 1015 Fiji 15 10 1016 Finland 15 10 1017 France 15 10 1018 Germany 15 10 NIL19 Hungary 15 10 1020 India 10 10 1021 Indonesia 10 10 1022 Iran 15 10 1023 Ireland 10 8 1024 Italy 15 10 1025 Japan 10 10 1026 Jordan 15 10 1027 Kazakhstan 10 10 1028 Krygyz 10 10 1029 Kuwait 10 10 1030 Lebanon 10 8 1031 Luxembourg 10 8 832 Malta 15 10 1033 Mauritius 15 10 1034 Mongolia 10 10 1035 Morocco 10 10 10

Fees forTechnical Services

%Country Interest

%No. Royalties

%

EFFECTIVE DOUBLE TAXATION AGREEMENTS

Appendix page - 11


Note:(i) There is no withholding tax on dividends paid by Malaysian companies.(ii) To claim the DTA rate, please attach the Certificate of Tax Residence from the country of residence.(iii) Where the rate provided in the ITA 1967 is lower than the DTA rate, the lower rate shall apply.

36 Myanmar 10 10 1037 Namibia 10 5 538 Netherlands 10 8 839 New Zealand 15 10 1040 Norway 15 10 1041 Pakistan 15 10 1042 Papua New Guinea 15 10 1043 Philippines 15 10 1044 Poland 15 10 1045 Qatar 5 8 846 Romania 15 10 1047 Russia 15 10 1048 Saudi Arabia 5 8 849 Seychelles 10 10 1050 Singapore 10 8 551 South Africa 10 5 552 South Korea 15 10 1053 Spain 10 7 554 Sri Lanka 10 10 1055 Sudan 10 10 1056 Sweden 10 8 857 Switzerland 10 10 1058 Syria 10 10 1059 Thailand 15 10 1060 Turkey 15 10 1061 Turkmenisten 10 10 1062 United Arab Emirates 5 10 1063 United Kingdom 10 8 864 Uzbekistan 10 10 1065 Venezuela 15 10 1066 Vietnam 10 10 10


%Country Interest

%No. Royalties

%

Appendix page - 12


1 Bosnia and Herzegovina 10 8 102 Senegal 10 10 103 Zimbabwe 10 10 10


%Country Interest

%No. Royalties

%

GAZETTED DOUBLE TAXATION AGREEMENTS

1 Argentina 15 * 10 * 10 *2 United States of America 15 * 10 * 10 *


%Country Interest

%No. Royalties

%

LIMITED AGREEMENTS

* The withholding tax rate on interest, royalties and fees for technical services is as provided in the ITA 1967.

1 Taiwan 10 10 7.5


%Country Interest

%No. Royalties

%

INCOME TAX EXEMPTION ORDER **

** (i) P.U. (A) 201 (1998)(ii) P.U. (A) 202 (1998)

Appendix page - 13


APPENDIX H: DIRECTOR GENERAL’S PUBLIC RULINGS

2/2010 Allowable Pre-operational and Pre-commencement of Business 03/06/2010Expenses (with effect from Year of Assessment 2010)

1/2010 Withholding Tax on Income under Paragraph 4(f) 19/04/2010

3/2009 Professional Indemnity Insurance 30/07/2009

2/2009 Construction Contracts 22/05/20091/2009 Property Development 22/05/2009

3/2008 Entertainment Expense 22/10/2008

2/2008 Reinvestment Allowance 03/04/2008

1/2008 Special Allowances for Small Value Assets 27/03/20086/2006 Tax Treatment of Legal and Professional Expenses 06/07/2006

5/2006 Professional Indemnity Insurance 31/05/2006

4/2006 Valuation of Stock In Trade and Work In Progress 31/05/2006Part I

3/2006 Property Development & Construction Contracts 13/03/2006

2/2006 Tax Borne by Employers 17/01/2006

1/2006, Perquisites from Employment 17/01/2006,Addendum, 30/08/2007,

Second Addendum & 25/02/2009 &Third Addendum 30/07/2009

6/2005 & Trade Association 08/12/2005 &Addendum 01/07/2009

5/2005 Deduction for Loss of Cash and Treatment of Recoveries 14/11/2005

4/2005, Withholding Tax on Special Classes of Income 12/09/2005,Addendum & 30/11/2007 &

Second Addendum 04/01/2010

3/2005 & Living Accommodation Benefit Provided for the Employee 11/08/2005 &Addendum by the Employer 05/02/2009

2/2005, Computation of Income Tax Payable by a Resident Individual 06/06/2005,Addendum & 06/07/2006 &

Second Addendum 03/01/2008

1/2005 Computation of Total Income for Individual 05/02/2005

5/2004 & Double Deduction Incentive on Research Expenditure 30/12/2004 &Addendum 03/04/2008

4/2004 Employee Share Option Scheme Benefit 09/12/2004

3/2004 & Entertainment Expense 08/11/2004 &Addendum 23/08/2007

2/2004, Benefits-In-Kind 08/11/2004,Addendum, 20/05/2005,

Second Addendum, 17/01/2006,Third Addendum & 17/04/2009 &Fourth Addendum 19/04/2010

1/2004 Income from Letting of Real Property 30/06/2004

Issued/Updated

ComplianceNo

Subject of Public Ruling YesNo.

Appendix page - 14


Issued/Updated

ComplianceNo

Subject of Public RulingYes

No.

2/2003 “Key-Man” Insurance 30/12/2003

1/2003 & Tax Treatment relating to Leave Passage 05/08/2003 &Addendum 23/08/2007

2/2002 Allowable Pre-operational And Pre-commencement of Business 08/07/2002Expenses For Companies (refer to Public Ruling No. 2/2010 witheffect from Year of Assessment 2010)

1/2002 Deduction for Bad & Doubtful Debts and Treatment 02/04/2002of Recoveries

7/2001 Basis Period for Business & Non-Business Source 30/04/2001(Companies)

6/2001 Basis Period for a Business Source (Individuals & 30/04/2001Persons other than Companies/Co-operatives)

5/2001 Basis Period for a Business Source (Co-operatives) 30/04/2001

4/2001 Basis Period for a Non-Business Source 30/04/2001(Individuals & Persons other than Companies)

3/2001 & Appeal against an Assessment 18/01/2001 &Addendum 18/05/2009

2/2001 Computation of Initial & Annual Allowances in 18/01/2001respect of Plant & Machinery

1/2001 Ownership of Plant and Machinery for the Purpose 18/01/2001of Claiming Capital Allowances

8/2000 Wilful Evasion of Tax and Related Offences 30/12/20007/2000 Providing Reasonable Facilities and Assistance 16/06/2000

6/2000 Keeping Sufficient Records 30/06/2001(Revised) (Persons other than Companies or Individuals)

6/2000 Keeping Sufficient Records 01/03/2000(Persons other than Companies or Individuals)

5/2000 Keeping Sufficient Records 30/06/2001(Revised) (Individuals & Partnerships)

5/2000 Keeping Sufficient Records 01/03/2000(Individuals & Partnerships)

4/2000 Keeping Sufficient Records 30/06/2001(Revised) (Companies and Co-operatives)

4/2000 Keeping Sufficient Records 01/03/2000(Companies and Co-operatives)

3/2000 Basis Period for a Business Source (Individuals & 01/03/2000Persons other than Companies/Co-operatives)

2/2000 Basis Period for a Business Source 01/03/2000(Companies & Co-operatives)

1/2000 Basis Period for a Non-Business Source 01/03/2000