(i) Reinvestment Allowance
Reinvestment Allowance (RA) is given to companies engaged in manufacturing*, and selected agricultural activities that reinvest for the purposes of expansion, automation. modernisation or diversification of its existing business into any related products within the same industry on condition that such companies have been in operation for at least 36 months effective from the year of assessment 2009.
The RA is given at the rate of 60% on the qualifying capital expenditure incurred by the company, and can be offset against 70% of its statutory income for the year of assessment. Any unutilised allowance can be carried forward to subsequent years until fully utilised.A company can offset the RA against 100% of its statutory income for the year of assessment if the company attains a productivity level exceeding the level determined by the Ministry of Finance. For further details on the prescribed productivity level for each sub-sector, please contact the Inland Revenue Board (see Useful Addresses - Relevant Organisations)
The RA will be given for a period of 15 consecutive years beginning from the year the first reinvestment is made. Companies can only claim the RA upon the completion of the qualifying project, i.e. after the building is completed or when the plant/machinery is put to operational use. With effect from the year of assessment 2009, company purchasing an asset from a related company within the same group where RA has been claimed on that asset is not allowed to claim RA on the same asset.
Assets acquired for the reinvestment cannot be disposed off within a period of five years from the time of the reinvestment and effective from the year of assessment 2009.
Companies that intend to reinvest before the expiry of its tax relief period, can surrender their Pioneer Status or Pioneer Certificate for purpose of cancellation and be eligible for RA.
Applications for RA should be submitted to the Inland Revenue Board (IRB), while applications for the surrender of Pioneer Status or Pioneer Certificate for RA should be submitted to MIDA.
*With effect from year of assessment 2009, manufacturing activities will be given a more specific and clear definition under Schedule 7A, Income Tax Act 1967.
(ii) Accelerated Capital Allowance
After the 15-year period of eligibility for RA, companies that reinvest in the manufacture of promoted products are eligible to apply for Accelerated Capital Allowance (ACA). The ACA provides a special allowance, where the capital expenditure is written off within three years, i.e. an initial allowance of 40% and an annual allowance of 20%.
Applications should be submitted to the IRB accompanied by a letter from MIDA certifying that the companies are manufacturing promoted products.
SMEs are eligible for the following incentives:
ACA on expenses incurred on plant and machinery acquired in the year of assessment 2009 and 2010. This allowance is to be claimed within one year that is in the year of assessment the asset is fully acquired. This incentive is effective for the year of assessment 2009 and 2010; and
SMEs are not subject to the maximum limit of RM10,000 for capital allowance on small value assets effective from the year of assessment 2009.
Applications for ACA should be submitted to the Inland Revenue Board (IRB).
(iii) Accelerated Capital Allowance on Equipment to Maintain Quality of Power Supply
In order to reduce the cost of doing business companies which incur capital expenditure on equipment to ensure the quality of power supply, are eligible for Accelerated Capital Allowance (ACA) for a period of two years which allows the companies to write off the capital expenditure within two years, i.e. an initial allowance of 20% and an annual allowance of 80%.
Only equipment determined by the Ministry of Finance is eligible for the ACA.
Applications should be submitted to IRB.
(iv) Accelerated Capital Allowance on Security Control Equipment
Accelerated Capital Allowance (ACA) is given on security control equipment installed in the factory premises of companies licensed under the Industrial Coordination Act 1975. This allowance is eligible to be claimed within one year.Effective from the year of assessment 2009, this allowance is extended to all business premises. Security control equipment which are eligible for the allowance are:
Anti-theft alarm system;
Infra-red motion detection system;
• Access control system;
• Closed circuit television;
• Video surveillance system;
• Security camera;
• Wireless camera transmitter; and
• Time lapse recording and video motion detection equipment.
Applications submitted to the IRB from the year of assessment 2009 to 2012 are eligible for this allowance.
(v) Incentive for Industrialised Building System
Industrial Building System (IBS) will enhance the quality of construction, create a safer and cleaner working environment as well as reduce the dependence on foreign workers. Companies which incur expenses on the purchase of moulds used in the production of IBS components are eligible for Accelerated Capital Allowances (ACA) for a period of three years.
Applications should be submitted to IRB.
(vi) Tax Exemption on the Value of Increased Exports
To promote exports, manufacturing companies in Malaysia qualify for:
A tax exemption on statutory income equivalent to 10% of the value of increased exports, provided that the goods exported attain at least 30% value-added; or
A tax exemption on statutory income equivalent to 15% of the value of increased exports, provided that the goods exported attain at least 50% value-added.
To further encourage the export of Malaysian goods, a locally-owned manufacturing company with Malaysian equity of at least 60% is eligible for:
A tax exemption on statutory income equivalent to 30% of the value of increased exports, provided the company achieves a significant increase in exports;
A tax exemption on statutory income equivalent to 50% of the value of increased exports, provided the company succeeds in penetrating new markets;
• A full tax exemption on the value of increased exports, provided the company achieves the highest increase in export in its category.
Claims should be submitted to IRB.
(vii) Group Relief
Group relief is provided under the Income Tax Act 1967 to all locally incorporated resident companies. Effective from the year of assessment 2009, group relief is increased from 50% to 70% of the current year's unabsorbed losses to be offset against the income of another company within the same group (including new companies undertaking activities in approved food production, forest plantation, biotechnology, nanotechnology, optics and photonics) subject to the following conditions:
The claimant and the surrendering companies each has a paid-up capital of ordinary shares exceeding RM2.5 million;
Both the claimant and the surrendering companies must have the same accounting period;
The shareholding, whether direct or indirect, of the claimant and the surrendering companies in the group must not be less than 70%;
The 70% shareholding must be on a continuous basis during the preceding year and the relevant year;
Losses resulting from the acquisition of proprietary rights or a foreign-owned company should be disregarded for the purpose of group relief; and
f. Companies currently enjoying the following incentives are not eligible for group relief:
•Investment Tax Allowance/Investment Allowance
•Exemption of Shipping Profits
• Exemption of Income Tax under section 127 of the Income Tax Act 1967; and
• Incentive Investment Company
With the introduction of the above incentive, the existing group relief incentive for approved food production, forest plantation, biotechnology, nanotechnology, optics and photonics will be discontinued. However, companies granted group relief incentive for the above activities shall continue to offset their income against 100% of the losses incurred by their subsidiaries.
Claims should be submitted to the IRB.