…this book will be a most welcome addition to our legal literature on an important aspect of tax law, especially to its practitioners and to the members of the general public … [It] shows great learning and scholarship…”

From the Foreword by
Dato’ Abang Iskandar bin Abang Hashim
Chief Judge of Sabah and Sarawak

Key Features:

Clear and comprehensive discussion of the law
Reference to extensive range of cases, statutes and other written sources to support and clarify discussion
Practical insights and pointers on actual issues encountered in tax appeals
Coverage of appeals to the Special Commissioners and the courts as well as judicial review applications
Carefully structured contents to aid easy use of the book
Instructive appeal checklists
Forms and precedents
Taxation affects everyone in one way or another. Since the advent of income tax, everyone has been aiming to pay as little tax as possible. All kinds of schemes are thought of. No commercial person in his right sense transacts except on the basis of paying the least amount of tax possible. It is undoubtedly legal for a company to organise its affairs in such a way as to minimise tax. Nevertheless, tax settlement is contentious and many have been brought to the courts by way of appeal for final determination.

This book covers topics relevant to any contemporary discussion on tax appeals. The law and practice on this subject have been expertly treated. The law has been considered and analysed in depth, while the treatment of the practical aspects has benefitted from the wide experience of the author in conducting tax appeals. Copious endnotes provide an invaluable source of references for detailed study and further research on the intricacies of handling appeals against tax assessments raised by the tax authorities.

Cases and other sources from Malaysia and other jurisdictions have been analysed and discussed to build an enviable resource from which tax practitioners can draw much valued knowledge to mount cogent arguments in conducting their appeals before the Special Commissioners of Income Tax as well as the courts.

Relevant forms and precedents and helpful checklists presented in the appendices complement the excellent text to provide a complete and comprehensive textbook on the current practice of tax appeals in Malaysia.

Tax Appeals in Malaysia: Law and Procedure is a book which should not be missed by lawyers, judicial officers, tax authorities, revenue counsel, tax advisers, accountants and business owners.
Table of Contents

*Tax Appeals
The Special Commissioners of Income Tax
Assessments
Appeals to the Special Commissioners of Income Tax
Appeals to the High Court
Judicial Review
Appeals to the Court of Appeal
Recovery or Collection Appendices

100 Ways to Save Tax in Malaysia for Individuals has been crafted to help ordinary Malaysians who want to understand more about income tax and the tax-saving ideas that they can use to reduce their tax burden, whilst keeping within the law. The book will show you how to plan your tax affairs and to strategise to make the most of the deductions, reliefs, rebates and tax exemptions that are available to you as an individual. Husbands and wives will receive guidance on how to plan their financial affairs in tax-efficient ways so as to build adequate savings to provide for their children’s education and their own retirement. Learn also about the workings of the self-assessment system including monthly tax deductions and how the well-informed can use their knowledge to optimise their financial resources.

Individuals who want to stay in control of their tax affairs will appreciate the fact that tax planning is not just a once-a-year chore. This book should prove helpful not only for tax filing but for forward tax planning. Whether you are a Malaysian citizen or resident, a permanent resident, a returning expert or a person enjoying MM2H status, there is something of interest for you in this popular work. Employees, company directors, retirees and persons engaged in business or a profession, either individually or as a partner – in fact, any individual who is or is potentially a Malaysian taxpayer, can benefit from the wealth of ideas presented in this book with its easy to read yet informative style, clear examples and comprehensive index. Specially tailored for you – the individual taxpayer – this book builds on the pedigree of successful editions of the highly acclaimed 100 Ways to Save Tax in Malaysia series.

Highlights of new material covered in this edition:

• Reductions in tax rates ranging from 1% to 3% for all taxpayers from 2015 onwards.
• Operation of monthly tax deductions at source (MTD) as final tax.
• Increased reliefs for medical expenses for serious diseases and basic supporting equipment.
• Tax deducted at source from withdrawal of contributions to deferred annuity or private retirement schemes.
• New Inland Revenue Board Public Rulings.
• Revised and improved worked examples.

100 Ways to Save Tax in Malaysia for Property Investors is a comprehensive guide to the tax implications of property investment and property ownership. As a work that collects together in one source all of the tax issues relevant to property investment and ownership, it is an invaluable tool to help investors in their vital decision-making processes. The book covers the specifics of the taxation of property income, which is in many ways distinct from the taxation of other kinds of income. In doing so, it discusses the setback for investors resulting from the re-classification of property income between “investment” versus “business” income and the need to adapt. The availability of deductions and capital allowances against rental income is discussed with clear examples. The subject of investment holding companies is given a special chapter in view of its particular implications for property investors. Besides dealing with the taxation of property income, the book covers other areas of taxation including real estate investment trusts (REITs) and assessment tax which have relevance for the property investor. Tax-saving strategies which include tax deferment, tax reduction and elimination of tax liability are explored with practical illustrations. Due to its significance a completely new chapter is devoted to Goods and Services Tax (GST) which is due to be introduced in Malaysia on April 1, 2015.

Wary property investors should also be aware of the tax implications of dealing with properties in such a way that a profit on sale becomes liable to income tax. In this context, the “badges of trade” are examined and useful guidelines and examples are provided. Stamp duty which is a significant cost for property investors is also covered by the book including the calculation of advance stamp duty. This book contains a wealth of ideas to help you to minimise the taxes you have to pay and to plan your future actions so as to pay as little tax as possible, using simple everyday language and practical examples to illustrate them. It is certainly a book not to be missed by property investors, tax consultants, real estate consultants, estate agents, lawyers, landlords and anyone with an interest in property income.

Highlights of new materials covered in this edition:

• Substantially increased RPGT rates for disposals on and after January 1, 2014.
• Tax to be withheld by the acquirer of real property or RPC shares.
• Tax implications on conversion of a partnership or a company to a limited liability partnership (LLP).
• The potential for joint and several liability of a director is increased.
• Working of GST in relation to property-related transactions.

Authors: Irsyad Tariq, S. Saravana Kumar
Publication Date: December 2024
ISBN: 9789672875345 
Format: Paperback
Country: Malaysia

“…Through this book, the authors, Mr Irsyad Tariq and Mr S. Saravana Kumar, seek to explore the intricate relationship between tax policy, ethical considerations, and their implications for businesses and individuals within the Malaysian context. I wish to congratulate them on this endeavour as this book is the first of its kind in Malaysia and this region…It is my sincere hope that this book will stimulate thoughtful dialogue among practitioners, scholars and policymakers, ultimately contributing to a more equitable and transparent tax environment.
 I hope the efforts of the authors in writing this book will assist us in navigating the complexities of taxation and ethics, striving for a future where fiscal responsibilities align with our moral obligations…”
– From the Foreword by Prime Minister of Malaysia “YAB Dato’ Seri Anwar Ibrahim”.

“…This book, ‘‘Taxation and Ethics in Malaysia’’, offers a timely and thorough analysis of the ethical considerations surrounding the Malaysian taxation system. It explores the historical, current, and future dynamics of taxation while examining the legal and regulatory frameworks that govern tax compliance and the tax appeal process. The book addresses several significant topics, including the perspectives of the Judiciary in tax cases and the complex ethical dilemmas faced by taxpayers, tax authorities and policymakers. Besides, it analyses the ethical and moral dimensions of tax compliance, avoidance, and evasion. It also highlights the essential role of tax administration in effectively managing tax collection and fostering an environment characterised by trust, compliance, and accountability.
I commend the authors for their meticulous research and erudite analysis. This book is a valuable resource for policymakers, tax authorities, taxpayers, academics, and anyone interested in the intersection of law, ethics, and economics. By fostering a deeper understanding of the ethical implications of taxation, this book can help to promote a more just and equitable tax system…”
– From the Foreword by Chief Justice of Malaysia “Tun Tengku Maimun Tuan Mat”.