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How to Reduce Company Tax in Malaysia: A Comprehensive Guide

Post author By admin
Post date December 18, 2023

How to Reduce Company Tax in Malaysia: A Comprehensive Guide

Reducing company tax in Malaysia is a common concern for business owners, given the complexity of the country’s tax regulations. The self-assessment system (SAS) is fundamental to computing corporate taxes, replacing the manual tax return and payment process.

Taxable profits, not considered as company expenditures, require careful consideration, emphasizing the need for a robust understanding of Malaysian tax laws.

Malaysia’s standard corporate tax rate is 24%, with variations based on the type of company. Resident companies meeting specific criteria, such as a paid-up capital of RM2.5 million or less and a gross income not exceeding RM50 million, enjoy reduced rates, creating opportunities for tax savings.

Understanding these corporate tax rates is foundational for effective tax planning in Malaysia. It is important for businesses to know their numbers and explore avenues for reduced rates based on their company type, capital, and income.

Understanding Corporate Tax Payment Timelines

Corporate tax payment timelines are crucial for compliance and effective financial planning. Newly incorporated companies must file an estimation of tax payable within three months of operation.

Monthly installments start in the sixth month of the assessment year, ensuring a systematic approach to tax payments.

After the assessment year concludes, timely filing of taxes with Lembaga Hasil Dalam Negeri Malaysia (LHDN) through the e-filing system within seven months is mandatory. This includes reconciling any difference between the estimated and actual tax liability.

Proactive adherence to these timelines is essential for businesses aiming not only for compliance but also for effective tax planning.

Strategies for Corporate Income Tax Deductions

Maximizing Allowable Expenses

When aiming to reduce corporate tax in Malaysia, one crucial strategy involves maximizing allowable expenses. Corporate income tax deductions play an important role in this process, covering a range of expenses directly linked to income generation. By strategically leveraging these deductions, businesses can significantly lower their overall tax burden.

Wages and Salaries

Employee compensation, including wages and salaries, stands as a key deductible expense. This includes payments made to both full-time and part-time employees. Properly documenting and accounting for these expenses is essential for ensuring compliance and maximizing tax benefits.

Incorporation Expenses

Expenses related to the incorporation of the company, such as legal and administrative costs, are deductible. These initial setup costs contribute to the smooth establishment of the business and are recognized as allowable expenses for tax purposes.

Marketing and Advertisement Expenses

Businesses can deduct expenses associated with marketing and advertising efforts. This includes costs related to promotional campaigns, online and offline advertisements, and other marketing initiatives. By investing in these activities, companies not only promote their brand but also benefit from tax deductions.

Business Insurance

Costs incurred for insurance coverage related to business activities are considered allowable expenses. Whether it’s property insurance, liability coverage, or other business-specific insurance, these expenses contribute to reducing the taxable income of the company.

Entertainment Expenses

While entertainment expenses are deductible, there are specific criteria to meet. Expenses related to business-related entertainment, such as client meetings or employee team-building events, can be claimed. However, it’s essential to keep detailed records and adhere to guidelines to justify these deductions during audits.

Lease Rental for Plant and Machinery

Businesses leasing plant and machinery can benefit from deducting lease rental expenses. This applies to costs associated with renting equipment important for business operations. Ensuring that these expenses are accurately recorded is a must for tax planning.

Maintenance and Repair

Costs incurred for maintaining and repairing business assets, machinery, or premises are allowable expenses. Regular maintenance is essential for the smooth operation of business activities, and the associated expenses contribute to reducing the taxable income.

Recruitment Expenses

Costs incurred in the recruitment process, such as advertising for job positions, conducting interviews, and hiring-related paperwork, are considered allowable expenses. Businesses actively recruiting talent can leverage these deductions to optimize their tax positions.

However, it’s essential for businesses to be aware of non-deductible expenses to carry out tax planning effectively. Certain expenses, such as penalties, fines, trademark registration, and payments to non-residents subject to withholding tax but not paid, fall into the non-deductible category.

A thorough understanding of both deductible and non-deductible expenses empowers businesses to craft precise and effective tax strategies, ensuring compliance with Malaysian tax regulations.

Tax Incentives in Malaysia for Savings and Growth

Malaysia offers enticing tax incentives to foster business growth and investment. Pioneer status and investment tax allowances, applicable to sectors like agriculture and tourism, provide substantial savings. A strategic incorporation of these incentives into business plans can result in tangible tax benefits, fostering long-term financial growth.

Understanding the criteria for these incentives and aligning business activities accordingly is important. Businesses can significantly reduce their tax burdens by leveraging these incentives strategically, aligning their operations with sectors eligible for tax allowances and exemptions.

The Role of Audit Firms in Tax Optimization for Compliance and Efficiency

Collaborating with a reliable audit firm is a must for optimizing tax positions in Malaysia. These firms offer valuable insights into eligible deductions, allowances, and compliance with transfer pricing regulations.

Their expertise in effective record-keeping ensures businesses handle the tax efficiently, seizing opportunities for tax reduction.

Moreover, audit firms play an important role in ensuring compliance with Malaysian tax regulations.

Their in-depth knowledge of tax laws and regulations, combined with their experience in various industries, positions them as valuable partners for businesses seeking to minimize tax burdens.

Businesses benefit significantly from the guidance of audit firms in Malaysia, ensuring not only compliance but also strategic tax planning.

Accelerated Capital Allowance for ICT Equipment for Technological Advancements

The Income Tax (Accelerated Capital Allowance) (Machinery and Equipment Including Information and Communication Technology Equipment) Rules 2021 provide accelerated rates for ICT equipment.

With a 40% annual allowance, businesses investing in technology not only enhance capabilities but also enjoy significant tax savings.

Adopting technological advancements aligns with both progress and tax efficiency. The accelerated capital allowance for ICT equipment is a testament to Malaysia’s commitment to promoting technological growth.

Businesses can capitalize on this incentive to not only stay competitive but also benefit from considerable tax savings.

Conclusion

Reducing company tax in Malaysia requires a strategic and comprehensive approach. Understanding corporate tax rates, optimizing deductible expenses, leveraging tax incentives, and collaborating with audit firms form the foundation.

Proactive tax planning, compliance with regulations, and strategic investments pave the way for sustained financial growth. By adopting these strategies, businesses can overcome the complexities of Malaysian tax regulations, ensuring compliance and unlocking opportunities for long-term success.

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Sustainability Trends to Watch in 2024

Post author By admin
Post date December 18, 2023

Sustainability Trends to Watch in 2024

Sustainability is rapidly evolving, with 2024 poised to be an important year in the fight against climate change and environmental degradation.

Businesses, governments, and individuals are amplifying investments and actions to drive the transition towards a climate-resilient and sustainable future. Here are the key trends that will shape our approach to sustainability in the coming year.

1. Acceleration of Disclosures Preparation

The preparation of disclosures, especially with the Corporate Sustainability Reporting Directive (CSRD) in the EU and the Securities and Exchange Commission (SEC) in the U.S., will accelerate in 2024.

CSRD expands the range of companies required to disclose sustainability information, influencing sustainable strategies. The SEC’s proposed rules on climate-related disclosures will increase accountability, signaling a shift from voluntary to standardized reporting.

Businesses need to prepare for data collection and reporting using ESG data management tools and services, ensuring compliance with these directives.

2. Climate Risk Management

In 2024, climate risk management is set to be integrated into the core risk management strategies of forward-thinking organizations.

Companies will adopt comprehensive approaches, incorporating climate scenario analysis and stress testing to understand potential impacts on their businesses under different global warming scenarios.

This not only reduces risk but also unlocks new opportunities for innovation and resilience. The trend indicates an increase in the sale of insurance products tailored to climate risks.

3. Scope 3 Emissions Scrutiny

The scrutiny of Scope 3 emissions, indirect emissions in a company’s value chain, will intensify in 2024. Investors, customers, and regulatory bodies are pushing companies not only to report but actively reduce these emissions.

This trend demands extensive data collection and engagement with suppliers and partners to drive sustainability improvements across industries. The increasing demand for decarbonization across supply chains is fostering innovation in product design, logistics, and materials.

4. The Rise of Climate Fintech

Climate fintech, the fusion of financial technology with sustainability principles, is becoming a vital funding stream for transitioning to a greener economy.

This surge is important for channeling investments toward renewable energy, carbon capture, and overall environmental and social sustainability. Climate fintech firms offer eco-friendly investment opportunities such as green bonds and responsible investment funds, driven by investors and government support.

Venture capital firms are recognizing their potential, providing not just funds but critical strategic guidance. Incorporating big data and AI enhances risk assessment, ensuring more robust and future-proof investment strategies.

5. AI for Sustainability

The application of Artificial Intelligence for sustainability is expected to expand significantly in 2024. AI can optimize resource use, improve energy efficiency, and contribute to significant reductions in environmental impact.

Predictive capabilities are utilized in biodiversity conservation, aiding in predicting poaching threats and managing protected areas.

AI simplifies ESG data management, important for companies facing the daunting task of collecting and analyzing vast amounts of ESG data for compliance.

ESG Trends to Watch in 2024

ESG (Environmental, Social, and Governance) trends are important for companies aiming to implement greater sustainability. ESG factors are becoming a common way to measure a company’s efforts toward sustainability. Here are the trends to watch in 2024.

1. Multiple New Requirements

Transparency will be enhanced in 2024 with new reporting requirements and disclosures, making sustainability more common. Companies may voluntarily draft ESG reports to stay ahead of future trends, ensuring honesty and adherence to jurisdictional requirements.

2. Rapid Uptake in Mandatory Disclosures

The year 2024 will witness a rapid uptake in mandatory disclosures. Regulatory rulings and directives will force companies to meet sustainability measurement and reporting requirements. The CSRD in Europe and the SEC’s climate disclosure rule in the U.S. will bring more companies under new regulations, making ESG data collection and reporting a serious endeavour.

3. More Sustainability Reporting for Smaller Companies

Sustainability reporting will not only target large corporations but also extend to smaller businesses. New reporting requirements will require private businesses to disclose emissions and environmental impact, encouraging more companies to disclose their environmental impact.

4. Supply Chain Transparency

Supply chain transparency gains new significance in 2024, driven by updated reporting requirements like the CSRD and the California Climate Accountability Package. The focus on supply chains includes developing new frameworks by the International Sustainability Standards Board (ISSB).

5. No More Greenwashing

2024 aims to combat greenwashing more effectively. The EU has agreed to ban greenwashing, setting rules for misleading advertisements. Companies will reorganize marketing tactics to avoid greenwashing and ensure compliance.

All in All

2024 will be a defining year for sustainability and ESG, marked by mandatory disclosures, the fight against greenwashing, deeper integration with financial strategies, and an increased emphasis on supply chain transparency.

Sustainability reporting will extend beyond public enterprises, including private companies, and become an integral part of business strategy. ESG is not merely compliance; it is an opportunity to redesign business models for a more sustainable future.

As the year unfolds, businesses must embrace these trends to contribute positively to the global sustainability agenda.

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Types of Tax in Malaysia

Post author By admin
Post date December 18, 2023

Types of Tax in Malaysia

Understanding Malaysia’s complex tax system is important for both individuals and businesses. This detailed guide aims to clarify different taxes, like Corporate and Individual Income Tax, Sales and Service Tax (SST), Withholding Tax, Real Property Gains Tax, and Stamp Duty, by exploring their specific details.

Corporate Income Tax

Corporate Income Tax Rates and Residency

In Malaysia, the standard corporate income tax rate is 24%. However, this rate varies based on factors such as paid-up capital and gross income. Understanding the residency criteria is important, as companies must be aware of their tax status in Malaysia.

The concept of tax incentives further enhances the financial landscape for corporations, providing strategic advantages in a competitive market.

To encourage economic growth, Malaysia offers tax incentives for specific industries or activities. For instance, businesses engaged in promoting sustainability practices may qualify for tax breaks. This approach aligns with Malaysia’s commitment to sustainable development and encourages businesses to contribute positively to environmental and social goals.

Tax Residency and Foreign-sourced Income

Determining tax residency involves assessing the management and control of a company’s affairs in Malaysia. Notably, foreign-sourced income is usually exempt unless specific business activities, like banking or insurance, are involved.

Unpacking the intricacies of tax incentives reveals opportunities for businesses to optimize their financial structures.

For businesses engaged in sustainability initiatives, additional incentives may be available. Sustainability reporting, a practice increasingly valued in the corporate world, could open doors to specific tax benefits.

This aligns with global trends where governments are rewarding businesses contributing to environmental and social sustainability.

Individual Income Tax

Progressive Individual Income Tax Rates

Individuals in Malaysia are subject to progressive income tax rates ranging from 1% to 30%.

This section explores the types of taxable income, including employment income, dividends, and other earnings. Understanding the nuances of these tax tiers is important for effective financial planning.

Beyond the standard tax rates, Malaysia provides various deductions and reliefs to ease the tax burden on individuals.

These include reliefs for self, spouse, and children, especially those pursuing higher education. Utilizing these reliefs strategically can significantly reduce an individual’s overall tax liability.

Deductions, Exemptions, and Self-Assessment

Explore the available deductions and exemptions, with a focus on optimizing relief for residents.

The self-assessment system requires individuals to compute their own chargeable income and submit returns by specific deadlines. Insights into these processes and the role of tax incentives enhance individuals’ ability to navigate the tax landscape effectively.

For individuals passionate about sustainable practices, certain green initiatives might be eligible for tax deductions. This could include investments in renewable energy, energy-efficient appliances, or environmentally friendly transportation.

These deductions not only benefit the individual but also contribute to Malaysia’s broader goals of environmental sustainability.

Sales and Service Tax (SST)

Sales Tax and Service Tax Rates

SST, a consumption tax, involves two components: sales tax and service tax. This section outlines the rates for various goods and services, providing clarity on the impact on businesses, including those offering services like accounting.

Understanding the conditions for SST registration is essential for businesses operating in Malaysia.

Businesses engaged in activities aligned with Malaysia’s economic goals, such as those promoting technology adoption or contributing to the nation’s digital transformation, may qualify for specific tax incentives.

This reflects Malaysia’s proactive approach to boost innovation and economic progress.

Withholding Tax

Rates for Different Income Types

Withholding tax is an important consideration for businesses engaged in cross-border transactions. For businesses providing essential services, such as those in the accounting sector, understanding withholding tax becomes paramount.

Malaysia’s withholding tax regulations may impact payments for services rendered to non-residents, necessitating a thorough comprehension of these intricacies.

Real Property Gains Tax

Tiered Rates and Exemptions

Real Property Gains Tax is a consideration for property transactions. With tiered rates and exemptions for Malaysian citizens, this section provides insights into the financial implications of property dealings.

Homeowners investing in energy-efficient upgrades or environmentally friendly features for their properties may find additional tax incentives.

Malaysia, in its pursuit of sustainable urban development, often encourages individuals to adopt eco-friendly practices in their real estate endeavours.

Stamp Duty

Categories of Stamp Duty

Stamp duty, categorized into fixed and ad valorem duties, extends its reach to various legal documents. Engaging with an audit firm in Malaysia becomes strategic, offering insights into ensuring adherence to stamp duty requirements and overall financial compliance.

Audit firms play an important role in helping businesses overcome the complexities of tax regulations. Their expertise not only ensures compliance with stamp duty obligations but also provides valuable insights for optimizing financial strategies.

This collaborative approach contributes to the overall economic health of businesses operating in Malaysia.

In a Nutshell

A comprehensive understanding of Malaysia’s tax landscape is fundamental for financial success.

Exploring tax incentives and seeking professional advice, especially from an audit firm in Malaysia, enhances compliance and optimizes financial strategies in this dynamic environment. We hope this useful guide makes Malaysia’s tax system easier to understand.

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Malaysia’s New Luxury Goods Tax: A Comprehensive Overview

Post author By admin
Post date December 5, 2023

Malaysia's New Luxury Goods Tax: A Comprehensive Overview (2025 Update)

Prepare for a major change in Malaysia’s economic landscape as the government unveils plans to implement a Luxury Goods Tax in 2024. This tax, an important component of the Revised Budget 2023, is positioned to change the nation’s revenue streams.

In a move to broaden the country’s revenue base, Malaysia implemented the High-Value Goods Tax (HVGT)—commonly referred to as the Luxury Goods Tax—in May 2024. Businesses involved in retail, imports, and sales of high-end products must understand this tax and its implications.

The tax rates are yet to be finalized, with expectations ranging between 5% to 10%. The tax is anticipated to apply only to Malaysians, exempting tourists from this levy.

Surveying countries with existing Luxury Goods Taxes provides valuable insights into the potential structure of Malaysia’s tax framework.

China, for instance, imposes a consumption tax ranging from 1% to 56%, while Indonesia levies luxury goods sales tax ranging from 10% to 125%. This global variance showcases diverse approaches to taxing non-essential, high-value commodities.

As we explore the nuances of this impending tax, we will explore its ramifications and the government’s strategic approach.

Defining Luxury Goods

The Luxury Goods Tax (formally known as High-Value Goods Tax or HVGT) was introduced under the High-Value Goods Tax Bill 2024, passed in Parliament and enforced from 1 May 2024. It targets discretionary, non-essential luxury items above a certain price threshold.

Luxury items, known for their exclusivity and representing higher social standing, includes high-end watches, designer handbags, and other non-essential, high-value goods. Rolling out a Luxury Goods Tax comes with its set of challenges.

The initial hurdle lies in defining what qualifies as a luxury good, a task complicated by differing cultural perspectives.

Additionally, the administrative complexities of enforcing such a tax, curbing smuggling, and accurately collecting funds present formidable challenges, especially for countries with limited resources.

What Goods Are Subject to the Tax?

The tax applies to both imported and locally sold luxury items across several categories.

Taxable Categories Include:

Luxury watches
Jewellery
Fashion items (designer apparel, handbags)
Footwear
Luxury cars & motorcycles
Yachts, aircraft, and golf equipment
Electronics (e.g., premium mobile phones above threshold)

The list is subject to change via Customs (RMCD) and MOF Malaysia.

Positive and Negative Impacts

The introduction of the Luxury Goods Tax requires a delicate balance. While it has the potential to bolster government revenue, there’s a risk of making domestic luxury goods less competitive on the global stage.

Striking the right tax rate is important to prevent deterring consumers or pushing them towards underground markets. The potential positive impact on government revenue must be carefully weighed against the potential negative impact on industries and tourism.

For instance, a 10% tax on luxury watches could potentially generate RM222 million in revenue based on the 2022 sales value of RM2.22 billion. However, if the tax rate is excessively high, it might discourage foreign tourists from making luxury purchases in Malaysia.

To counter this, the government could consider implementing a tourism refund or selectively applying the tax to minimize adverse consequences.

Malaysia's Fiscal Reforms

The broader context of Malaysia’s fiscal reforms extends beyond the Luxury Goods Tax to include subsidy cuts and other measures.

Prime Minister Anwar Ibrahim’s announcement of progressively cutting subsidies and introducing new taxes, including the luxury goods tax, reflects a clear approach to address economic imbalances and cope with the rising cost of living.

Tax Rates & Thresholds

Category	Price Threshold	Tax Rate
Watches & Jewellery	RM10,000	5%–10%
Fashion items	RM3,000–RM5,000	5%
Motor vehicles	RM200,000+	5%–10%
Aircraft/Yachts	RM500,000+	10%

Exact rates vary based on product type and value tier. Full details available via Customs Malaysia.

Who Needs to Comply?

The luxury tax affects:

Retailers & brands selling luxury products
E-commerce sellers (including cross-border sales)
Importers & distributors
High-net-worth individuals purchasing items directly from overseas

Both import declaration and sales invoices must reflect HVGT compliance where applicable.

Filing & Documentation

What Businesses Must Do:

Register with RMCD as a taxable person (if applicable)
File HVGT returns (likely monthly or quarterly depending on classification)
Maintain accurate pricing records to substantiate tax calculations
Ensure invoices disclose HVGT separately

Tax Incentives in Malaysia

Despite the introduction of Malaysia’s new luxury good tax and subsidy reduction, it’s important to note that Malaysia offers various tax incentives to businesses and individuals.

These incentives are designed to stimulate economic growth, attract investments, and enhance the competitiveness of certain industries. Some of these tax incentives are:

Lifestyle Tax Relief Changes

Tax relief for lifestyle purchases of up to RM2,500 is being restructured. It will exclude sports equipment and gym fees but will now cover fees for self-improvement courses.

Increased Childcare Allowance Exemption

Offers tax deduction equivalent to investment made in subsidiary companies engaged in food production activities. Subsidiaries can enjoy full tax exemption on statutory income.

Incentives for Production of Halal Products

Encourages investments in halal food production, offering a 100% investment tax allowance on qualifying capital expenditure within five years.

New Sports Equipment Relief

Malaysians can claim up to RM1,000 for expenses on sports equipment, sports facility fees, sports competition registration, gym memberships, and training fees for specific sports activities.

Extended Education Fees Relief

Tax relief for upskilling and self-enhancement courses, part of the education fees relief, is extended until YA 2026, allowing taxpayers to claim up to RM2,000 within the RM7,000 education fees relief.

Expanded Medical Expenses Relief

Tax relief for medical expenses now covers dental treatment, limited to RM1,000 within the RM10,000 total relief. It includes serious illness, fertility treatments, medical check-ups, Covid-19 tests, mental health exams, and rehabilitation for children with learning disabilities.

Enhanced Parents' Care Relief

The relief for parents’ medical treatment, special needs, and care expenses now includes full medical examinations, limited to RM1,000 within the RM8,000 total relief.

Extended EV Charging Facilities Relief

The tax relief for expenses related to EV charging facilities is extended until YA 2027, offering up to RM2,500. Businesses also benefit from an extension on tax deductions for EV rental costs for two more years.

Penalties for Non-Compliance

Non-compliance with HVGT may result in:

Fines of up to RM50,000
Surcharge or backdated tax recovery
Seizure of goods at port or retail points
Reputation risk and audit exposure

Strategic Considerations

Reprice items below threshold where possible
Bundle items or reclassify for tax efficiency
Consider offshore or bonded warehousing for import management
Consult with indirect tax experts on exemptions or transitional relief

Accounting Services in Malaysia

Amid these fiscal changes, businesses and individuals in Malaysia may seek professional assistance to overcome the complexities of the new tax system.

Accounting services in Malaysia play a crucial role in ensuring compliance with tax regulations, providing valuable insights, and optimizing financial strategies in light of the evolving fiscal regulations.

Conclusion

The impending introduction of the Luxury Goods Tax in Malaysia signals a significant shift in economic policy. Striking a delicate balance between revenue generation and industry competitiveness is highly important.

Detailed considerations, expert consultations, and an awareness of the impact on the economy, luxury goods market, and tourism industry will be important for the successful implementation of this tax. As Malaysia overcomes these fiscal changes, it stands at a juncture that could reshape its economic landscape in years to come.

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Criteria for Listing Your Company on Bursa Malaysia

Post author By admin
Post date December 5, 2023

Criteria for Listing Your Company on Bursa Malaysia

The decision to list a company on Bursa Malaysia, the nation’s primary stock exchange, is a strategic move that can bring numerous advantages, including increased visibility, access to capital, and enhanced credibility.

However, this process requires careful consideration and adherence to specific criteria set by Bursa Malaysia. In this guide, we will explore the necessary criteria and considerations for companies aspiring to list on Bursa Malaysia.

Understanding Bursa Malaysia

Bursa Malaysia, formerly known as the Kuala Lumpur Stock Exchange (KLSE), serves as the backbone of Malaysia’s financial market. It plays an important role in facilitating the buying and selling of securities, providing a platform for companies to raise capital from the public.

Before a company can be listed on Bursa Malaysia, it must fulfill certain prerequisites to ensure transparency, financial stability, and investor protection.

Financial Eligibility

Profitability

A basic requirement for listing is a proven track record of profitability. Bursa Malaysia typically looks for a company with a history of making profits for at least three years preceding the listing application. Demonstrating profitability is a key indicator of the company’s financial health and sustainability.

Minimum Market Capitalization

Companies are generally required to meet a minimum market capitalization threshold. This criterion ensures that the company has a certain level of value and liquidity, making it an attractive option for investors. The specific minimum market capitalization can vary and is subject to Bursa Malaysia’s regulations.

Minimum Shareholders' Funds

Bursa Malaysia sets a minimum threshold for shareholders’ funds, also known as shareholders’ equity. This criterion helps ensure that the company has a solid financial base, reducing the risk for potential investors. The calculation includes the company’s total assets minus its total liabilities.

Corporate Governance and Compliance

Compliance with Listing Requirements

Companies must comply with Bursa Malaysia’s listing requirements, including various aspects such as timely submission of financial reports, disclosure of material information, and adherence to the exchange’s rules and regulations. Non-compliance may lead to penalties or delisting.

Good Corporate Governance Practices

Bursa Malaysia places a strong emphasis on corporate governance. Companies seeking listing must demonstrate good governance practices, including a well-structured board of directors, transparent financial reporting, and adherence to ethical business standards. Compliance with the Malaysian Code on Corporate Governance is often mandatory.

Operational Viability

Business Viability and Sustainability

Bursa Malaysia assesses the business model and viability of the company. It is important for the company to demonstrate that its operations are sustainable and have the potential for future growth. This assessment includes evaluating the industry outlook, competitive positioning, and the company’s strategic plans.

Management Competency

The competence and experience of the company’s management team are vital considerations. Bursa Malaysia looks for a management team with the skills and experience necessary to overcome the challenges of being a publicly listed company. This includes assessing the track record of the company’s key executives.

Market and Investor Appeal

Public Shareholding Spread

To enhance liquidity and protect the interests of minority shareholders, Bursa Malaysia requires a certain percentage of the company’s shares to be held by the public. This ensures that there is a broad base of investors, reducing the risk of price manipulation.

Market Appeal

The company must present a compelling investment proposition to potential investors. Factors such as the nature of the business, growth prospects, and differentiation from competitors contribute to the market appeal. Bursa Malaysia aims to attract a diverse range of companies that can enrich the stock exchange.

Additional Considerations

IPO Readiness Assessment

Conducting an IPO readiness assessment is a important step for companies contemplating listing on Bursa Malaysia. This assessment involves a clear review of the company’s financial, operational, and governance structures to identify areas that may need enhancement before going public. It provides a roadmap for addressing these areas, ensuring a smoother transition to the public market.

SPAC (Special Purpose Acquisition Company)

The concept of Special Purpose Acquisition Companies, or SPACs, has gained traction in the global financial scenario. While SPACs themselves do not directly fall into the traditional criteria for listing, they represent an alternative path for companies to go public. A SPAC is a shell company created specifically for the purpose of acquiring or merging with an existing private company, thereby taking it public.

Pre-IPO Advisory

Engaging in pre-IPO advisory services can significantly aid companies in preparing for the listing process. These services include a range of activities, including financial due diligence, valuation assessments, and strategic planning. Pre-IPO advisory ensures that a company is well-positioned for a successful listing by addressing potential issues and optimizing its financial and operational structures.

In Summary

Meeting the criteria for listing on Bursa Malaysia requires a holistic approach. Beyond the core financial and governance requirements, considering alternative paths like SPACs, engaging in pre-IPO advisory, and conducting IPO readiness assessments can contribute to a more robust and successful listing experience.

Companies getting started on this journey should seek the guidance of experienced professionals to overcome the complexities and seize the opportunities that listing on Bursa Malaysia presents.

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How to Register Income Tax & File E-Filing with LHDN 2024

Post author By admin
Post date December 5, 2023

How to Register Income Tax & File E-Filing with LHDN 2024

Today, understanding and overcoming the complexity of the income tax system is not just a legal obligation but a vital contribution to the nation’s development.

This comprehensive guide aims to provide a detailed, step-by-step walkthrough for individuals and businesses on registering income tax and effectively utilizing the e-Filing system with the Inland Revenue Board of Malaysia (LHDN) in 2024.

About Malaysian Income Tax

At the core of financial responsibility lies the need to comprehend Malaysia’s income tax system. This understanding is highly important for individuals and businesses, ensuring compliance with regulations and actively contributing to the economic growth of the nation.

From individual taxpayers to thriving enterprises, adherence to tax regulations is a basic pillar of financial stewardship.

Registering for Income Tax

Who Needs to Register?

The obligation to register for income tax includes a diverse range of individuals and entities. This includes single individuals with annual earnings surpassing RM34,001, married individuals with non-working spouses earning above RM46,001, business operators, and those involved in property transactions. The criteria are coherent, covering a spectrum of financial activities.

Online and Manual Registration

Efficiency in the registration process is key, and Malaysia’s tax system provides two primary avenues for this – online and manual registration. The online route, facilitated through the MyTax system, offers a swift process. Necessary documents such as identification cards or passports are required for this process. Alternatively, manual registration at an Inland Revenue Board of Malaysia (IRBM) branch allows for a traditional, in-person approach to document submission.

Activating MyTax HASiL PIN

Post-registration, the acquisition of the MyTax HASiL PIN becomes important. This PIN serves as the gateway to seamless access to the e-Filing system. Whether obtained online or from an IRBM branch, this step ensures a streamlined entry into the e-Filing process.

Creating Your e-Filing Password

The subsequent step involves registering the 16-digit PIN in MyTax under the First Time Login menu. Successful creation of a password marks the completion of the activation process, ensuring secure access to the e-Filing system. This security measure is important in safeguarding sensitive financial information.

Filing Income Tax with LHDN

Filing Deadlines

A basic aspect of the income tax process is understanding and adhering to filing deadlines. For residents without business (Form BE), the deadline is set at April 30, with an e-Filing extension provided until May 15. Business owners using Form B have a slightly extended deadline of June 30, with the e-Filing deadline further extended to July 15. Timely filing not only prevents overdue income tax but also significantly contributes to the nation’s development.

Benefits of Timely Filing

Timeliness in filing is not merely about avoiding penalties; it goes hand in hand with national development. By adhering to the specified deadlines, individuals and businesses not only fulfill their financial obligations but also position themselves for various tax reliefs. These reliefs cover a broad spectrum, including those related to medical and health insurance, providing additional incentives for compliance.

Understanding Tax Booklet Filing Dates

Key Dates for Various Taxpayers

Each category of taxpayers has its unique set of deadlines. Individuals filing Form BE face a deadline of April 30, with an e-Filing extension until May 15. On the other hand, business owners using Form B must complete their filing by June 30, with the e-Filing deadline further extended to July 15. The diversity in deadlines accommodates the varied financial activities of taxpayers.

Things to Know During Tax Season

Filing for the First Time

For individuals filing for the first time, understanding the applicable tax form and its associated deadlines is important. Form BE, designed for residents without business income, has a deadline of April 30, with an e-Filing extension available until May 15. Business owners utilizing Form B encounter a deadline of June 30, with e-Filing permitted until July 15. Getting started with initial filing is simplified when armed with knowledge and a clear understanding of the specific requirements.

Mandatory EA Form Issuance

Employers play an important role in the income tax process. They are mandated to issue EA forms to present and former employees by February 28 of the following year. This stipulation ensures that employees have the necessary documentation for their tax filings. For individuals with multiple employers during a tax year, proactive communication with each employer is necessary to secure separate EA forms.

Taxability of Benefits

Understanding the taxability of benefits is a nuanced aspect of the income tax process. Benefits can be broadly categorized into benefits-in-kind and perquisites. While certain exemptions exist, it’s important to note that directors or employees with significant control over their employers may not be eligible for these exemptions. A detailed understanding of these nuances ensures accurate and compliant tax filings.

All in All

In terms of Malaysia’s income tax system, a proactive approach is not just recommended; it’s necessary. Adhering to deadlines, comprehending applicable tax forms, and leveraging available exemptions contribute to a seamless tax season.

However, the complexity of tax regulations may warrant additional assistance. Seeking professional guidance from accounting services in Malaysia can streamline the process, ensuring not only compliance with tax incentives but also a clear understanding of the evolving tax scenario.

This proactive engagement is not just an individual or business obligation; it aligns with the broader economic goals of the country. Malaysia’s advancement requires active participation in its tax framework, turning tax compliance from a legal requirement into a strategic move for personal and national growth.

As Malaysia continues on its trajectory of economic development, understanding and actively participating in its tax ecosystem become integral components of responsible citizenship and financial stewardship.

Tags tax incentives in malaysia

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Malaysia’s New Transfer Pricing Guidelines 2024

Post author By admin
Post date December 5, 2023

Malaysia's New Transfer Pricing Guidelines 2024

Malaysia has introduced transformative Transfer Pricing Rules for the year 2023 onwards, replacing the previous regulations.

This guide aims to break down the key aspects of these rules, offering insights into the changes, their implications, and practical considerations for businesses operating in Malaysia.

Evolution of Transfer Pricing Rules in Malaysia

The newly implemented Transfer Pricing Rules, effective from the year of assessment 2023, signify a paradigm shift from the previous regulations.

With the revocation of the 2012 rules, Malaysia embraces a contemporary approach to managing intercompany transactions, reflecting the evolving nature of global business practices.

Transfer pricing, the method of determining the value of transactions between related parties or subsidiaries, plays a crucial role in fostering fair and transparent business practices.

The latest rules, included in the Income Tax (Transfer Pricing) Rules 2023 [P.U.(A) 165], mark a departure from the previous norms and introduce significant changes aimed at enhancing transparency, accountability, and accuracy in transfer pricing documentation.

Contemporaneous Documentation: A Timely Imperative

An important change lies in the requirement for contemporaneous transfer pricing documentation. This demands meticulous preparation before the tax return due date.

Schedules, including Multinational Enterprise Group Information, Taxpayer Business Information, and Cost Contribution Arrangement Information, must be furnished, aligning with the Master File requirements in the Inland Revenue Board’s Transfer Pricing Guidelines.

The schedules provide a detailed framework for the required information, covering aspects from organizational charts to pricing policies. This shift towards more detailed documentation is designed to facilitate a clear understanding of the controlled transactions, ensuring that businesses provide a holistic view of their intercompany dealings.

The emphasis on contemporaneous documentation aligns with global trends, where tax authorities increasingly seek real-time insights into transfer pricing practices.

By incorporating this requirement, Malaysia aims to stay at the forefront of international standards, providing tax authorities with the necessary tools to assess the arm’s length nature of transactions efficiently.

Arm's Length Range: Defining Fair Pricing

The concept of an “arm’s length range” specifies acceptable pricing in a controlled transaction. Falling between the 37.5th to the 62.5th percentile, this range aims to establish fair and equitable pricing.

The guidelines underscore the Director General’s authority to adjust prices if comparability defects are identified, emphasizing adherence to the arm’s length principle.

The arm’s length range concept adds a layer of nuance to the determination of acceptable pricing, acknowledging the inherent variability in business transactions.

By setting a range rather than a fixed point, the rules recognize that controlled transactions may exhibit a degree of variability while remaining within acceptable limits.

This approach reflects a more pragmatic understanding of business dynamics, especially in industries where pricing structures can be influenced by a variety of factors.

However, it also places a responsibility on taxpayers to justify why their transactions fall within or outside this defined range, fostering a more transparent and accountable transfer pricing environment.

Enhancing Comparability Analysis: Striving for Accuracy

The new rules bring forth enhanced clarity on comparability analysis, emphasizing the accurate depiction of controlled transactions.

Conditions for utilizing data from prior years are outlined, with a focus on ensuring that property or service life cycles remain unaffected by commercial or financial relations between associated entities.

Taxpayers must meticulously support their chosen transfer pricing method, subject to scrutiny and potential replacement by the Director General.

Comparability analysis lies at the heart of determining the arm’s length nature of a transaction. By providing additional guidance on the accurate delineation of controlled transactions, Malaysia’s tax authorities aim to reduce ambiguity and disputes related to the selection of comparable uncontrolled transactions.

Moreover, the stipulation regarding the use of prior year data highlights the importance of aligning transfer pricing practices with the economic realities of the business.

The requirement that such data should not be impacted by commercial or financial relations adds a layer of objectivity to the analysis, aiming to ensure that historical data remains a relevant and reliable benchmark.

Intangible Property Dynamics: DEMPE Analysis Reinforced

With a renewed emphasis on the Development, Enhancement, Maintenance, Protection, and Exploitation (DEMPE) analysis for intangible property, contributors are entitled to an arm’s length consideration, irrespective of legal ownership.

Aligning with the Inland Revenue Board’s Transfer Pricing Guidelines, this reinforces the significance of accurately evaluating the value contributed by each party.

Intangible property, often a key component of modern business operations, poses unique challenges in transfer pricing. The DEMPE analysis ensures that entities contributing to the development and maintenance of intangible assets are appropriately compensated.

This is a departure from a narrow focus on legal ownership, recognizing that the economic value of intangibles is often generated through a broader set of functions.

The reinforcement of DEMPE principles is particularly relevant in industries where intellectual property and intangible assets play a central role.

It aligns transfer pricing practices with the economic realities of innovation-driven businesses, providing a more accurate reflection of the value contributed by each entity within a multinational group.

Practical Considerations: Overcoming Challenges

While the new rules provide clarity, certain considerations warrant attention. The Director General retains adjustment powers, even within the arm’s length range.

Silence on comparability defects poses a challenge, and taxpayers, especially those exempt from Master File requirements, face additional documentation burdens. Maintaining meticulous records becomes important for demonstrating the commercial rationale and economic relevance of transactions.

The practical implications of the new Transfer Pricing Rules extend beyond the technical aspects of documentation and analysis. Businesses need to be aware of the potential challenges and uncertainties introduced by these changes.

The discretionary powers granted to the Director General to make adjustments, even within the arm’s length range, highlight the importance of proactive compliance.

The absence of explicit guidelines on comparability defects introduces an element of ambiguity. Businesses must carefully overcome this scenario, seeking expert advice when necessary to ensure that their transfer pricing practices align with the expectations of tax authorities.

The additional documentation requirements, especially for entities exempt from Master File obligations, necessitate a thorough review of existing processes.

Maintaining records that demonstrate the commercial rationale and economic relevance of transactions becomes more than a compliance necessity—it becomes a strategic imperative.

In the event of an audit or inquiry, robust documentation can serve as a powerful defense, substantiating the arm’s length nature of transactions and mitigating the risk of adjustments.

Final Takeaways

Malaysia’s new Transfer Pricing Rules usher in a more stringent framework. To ensure compliance and optimize intercompany transactions, businesses are advised to engage expert accounting services in Malaysia.

Proactive planning, gathering relevant information, and staying informed about evolving guidelines are necessary steps.

As these rules shape transfer pricing, businesses can overcome complexities, mitigate risks, and foster a compliant approach in alignment with Malaysia’s evolving tax scenario.

By adopting these changes proactively, businesses not only meet regulatory requirements but also position themselves strategically in an environment where transparent and defensible transfer pricing practices are increasingly becoming the norm.

With an eye on the future, businesses should view these changes as an opportunity to enhance their transfer pricing governance, aligning it with broader strategic objectives.

As Malaysia takes a bold step toward international best practices, businesses that stay ahead of the curve will not only comply with the rules but also thrive in an era where transparency and accountability are highly important.

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A Beginner’s Guide to Starting a Company in Malaysia as a Foreigner

Post author By admin
Post date November 16, 2023

Company Registration in Malaysia for Foreigners – 2025 Complete Guide

3. Private Limited Company (Sdn. Bhd.)

Starting a business venture in Malaysia can be both exciting and challenging. Malaysia is known for its favourable business environment, ranking 12th globally, which makes it an attractive destination for foreign entrepreneurs.

This comprehensive guide walks you through everything you need to know—from company types and registration procedures to capital requirements and tax incentives. Whether you’re an entrepreneur, investor, or expanding your global footprint, this article helps you make confident, informed decisions.

However, foreign business owners need to fulfil certain legal and administrative requirements to establish their presence in this promising market.

Can Foreigners Start a Business in Malaysia?

Yes, they can, but with specific considerations. Malaysia encourages foreign investment and trading by participating in international trade agreements, such as the ASEAN Free Trade Area.

While the government is welcoming to foreign investors, certain restrictions apply, including the types of business entities and sectors open to foreigners.

Why Start a Company in Malaysia?

Malaysia continues to attract foreign investors thanks to its:

Strategic Location in Southeast Asia
Multilingual Workforce with strong English proficiency
Business-Friendly Policies, with company incorporation available 100% online via the Companies Commission of Malaysia (SSM)
Attractive Tax Incentives, including Pioneer Status and Investment Tax Allowances
Affordable Operating Costs and infrastructure

Whether you’re entering e-commerce, manufacturing, technology, or professional services, Malaysia offers a solid platform for business growth.

Types of Foreign Business Entities in Malaysia

Before venturing into the Malaysian business landscape, you must select the most suitable business structure. As a foreign entrepreneur, you have several options:

1. Private Limited Company (Sdn. Bhd.)

The most popular option among foreigners, a Sdn. Bhd. offers:

100% foreign ownership in many sectors
Limited liability protection
Eligibility for local tax benefits
Requires at least one director who is a Malaysian resident (can be fulfilled via nominee services)
Minimum paid-up capital: RM1,000 (industry-dependent; some require RM500,000+)

2. Labuan Company (for offshore or international businesses)

Registered under the Labuan Financial Services Authority (Labuan FSA)
Ideal for trading, finance, holding, or IP licensing
Attractive tax regime (3% on audited net profits or RM20,000 flat rate)

3. Branch Office

Acts as an extension of your foreign company
Subject to the same tax obligations as local companies
Not a separate legal entity—parent company assumes liability

4. Representative Office (RO)

For market research or liaison activities only
Cannot conduct sales or revenue-generating activities
Valid for up to 5 years, subject to renewal

5. Limited Liability Partnership (LLP)

Hybrid structure between a company and a partnership
Allows operational flexibility
At least one compliance officer must be a Malaysian resident

Step-by-Step Company Registration Process

Once you’ve determined the right business structure, you must proceed with registering your company with the Companies Commission of Malaysia (SSM). Registering a business in Malaysia typically takes 5 to 10 working days. Foreigners may also engage the service of an accounting firm in Malaysia to carry out this process on their behalf. This process involves several key steps:

Step 1: Name Search and Reservation

Initiate the process by searching for an available business name that complies with SSM’s guidelines and does not conflict with existing businesses.

Conducted via SSM’s MyCoID system
Name must be unique and not infringe trademarks
Reservation valid for 30 days (RM50 fee)

Step 2: Prepare Incorporation Documents

Submit the necessary documents and information, including the Memorandum and Articles of Association, business plan, passport, and visa to the SSM. The registration fees and timeline depend on your chosen business structure and the method of registration.

Company constitution
Declaration by director(s) and secretary
Share structure and paid-up capital details
Residential address and identification documents

Step 3: Submit to SSM

Depending on your business’s nature, you may need additional licences and permits from government agencies, such as the Ministry of Trade and Industry or the local council. Ensure you obtain the required permits for your specific business activities.

File all documents through the MyCoID 2016 portal
Upon approval, you’ll receive your Certificate of Incorporation (Form 9)

Step 4: Open a Corporate Bank Account

Choose from major banks like Maybank, CIMB, HSBC, or RHB
Physical presence of directors is usually required
Some banks request initial deposits of RM1,000–RM50,000 depending on business type

Step 5: Register for Tax & Employer Obligations

Register your business with the Inland Revenue Board (LHDN) and acquire a tax identification number. Comply with Malaysia’s tax laws, including filing annual tax returns and paying corporate tax and goods and services tax (GST).

Inland Revenue Board (LHDN) for tax registration
EPF and SOCSO for employee contributions
Human Resources Development Fund (if applicable)

Capital Requirements for Foreign-Owned Companies

Malaysia does not mandate a minimum capital for Sdn. Bhd. companies unless your business involves regulated sectors or employs foreign workers.

Business Type	Minimum Paid-Up Capital
General Business (non-regulated)	RM1,000
Wholesale/Retail Trade (WRT License)	RM1,000,000 (100% foreign-owned)
Employment of foreign expatriates	RM500,000 – RM1,000,000

Malaysia does not mandate a minimum capital for Sdn. Bhd. companies unless your business involves regulated sectors or employs foreign workers.

Taxation & Government Incentives

Corporate Tax Rates (2025)

Company Type	Tax Rate
Resident Company	17% on first RM600,000 (if revenue < RM50 mil), then 25%
Non-resident Company	Flat 25%
Labuan Company	3% (or RM20,000 flat)

Incentives You May Qualify For:

Pioneer Status (partial or full income tax exemption)
Investment Tax Allowance (ITA)
Reinvestment Allowance
MSC Malaysia Status (for tech/digital companies)
Green Technology Incentives

To access these, submit applications to MIDA (Malaysian Investment Development Authority) or Labuan FSA where applicable.

Overcoming Challenges

Starting a business in Malaysia as a foreigner may pose challenges such as language barriers, cultural differences, securing financing, and finding local partners or staff.

To overcome these hurdles and ensure compliance with the legal and regulatory framework, seek professional advice and support from local experts, including lawyers, accountants that offer accounting services in Malaysia, and business consultants.

Industries for Foreign Investments in Malaysia with Incentives

Malaysia offers a range of industries for foreign investors, each with its own set of incentives. The following are just some of the examples.

1. Manufacturing Sector

Pioneer Status

Offers a five-year partial exemption from income tax, with taxation on only 30% of statutory income. You can carry forward unabsorbed capital allowances and losses.

Investment Tax Allowance

Provides a 60% allowance on qualifying capital expenditure within five years, offsettable against 70% of statutory income. Any unutilized allowance can be carried forward.

2. Agricultural Sector

Incentives for Food Production

Offers tax deduction equivalent to investment made in subsidiary companies engaged in food production activities. Subsidiaries can enjoy full tax exemption on statutory income.

Incentives for Production of Halal Products

Encourages investments in halal food production, offering a 100% investment tax allowance on qualifying capital expenditure within five years.

3. Biotechnology Industry

Exemption of 100% statutory income for new businesses or expansion projects for five years.
Concessionary tax rate of 20% on statutory income from qualifying activities for ten years.
Exemption from import duty and sales tax on raw materials, components, machinery, and equipment.
Double deductions on expenditures incurred for research and development and export promotion.

What to Do After Setting Up a Company in Malaysia as a Foreigner

After successfully establishing your company in Malaysia, you will need to adhere to local regulations. Here are the key steps:

Opening a Corporate Bank Account

Once your company is incorporated, you can open a corporate bank account. Many banks now facilitate online communication with clients, but be aware of specific regulations regarding certain nationalities.

Business Licence

In most cases, businesses need to apply for licences, including business premise and signboard licences. Licensing requirements may vary based on your industry, so ensure compliance to operate smoothly.

Registration of EPF and SOCSO

When hiring local employees, you must register with the Employees Provident Fund (EPF) and the Social Security Organisation (SOCSO) to provide employee benefits and social security protection.

Application of Work Visa – Employment Pass

Depending on your employment needs, apply for the appropriate work visa, such as the Malaysia Employment Pass, to ensure legal employment for foreign staff.

Working Visas and Permits

If you intend to work in or relocate to Malaysia, you’ll need a valid employment pass. Common options include:

Employment Pass (EP) – For professionals in key roles; valid for 1–5 years
Professional Visit Pass – For short-term assignments
Dependent Passes – For family members of EP holders

To qualify, the company must have sufficient paid-up capital, office premises, and a clear business plan.

Timeline & Cost Breakdown

Stage	Duration	Estimated Cost
Name Reservation	1–2 days	RM50
Company Incorporation	3–5 days	RM1,000–RM3,000
Bank Account Opening	1–2 weeks	Free (min. balance applies)
Licensing (if needed)	2–8 weeks	RM1,000–RM3,000+
Total Time & Cost	~2–6 weeks	RM2,000–RM7,000+

Need help calculating your capital or tax liabilities? Contact us for a free consultation.

Frequently Asked Questions (FAQs)

Can I register a company without being in Malaysia?

Yes, but you must appoint a local director or use nominee director services.

Can a foreigner fully own a Malaysian company?

Yes, especially under a Sdn. Bhd. structure, unless restricted by sector-specific laws.

Do I need a business license?

It depends on your activity. Common licenses include WRT (retail/trading), Halal Certification, and sector-specific permits.

Do I need to rent an office before registration?

Not initially, but a valid Malaysian address is required. Virtual office solutions are available.

Why Work with ShineWing TY Teoh?

With over a decade of experience helping foreigners register companies in Malaysia, we offer:

End-to-end support: from SSM to tax & immigration
Fast turnaround & responsive service
Local experts who speak your language
Transparent pricing with no hidden costs

In Summary

Starting a business in Malaysia as a foreigner can be a rewarding venture, but it demands meticulous planning, regulatory compliance, and comprehensive market research.

Expert services such as accounting services in Malaysia can assist foreigners in overcoming the challenges by offering professional guidance for the successful setup of a business in Malaysia. Some of these professional services also include China Desk and Japan Desk services.

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What Is the Difference Between a SPAC and a SPV

Post author By admin
Post date November 16, 2023

SPAC vs SPV in Malaysia: Key Differences, Use Cases, and Regulations (2025 Guide)

Are SPACs and SPVs the same thing? Not quite. While both are legal entities created for specific financial purposes, their functions, regulatory requirements, and end goals are vastly different.

Special Purpose Acquisition Companies (SPACs) and Special Purpose Vehicles (SPVs) are two different financial entities that serve unique purposes in investments and business.

In this article, we will explore the fundamental differences between a SPAC and a SPV, highlighting their formation, roles, investor qualifications, and more. Understanding these differences is important for both entrepreneurs and investors.

We explain the core differences between SPAC (Special Purpose Acquisition Company) and SPV (Special Purpose Vehicle) in the Malaysian context, complete with definitions, comparisons, real-world examples, and trusted references.

What Is a SPAC?

A SPAC is essentially a shell company that goes public through an initial public offering (IPO) with the primary intention of acquiring a private company.

It’s often referred to as a “blank-check company” because, before the acquisition, it lacked a specific business operation and primarily exists to raise capital for future purchases.

A Special Purpose Acquisition Company (SPAC) is a publicly listed shell company formed to raise funds through an initial public offering (IPO). Its sole purpose is to acquire or merge with a private operating company, helping that business go public without a traditional IPO process.

Key Characteristics of SPACs:

No operating business at IPO – it exists only to find a target company
Funds raised are placed in a trust account until acquisition
Typically has 24–36 months to complete a qualifying acquisition
Investors get voting rights on the proposed acquisition
If no acquisition occurs, funds are returned to shareholders

Use Cases in Malaysia

In Malaysia, SPACs are listed under the ACE Market. They must comply with requirements set by the Securities Commission (SC) and Bursa Malaysia, including shareholder protection mechanisms and qualifying asset tests.

What Is an SPV?

An SPV, sometimes known as a Special Purpose Entity (SPE), is a subsidiary company created by a larger parent company for the purpose of isolating financial risk. SPVs serve various roles, including investing in startups, high-risk projects, or managing specific assets and liabilities.

They provide flexibility and a means to separate certain business activities from the parent company’s balance sheet.

The following are the differences between a SPAC and a SPV in terms of formation and structure, investor focus, investor qualifications, regulatory oversight and investor approach.

A Special Purpose Vehicle (SPV) is a private legal entity set up for a specific, limited purpose—often to isolate financial risk, securitize assets, or manage large investments. SPVs are not listed on the stock exchange and are typically used in private capital markets.

Key Characteristics of SPVs:

Used for risk isolation, asset pooling, or specific investment projects
Privately owned and governed by contract, not public listing rules
Popular among institutional investors, fund managers, and developers
May be established onshore under the Companies Act 2016 or offshore via Labuan (regulated by LFSA)

Use Cases in Malaysia

A property developer creates an SPV to raise funding and isolate liabilities for a single condo project. If the project fails, creditors can’t claim the parent company’s other assets.

Understanding SPACs and SPVs

Before delving into the specifics, let’s get a clear picture of what SPACs and SPVs are.

Difference Between SPAC and SPV

SPAC	Difference	SPV
A SPAC is typically established by a group of business executives and investors, often referred to as sponsors. These experienced individuals conduct an IPO to raise funds from public investors based on their reputation and track record. The capital collected from the IPO is placed into a trust account, which is accessible only for the purpose of making an acquisition.	Formation and Structure	SPVs are usually subsidiaries of established companies or are created for specific investment purposes. They can take various legal forms, such as limited partnerships, LLCs, or corporations, depending on the specific needs and objectives of their parent companies. SPVs are designed to be flexible and serve as separate entities.
SPACs focus on acquiring private companies through mergers or acquisitions. Their purpose is to identify suitable targets and bring them into the public domain. Investors in SPACs are essentially betting on the sponsors’ ability to find an attractive acquisition that will drive the SPAC’s stock price higher.	Investment Focus	SPVs can be used for a range of purposes, including investing in startups, managing assets, or taking on high-risk projects. They are commonly used to isolate risk and ringfence specific activities, making them more versatile compared to SPACs.
SPACs are open to a broad spectrum of investors who can participate in their IPOs. While there are no stringent investor qualifications, it is essential for investors to evaluate the reputation and track record of the SPAC sponsors.	Investor Qualifications	To invest in an SPV, you typically need to be an accredited investor. Accredited investors meet specific financial requirements, which may include income, net worth, or professional experience. This requirement helps ensure that investors are aware of the potential risks associated with SPV investments.
SPACs go through an IPO process and must adhere to certain regulatory requirements. However, they have limited financial disclosures at the time of their offering due to their nature as blank-check companies. Recent SEC proposals aim to align SPAC disclosure requirements more closely with traditional IPOs.	Regulatory Oversight	SPVs are primarily subject to the regulatory framework applicable to their parent companies. Their regulatory environment can vary depending on the nature of their investments and activities.
When investing in a SPAC, investors are essentially placing trust in the sponsors’ ability to make a profitable acquisition. The sponsors are responsible for identifying a target company that will generate returns for the SPAC’s investors.	Investment Approach	Investing in an SPV involves more direct control and knowledge about the investment. SPV investors often have a clear understanding of the specific project or startup they are backing. This focused approach allows for greater transparency and due diligence.

SPAC in Malaysia: Regulatory Highlights

Malaysia’s SPAC regulations were introduced in 2013 and enhanced in subsequent years. As of 2025, SPACs are listed on the ACE Market, governed by:

Securities Commission Malaysia – oversees prospectus and listing approvals
Bursa Malaysia – ensures post-listing compliance and shareholder rights

Key Requirements:

Minimum IPO size: RM150 million
Qualifying Acquisition within 36 months
90% shareholder approval required for the acquisition
90% of IPO proceeds must be held in a trust account
Refundable investment option if no acquisition is made

SPV in Malaysia: Regulatory Options

SPVs can be incorporated either onshore or offshore, depending on your purpose.

Onshore SPVs (Malaysia Companies Act 2016)

Governed by the Companies Commission of Malaysia (SSM)
Used in real estate development, financing, and private equity

Offshore SPVs (Labuan)

Governed by the Labuan Financial Services Authority (LFSA)
Popular for tax planning, private funds, or Islamic finance
May benefit from preferential tax rates (3% net profit or RM20,000 flat)

Which Structure Is Right for You?

Scenario	Recommended Entity
Taking a startup public without a full IPO	SPAC
Creating a separate legal entity for a project	SPV
Securitising loans or receivables	SPV
Merging with a high-growth target company	SPAC
Real estate joint venture	SPV

All in All

While both SPACs and SPVs serve unique purposes in the world of finance and investments, they are distinct entities with different structures, investor qualifications, and regulatory oversight.

SPACs are primarily focused on acquiring private companies, while SPVs provide flexibility for various investment strategies, such as startups and high-risk projects. Understanding these differences is important for individuals looking to make informed investment decisions in either of these financial instruments.

Additionally, when considering SPV investments, it is important to remember that only accredited investors can participate, and recent regulatory changes have made it easier for professionals to handle these investments on behalf of others.

In this regard, engaging a professional accounting service in Malaysia allows entrepreneurs and investors to have access to professional guidance in choosing between a SPAC and SPV and ensure their decisions are aligned with their financial objectives and risk tolerance.

Tags SPAC, Special Purpose Acquisition Company

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US GAAP and IFRS: What Is the Difference

Post author By admin
Post date November 16, 2023

US GAAP and IFRS: What Is the Difference?

In accounting, two sets of financial reporting standards hold a significant place – International Financial Reporting Standards (IFRS) and Generally Accepted Accounting Principles (GAAP).

These standards play a significant role in ensuring transparency and consistency in financial reporting across the globe. Let’s explore the key differences between US GAAP and IFRS in this article.

About IFRS and GAAP

IFRS (International Financial Reporting Standards)

IFRS represents a set of standards developed by the International Accounting Standards Board (IASB). Globally, IFRS governs how companies prepare their financial statements, providing guidelines to abide by the standards, making the accounting process uniform worldwide.

Investors use these statements to make investment decisions, and IFRS is widely adopted in Europe, South America, Asia, and Africa.

GAAP (Generally Accepted Accounting Principles)

GAAP, on the other hand, is a set of principles that guide the preparation of annual financial statements for public companies in the United States.

These principles ensure the consistency of financial statements submitted to the US Securities and Exchange Commission (SEC), allowing investors to compare statements and make informed investment decisions.

Top Key Differences Between GAAP and IFRS

GAAP	Difference	IFRS
Exclusively used within the United States	Adoption	Globally accepted
Rule-based research	Methodology	Principles-based approach
Guided by the Financial Accounting Standards Board (FASB)	Developed by	The International Accounting Standards Board (IASB)
Typically presents three periods	Income Statement	Often shows two
Lists assets in decreasing order of liquidity	Balance Sheet	Lists them in increasing order.
Places specific items in the operating activities section	Statement of Cash Flows	Provides more flexibility
Treats each quarterly report as part of the fiscal year, requiring a Management’s Discussion and Analysis section	Quarterly/Interim Reports	Considers each interim report as a standalone period
Allow non-standardized metrics	Non-Standardized	Prohibits using them directly on financial statements
Whether an item is recognized as an asset, liability, revenue, or expense can differ	Recognition of Accounting Elements	Whether an item is recognized as an asset, liability, revenue, or expense can differ
Differences in the likelihood threshold and measurement techniques can lead to distinct recognition and measurement of contingent liabilities.	Contingent Liabilities	Differences in the likelihood threshold and measurement techniques can lead to distinct recognition and measurement of contingent liabilities.
The treatment of deferred tax assets varies between the standards.	Income Taxes	The treatment of deferred tax assets varies between the standards.
Includes all property in PP&E	Investment Property	Separates investment property from PP&E
Treats harvestable plants and production animals differently	Biological Assets	–
Allows LIFO and FIFO methods	Inventory	Prohibits LIFO
Uses the initial cost for measurement	Fixed Assets	Allows fair value treatment, with potential value changes
Reports intangible assets at cost,	Intangible Assets	Allows fair value treatment.
Vary	Disclosures	Vary
Differences in terms like “probable” and “recognized contingent liabilities” exist, affecting the presentation of financial information	Terminology	Differences in terms like “probable” and “recognized contingent liabilities” exist, affecting the presentation of financial information

Similarities Between US GAAP and IFRS

Despite the differences, there are noteworthy similarities between US GAAP and IFRS. Recent accounting rule changes, such as the Revenue Recognition and Lease Standards, demonstrate convergence in certain areas.

These changes enhance the standardization and comparability of financial reporting across different industries.

Global Trends

Two significant trends highlights the relevance of understanding US GAAP and IFRS differences:

Geographic Diversification

Investment firms are expanding their geographic scope, and many foreign SEC registrants use IFRS standards. This trend encourages investors to consider opportunities overseas and diversify their portfolios.

Cross-Border M&A Activity

International mergers and acquisitions are on the rise. For such deals, investment bankers need to compare the financial reporting of both US and non-US companies, necessitating a grasp of both accounting standards.

In a Nutshell

Understanding the differences between US GAAP and IFRS is important for businesses and investors operating in a global financial landscape.

While convergence between these two standards has been a goal, coexistence and continued distinctions necessitate a comprehensive understanding of both sets of accounting principles.

As businesses expand globally and cross-border investments become more common, this knowledge becomes an invaluable asset.

If you’re a business operating in Malaysia and require expert guidance on financial reporting, consider collaborating with a trusted accounting firm in Malaysia. Their expertise in navigating the nuances of accounting standards can be instrumental in your success on both domestic and international fronts.

Tags us gaap