Chapter 3

Corporate Tax
GROSS INCOME
DEDUCTIBLE
EXPENDITURES
T
AX PAYABLE

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TO DETERMINE THE GROSS INCOME
OF A COMPANY (BUSINESS AND NON
BUSINESS)

TO IDENTIFY DEDUCTIBLE
EXPENDITURE

TO COMPUTE THE CHARGEBLE

INCOME OF A COMPANY

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GROSS INCOM
E

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1. SUBJECT MATTER
2. PERIOD OF OWNERSHIP
3. FREQUENCY OF TRANSACTIONS
4. SUPPLEMENTARY WORKS DONE PRIOR
TO SALE
5. ORGANIZATION SET UP TO DISPOSE THE
GOODS
6. MOTIVE FOR THE TRANSACTIONS

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1. SUBJECT MATTER (nature of asset)
- Commodities could be bought as personal
use of enjoyment - purchase of a
bottle of Pepsi/coke
- BUT if buying and selling Pepsi/coke – even
a single bottle – will increase the trading
stock clearly a trading transaction
- Rutledge v IRC (1929) – purchase 1m rolls
of toilet paper, gained 10K profit – The
courts held the sum to be taxable although
they claimed it was an isolated transaction
- Example: painting/jewellery – once bought
for pleasure but sold when its value had
appreciated – difficult to prove
(adventure/concern in nature of trade)

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2. PERIOD OF OWNERSHIP
- Wisdom v Chamberlain (1968) – an actor
purchased some ingots of silver as a hedge
against an anticipated devaluation. He sold
within a year and made profits. The courts held
the sum to be taxable – adventure in the
nature of trade.
- Mount Elizabeth v The Comptroller of Income
Tax (1987) – developed a block of high-rise
apartment and disposed them with the
exception of a few units. These units were
retained for seven years and then disposed –
Profit arising still treated as trading profits

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3. FREQUENCY OF TRANSACTIONS
- Transaction in one series – evidence of a
systematic and methodical activity – general
pattern will constitute an adventure in the
nature of trade.
- Pickford v Quirke (13 TC 251) – a member of a
syndicate which purchased the shares of a m i l l -
owning company, then liquidate the comp. and
sold the asset to another comp. The syndicate
was specially formed for the purpose of buying
asset (substantial profit). Taxpayer had engaged
in 4 other transaction & made profit. The
courts held that all the transactions constituted
the carrying on a trade.

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4. SUPPLEMENTARY WORKS DONE PRIOR TO SALE
- Cape Brandy Syndicate v IRC (12 TC 358) – 3
individuals form syndicate and purcahsed a
quantity of Cape Brandy. This was shipped to
England and blended with some French brandy,
re-casked and sold to various buyer. The
entire lot was sold over a period of 18 months
and not involved in any other transaction. The
courts held the profits were taxable (adventure
in the nature of trade) although they claimed it
was an isolated transaction.

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5. ORGANIZATION SET UP TO DISPOSE THE GOODS
- Martin v Lowry (11 TC 297) – Taxpayer (an
agriculture merchant) acquired about 45 m
yards of war surplus linen. He set up an
organization and advertised the sale of linen
and over a period of few moths the entire linen
were sold. The courts held he was carrying on
a trade - the profits were correctly assessed as
arising from a business.

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6. MOTIVE FOR THE TRANSACTIONS

- Motive – never an issue (the nature of

transaction is clearly evident as one of trade)
- The courts will have to resort the indicators
which point to the transaction as constituting a
trading/business transaction)

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 Business activities (income) have to be
distinguished from investment transactions
(capital)
 Capital natured business receipt are not

taxable (i.e. gains from disposal of

fixed assets).

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 Section 22(1) and (2):
◦ Applies to revenue receipt
◦ If the gross income resulted from past expenses
and outgoings of revenue nature, it would then b
e treated as income

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 Sumreceivable by way of insurance,
indemnity, recovery and reimbursement
constitute gross business income.

 Forinstance, such sum include insurance

recoveries which are in respect of trading
stock, defalcation by employees, repairs of
assets as well as life and accidents
insurance.

 Insurance recoveries for replacement of

assets are capital receipt, thus not taxable.

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CARE Car Seat is an enterprise selling leather car
seats. It obtained its leather from various
suppliers in Europe. In 2012, several customers
complained that their leather seats which had
been supplied by CARE Car Seat had started to
peel after only four months of use. The company
traced the leather shipment which had been
used for the defective car seats and replaced all
the car seats made from the said shipment. It
then made a claim against the leather supplier.
After a period of lengthy negotiations and to
maintain goodwill, the supplier paid CARE Car
Seat a sum of RM45,000.

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 Answer…..
Discuss whether the RM45,000 is taxable.

 Answer:

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 Compensation for loss of income from a
source is a revenue receipt and is taxable.
 This receipt exhibit one or more of

the following attributes:

The receipts must be filling a hole in
profits.
The receipt must not be in respect of physical
damage or disposal of capital assets.
The receipt must not relate to the restructuring
of company.

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 Therecovery of trading debt is taxable
subject to key condition being satisfied.
The debt previously written off as being bad
and were allowed as deductions in arriving at
the adjusted income from business.

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 The waiver of amounts owing to creditors (i.e.
suppliers) is taxable.
 Example:
Samad, is an owner of a provision shop. As at 3 1 -
12-2011, he had an amount of RM2,500 owing
to one of his confectionary suppliers. In the
middle of 2012, the supplier agreed to waiver
the amount owed to him on the basis of the
lon g - term relationship between him and Samad.
Samad consequently debited the “supplier
account” in his monthly accounts and credited
“the income
statement account”.

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Issue: Advise Samad whether th e waiver of
RM2,500 is taxable.

Discussion
:

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BUSINESS DEDUCTION
S

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 Revenue versus capital expenditure
 Expenditure incurred by the taxpayers
carrying on a business
 Qualifying deduction under the ITA
 Timing of the expenditure
 Expenditure wholly and exclusively
incurred in production of gross income

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 Deductibility under Section 33 of ITA:
◦ Outgoings and expenses
◦ Wholly and exclusively
◦ Incurred
◦ During that period; and
◦ In the production of gross income

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Example 1(WHOLLY & EXCLUSIVELY)
With the expenses that you mention above (with the possible
exception of travel) part of the overall expense is W&E for
business and part is private. So, if you use your car for a
business journey then, for that journey, the use is wholly and
exclusively for the purpose of the business.

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Example 2(DIRECT PURPOSE FOR BUSINESS)
Muazam Sawit Bhd, a plantation company incurred
RM12,000 on a special audit of another company,
Shah Rubber Bhd that it tends to acquire. State with
reason, whether the expenses is deductible against
business income of Muazam Sawit Bhd.

Answer:
The amount in relation to special audit was not incurred
for
the direct purpose of the existing plantation business but
connected to another source. Thus, the expensesis
NOT
deductible.
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 Deductions Prohibited
Section 39(1)
(a) Domestic & private expenses
(b) Expenditure not wholly incurred
(c) Capital withdrawn and any sums employed as capital
(d) Contribution to a non-approved scheme
(e) Qualifying mining, prospecting and agricultural
(f) Interest or royalties paid to a non-resident person
(g) Payment for timber license or permit
(h) Bonus payment (now deleted)
(i) Lease rental
(j) Entertainment
(k) Leave passage cost

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Example 3(ENTERTAINMENT)
Azura Salleh SB incurred RM100,000 on entertainment for the
YE 31/7/2012. Details are as follows, compute the allowable
entertainment;

Entertainment allowance RM10,000

Entertainment to supplier 5,000
Sponsorship – cultural show at a sporting event 50,000
open to members of the public
Gifts to customer for purchase above RM100 15,000
Launching a new product 20,000

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 Answer
:
Allowable Remarks
allowance RM10,000
supplier 5,000
cultural show 50,000
Gifts to customer 15,000
Launching a new 20,000
product
100,000

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 Deductible & Non-deductible
expenses
1. Section 33(1)(a): interest
2. Section 33(1)(b): rent
3. Section 33(1)(c): repairs & renewal
4. Section 33(1)(d): other deductions
 Empower Minister of Finance to prescribe
relevant deductions from time to time
 The deduction sometimes not allowable
under ordinary rules but in view of
particular economic necessity

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Section Interest expenses on money borrowed would
33(1) be allowed as deduction under the following
(a) 2 circumstances:
Interest 1. The loan employed in production of gross
income
2. The loan is laid out on asset used/held in
that period for the production if business
income.

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Example (INTEREST)
Azneel Sdn Bhd (ASB) entered into an agreement for the
assignment of a timber concession. The consideration
payable by ASB for the assignment has been by installment
and ASB is also required to pay interest on the total
consideration or such part outstanding. In computing the
adjusted income, the DG did not allow deduction for the
interest paid but the taxpayer argued that the interest has
been paid for being allowed credit not for the use of license;
However DG had contended that the interest is part of the
selling price. Advise ASB.
Answer:
The payment of interest has been consideration for
the credit given to the taxpayer for the
outstanding
debt and it could be deducted under s 33. (DGIR v
RB Malaysian Taxation 2 31
Section Would be accorded a deduction if it was:
33(1) 1. Payable for occupying the
(b) land/building (immovable properties)
Rent 2. Used in relation to the period
3. Incurred for the purposes of producing
gross income of that source (i.e
business must have commenced)

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Example (RENT)
a) Chen rented a shophouse in order to sub let for rental
income. He also derives
manufacturing income. Can rental be
deducted from gross income
manufacturing? of the
Answer:
Rental expenses incurred on shophouse used to
produce rental income under s 4(d) cannot be
deducted from gross income of the manufacturing
source under s 4 (a). In order to get a deduction for
the rental the source of
rental must first exist, i.e. only deductible against
rental
income of shophouse.

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b) Ahmad SB manufacturing compan occupying
is factory in Sg Buluh. Rental expenses
y were
a paid
1/1/2012 to 31/12/2012. However the
on
business on 15/4/2012.
commenced the manufacturingcompany
Can the company claim entire rental to
the
deductible? be

Answer:
Only rental expenses form
15/4/2012 – 31/12/2012 is
deductible against gross
income
for the manufacturing business.

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Section 33(1)(c) - repairs & renewal
REPAIR - Principle in case laws:
– Capital in nature (NOT
deductible) (a)Improvement on a
an asset (b)Acquisition repair
(c)Replacement on whole of the
asset (entirety)
– Revenue in nature (deductible)
a. repair of premises, plant, machinery or
fixtures employed in the production of gross
income;
b. Replacement of part of asset
c. Renewal
d. Maintaining the commercial viability of an
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Example (REPAIR and RENEWALS)
A) Rubber SB is the owner of rubber estate. The drainage
system is controlled by 10 Watergates. As a result of a leak in
one of the Watergates, new gates was installed at the coast of
RM15,000. Consider the deductibility of the sum expended
installing the
new Watergates.

Answer:

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B) Mall Bhd owns a chain of retail outlet in Malaysia. In 2009, it
acquired 2 dilapidated shop lots to expand its chain. Repair wor
k was carried out in the same year in the 4 outlets including ini
tial repairs on the newly acquired shop lots. State with reason,
whether the repairs on the 4 outlets are tax deductible.

Answer
:

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Specific Business deduction
(section 34 & 35)
- Bad debts
- Employer’s contribution to an approved fund
- Equipment for the disabled employees
- Translation and National Language
Publication
- Library facilities (not exceeding RM100,000)
- Community welfare
- Child care centre
- Managing musical or cultural groups
-Sponsorship of arts and cultural activity
(max: RM300,000)
- Scholarships (wef YA2001)
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Specific Business deduction
(section 34 & 35)
 - Halal certification expenditure (wef
YA2005: double deduction)
 -Practical training (wef YA 2002)
- - International standardization activities
- - Scientific research
 - Special deduction for scientific
research expenditure (double
deduction)
 - Contributions and payment to an
approved research institute or an approved
research company
 - Stock in trade Malaysian Taxation 2 39
Example (bad debt)
Runny is a building contractor. He has lent a sum without any
security to Lee a family friend. Lee subsequently
became
bankrupt and Runny considered the sum lent to be a total loss
and has sought to deduct it from his profit. He considered that
the loan had been a bad debt incurred in the ordinary course
of business and deductible under s 34(2). Advise Runny.
Would
your advice differ if Lee is a major supplier to the business?

Answer:

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Example (Approved scheme)
ZSB decided to improve the benefits offered to its employee. As a
result, it set aside RM150k out its reserve for a pension fund. This
is the initial contribution necessary to set up the fund. State with
reasons, whether the expenditure is a tax deductible.

Answer:
Would be capital expenditure – not deductible. The
initial contribution is capital because it is made, not
only once and for all, but with a view to bringing into
existence an asset. However s 34(5) – may allow the
deduction for a such special contribution in respect of
an approved scheme.

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Deduction of outgoings & expens
es [section 33(1)]
 Accountancy fees
 Advances & loans
 Advertising costs – allowable
 Books & periodicals
 Business acquisition costs
 Acquisition of trading stock on
takeover: deductible
 Travelling expenses: non
allowable

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 Deduction of outgoings & expens
es [section 33(1)]
 Trade & club subscription
 Income taxes: non allowable
 Clothing & tools: non allowable
 Company general meeting: non allowable
 Trade exhibition and travelling expenses
 Consumable aids: allowable
 crop re-planting: allowable

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Deduction of outgoings & expens
es [section 33(1)]
 Damages
 Defending capital assets: allowable
 Devaluation losses: allowable
 Fines & penalties: non allowable
 Terminating redundant employee:
allowable
 Legal expenses in restructuring
exercise: allowable
 Audit fees: allowable

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 Double Deduction
 Interest on loan to small business
 Employment of disabled employees
 Insurance premium for import of cargo
 Training of an handicapped persons
 Export credit insurance premium
 Freight charges (from Sabah & Sarawak)
 Research expenditure
 Contribution to approved research institute
 Overseas expenses for promotion of
tourism
 Expenditure for approved training

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 Double Deduction
 Expenses incurred in international trade fair
 Fees incurred in packaging design (wef
YA2001)
 Advertising Malaysian brand product
 Promoting brand names
 Promote export of services
 Halal certification
 Promotion of higher education

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TAX PAYABLE

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 Add Less
Net profit/(net losses) xx
+ ) Any item/expenses not allowable xx
for deduction
- ) Items allowed for double deduction (xx)
- ) Non business income / Non
taxable income (xx)
Sec 4(c) : dividend, interest and
discount
Sec 4(d): rent, royalty and
premium
Adjusted income/loss XX
+ ) Balancing charges xx
- ) Capital allowance/ balancing allowance (xx)
Statutory Income XX
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Statutory Income XX
(-) Loss b / f (xx)
(+) Other income xx
Aggregate income XX
(-) Approved donation*
Total Donation vs
10% from Aggregate income
(Which is lower) (xx)
Chargeable Income XX
Paid up share capital (<=RM2million )
Tax on the 1 s t 500,000 @ 20%
Tax on the balance @ 25%
Tax Payable XX

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 Q&A

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