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Revision For Test 2

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Revision for test 2: Agriculture allowance and Double tax agreement

Q1

Kulim Plantations Sdn Bhd (KPSB) (accounting date 30 June) had worked an oil palm estate
for several years. The company had incurred the following expenses:
RM
1/5/2014 Expenditure on planting 35,500
1/8/2014 Construction of estate office 10,000
15/9/2015 Construction of employee’s quarters 60,000
1/1/2016 Expenditure on replanting 19,000

The estate was sold to Batu Pekaka Estate Sdn Bhd (BPESB) (accounting date 31 March)
on 31 December 2017. The agreed prices were as follows:
RM
Plantation 250,000
Estate office 10,000
Employee’s quarters 45,000

Required:
Determine the qualifying agriculture expenditure and calculate the agriculture
allowances and agriculture charges if applicable due to KPSB and BPESB up
to the year of assessment 2021. KPSB has elected for the agriculture charge be spread
back evenly over the year of assessments for which the allowances were given.

Q2
Blue Sea Bhd., is a Malaysian resident company involving in shipping industry. The company
reported its income for the basis year 2021 as follows:
RM
Business income:
Adjusted income 3,000,000
Unabsorbed capital allowance 95,000
Balancing charges 81,200
Unabsorbed losses 28,800

Dividend income:
Dividend (single tier) from listed company 7,200,000
Dividend – Bangladesh (only RM102,000) 185,000
remitted)

1
Interest income:
Africa (remitted) 101,700
Malaysia – saving account at Afan Bank 80,000

Additional information:
Dividend (RM) Interest (RM)
Bangladesh 70,000 -
Africa - 35,000

Malaysia has a double taxation agreement with Banglladesh but no such agreement with Africa.
Required:
Determine tax liability for Blue Sea Bhd. for the year of assessment 2021 after considering any
reliefs available under Income Tax Act 1967.

Q3
Malaysia is considering introducing 5G technology and has identified certain spectrum
bandwidth for the roll-out of 5G in Malaysia. Three (3) of the current Malaysian telcos, namely
Shellcom, Maxim and DeeCi are interested to offer 5-G technology to their customers. The
three (3) telcos have approached Byeden Inc (“Byeden”), the largest 5G infrastructure
engineering company in USA for assistance in installing telecommunication towers (“towers”)
in the Klang Valley for 5G pilot roll-out in 2023.
Byeden has entered into separate contracts with Shellcom, Maxim and DeeCi for the
installation of towers. Shellcom, the largest telco requires fifty (50) towers and the installation
work is expected to last for five (5) months. Maxim and DeeCi need to install thirty (30) towers
each and the installation works for Maxim and DeeCi each requires three (3) months to
complete. Byeden will start the installation work for DeeCi first, followed by Shellcom and
finally Maxim. The entire installation works will commence in February 2022 and is expected
to be completed by December 2022.
Byeden intends to lease a warehouse in Subang for two (2) months to store the materials,
parts, and equipment needed for the installation works.
The tax authorities have indicated in their Practice Note, for the “construction, an installation
or assembly project” under section 12(4) of the Act, the meaning of a “place of business” is
established in Malaysia if it exceeds a period of five (5) months in a calendar year.

Required:

2
Byeden has appointed you as their tax consultant and seek your tax opinion on whether
it has a place of business in Malaysia based on the proposed works it will intend to
perform in Malaysia. Please explain your basis on how you have arrived at your
conclusion in your tax opinion to Byeden.

Note: There is no DTA between USA and Malaysia.

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