Professional Documents
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Chapter 2 - Industrial Building Allowance
Chapter 2 - Industrial Building Allowance
INDUSTRIAL BUILDING
ALLOWANCE
1
Learning Outcomes
Definition of Industrial Building
Determination Qualifying Building Expenditure
(QBE)
– Constructed Building
– Purchased Building
Person eligible to claim IBA
Types of Industrial Building Allowance
• Initial Allowance
• Annual Allowance
Temporary Disuse of Industrial Building
Disposal of Industrial Building
– Balancing Charge
– Balancing Allowance 2
Introduction 1
A taxpayer who has incurred expenditure on the
construction or purchase of a building, which is used
for his business is entitled to claim Industrial
Building Allowance (IBA).
3
Meaning Of Industrial Building 1
5
1
Example 1:
Hi Five Sdn. Bhd is an authorized distributor of
electrical equipment. The company has its own
workshop to carry out their repair jobs for its
customers. Will the w/shop be considered as industrial
Building?
6
Meaning Of “Within The Same 1
Cartilage”
A building attached or adjacent to or within the same
enclosure as the other building.
Example 2:
Mesra Bhd. is a manufacturing company. The
factory is located at Klang. The warehouse to
store raw materials is within the same
compound as the factory. But the warehouse
for finished product is located at Kajang. Are
BOTH warehouse is considered as IB?
Answer:
ONLY warehouse in Klang
considered as IB as it is within the
same curtilage as factory.
7
1
Example 3:
Quicksave Bhd. is a retailing business
company. It constructed a warehouse
adjacent to its supermarket building. Can the
company claim the warehouse as an
industrial building?
Answer:
8
Public Road and Ancillary 1
Structures (Para 67A)
Where pursuant to an agreement with
government – a person incurs capital
expenditure on the construction,
reconstruction, extension or
improvement of any public road and
ancillary structures which is recoverable
through toll collection, such exp. Is
eligible to claim IBA.
9
Non-industrial Building 1
10
Part Of Building Used As IB 1
(Para 44 & 66)
Where part of the building or extension of a building is
used as industrial building and the other part of the
building is not used.
Rule: Application of
1. 10% rule using cost of construction or
2. 10% rule using the floor space area
Then, if the capital exp. incurred on the construction of
the non-qualifying part does not exceed 10% of the total
cost /space of the whole building, so the whole building
qualifies as industrial building. (Para 66)
If the construction cost of non-qualifying part exceeds
10% of total cost/space incurred of the whole building,
then only part of the such building is qualify for IBA.
11
Example 4:
Modern Furniture Bhd. Incurred an expenditure of
RM400,000 of a construction of a factory to produce
furniture. The factory space included an admin office,
costing RM50,000. Factory building space 100,000 sq ft
included 12,000 for admin.
a) Application of 10 % rule using cost of construction.
b) Application 0f the 10% rule using the floor space area.
Answer
12
Answer
13
Qualifying Building 2
Expenditure (Para. 3, Sch. 3)
Qualifying Building Expenditure (QBE):
– Cost of clearing the site
– Cost of demolition any old building from the site where the new building
is to be sited. It MUST not be an industrial building
– Architect fee on the design of the building
– Cost of preparing the various plans for the purpose of obtaining approval
from authorities
– Interest expense on loan borrowed to construct the building till its
completion
– Actual costs of the construction
– Incidental costs of the construction (plumbing, electrical, drainage)
– Installation of fittings that form part of the building
– Alterations and additions of a capital nature to an existing building
– Other expenditures to an existing industrial building which will not qualify
as revenue expenses or as repairs & maintenance
– Professional charges relating to the building (i.e legal fees) 14
Constructed Building 2
The qualifying building expenditure includes:
• Cost of construction of building
• Subsequent capital expenditure on construction,
extension, alterations and renovations
• Initial repairs (which enhance the value) of the
building.
Expenditure not qualifying for IBA:
Cost of the site/land
Expenditure connected to the acquisition of the land
Professional charges connected to the acquisition of
the land
Cost of demolition an existing industrial building
Page 481-482
15
Plant and machinery: 2
deemed IB
In the case where capital expenditure incurred on
preparing, cutting, tunnelling or levelling land for
purpose of installing plant and machinery exceed 75%
of the aggregate cost of plant and machinery and the
cost of installation, the total cost will be treated as an
expenditure on a building. (para 67)
Answer
17
Example 6:
2
Star Bhd. Incurred the following expenditure to
construct a factory:
– Cost of land RM280,000
– Legal fees for acq. of land RM6,000
– Cost of approving plan RM15,000
– Construction cost RM180,000
– Cost of demolishing an old factory RM35,000
Required:
Determine the QBE for the factory
18
2
Answer:
QBE for the factory:
– Cost of approving plan RM15,000
– Construction cost RM180,000
RM195,000
19
Purchased Industrial 2
Building
20
Qualifying Building 2
Expenditure (Para. 3, Sch. 3)
Purchase Building
– The QBE depends on whether the building was in
use as an industrial building or not within one month
before the purchase.
1) Purchased building in use within one month of
purchase (Para 4)
– The QBE incurred by the purchaser on building
shall be either the lower between:
» The purchase price
» The RE at the date of the purchase plus
taxable BC of vendor.
21
Example 7: 2
Mesra Bhd. is a manufacturer, incurred RM160,000 to
construct a building on 1 May 2008. The building was
used as a factory until 1 Sept. 2012 when it was sold
to Budi Bhd. for RM135,000. Both adopt 31 Dec as
their accounting date.
Mesra Bhd.
YA 2008 QBE RM160,000
IA (10% ) (RM16,000)
AA (2%) (RM3,200)
RE RM140,800
22
YA 2009 AA (2% x 160,000) (RM3,200)
RE RM137,600
YA 2010-2011 AA (3%x160,000x2yrs) (RM9,600)
RE RM128,000
23
2
2) Not used as industrial building within one month
before the purchase (Para 5, Sch. 3)
24
Example 8: 2
Jaya Bhd. constructed a building in 1997 at a cost of
RM600,000. It was not used as industrial building.
On 12 August, 2002, the building was sold to Melati
Sdn. Bhd for RM510,000. Melati Sdn. Bhd is a
manufacturing company and it uses the building as a
factory. The accounting dates for both company are
31 December.
Answer:
25
Discussion 2
Purchase price RM510,000
OR
Cost of construction RM600,000
Less: Notional allowance (YA 97-02)
(2% x RM600,000 x 5) RM 60,000
RM540,000
26
Date Of Expenditure Incurred 2
27
Example 9:
Lighting Sdn Bhd manufactures light bulb, construct a
building and completed on 15/9/2011. They commenced
trading on 1/2/2012 (Year ended 31/12). When the
company can claimed the QBE?
Answer
28
Person Eligible To Claim IBA 3
To qualify for IBA, a person must qualify three
conditions:
– Must have incurred capital expenditure on the
construction of building (including reconstruction and
rebuilding).
– The building must be industrial building.
– Must be in use for the purpose of business.
29
Example 10:
Steven Park constructed a building at qualifying
3
exp. of RM3.2m. It leases the building to Jaya
Bhd. who uses the building as a factory. Later,
Jaya Bhd incurred RM200,000 to build another
building at the leased building. The second
building is used as an electricity power supply
station for factory.
Answer:
30
3
Relevant interest (para. 49 -51)
Interest in the building to which the person
who incurred the expenditure was entitled to
when he incurred the said expenditure.
31
Initial Allowance (Para. 12 & 13) 4
Purchased Building
A person who purchase an industrial building
does not qualify for IA (prior YA 2002).
However, for building fall under Para. 3A, the
purchaser entitle to claim IA.
33
Annual Allowance (Para. 16 & 4
17)
An annual allowance (AA) will be given to a person who:
– has incurred QBE on the construction/purchase of
industrial building.
– is the owner of the building at the end of basis period.
– the building was in use as industrial building for the
purpose of a business.
Constructed Building
– The rate of annual allowance is 2% on a straight line
basis.
– However, with the effect of YA 2002, the rate is 3% on a
straight line basis.
34
4
Purchased Building
The rate is based on permitted fraction
prior to YA 2002.
However with the effect from YA 2002,
annual allowance is based on permitted
fraction or 3% of QBE, which ever is
higher.
35
Permitted Fraction 4
Formula for permitted fraction:
– Year of assessment of construction of the
building was completed xxx
– (+) 50 yrs
xxx
– (-) Year of assessment the building
was purchased (xxx)
xxx
– (+) 1 yr
xx_
36
Example 11:
Satellite Bhd constructed an industrial building on
1/1/95. In 2001, it sells the building to Settle-it
which also uses it as an IB. Compute the
permitted fraction which will be used by Settle-it
for claiming annual allowance.
YA – construction 1995
+ 50 yrs
2045
(- ) YA - purchased (2001)
44
+ 1 yr
45
The number of years from YA2001 to YA2045 = 45
37
Special Allowance (Construction 4
Building)
The taxpayers is not entitled to an
initial allowance in the case of
buildings provided as living
accommodation for employees in
the manufacturing, hotel or tourism
sector or in an approved service
project and other.
38
Temporary Disused (Para. 56 5
& 57)
An industrial building which is temporarily
disused shall deemed to be in use for the
purpose of the business if:
– It was in use immediately before becoming
disused
– During the period of disuse, it is constantly
maintained in readiness to be brought back
into use.
41
Meaning Of Disposal Value 6
(Para. 62)
Where a building is disposed of, its disposal value will
be:
– The market value at the date of the sale, transfer or
assignment or
– The net proceeds of the sale, transfer or assignment,
whichever is greater.
42
Building Owned For Less 6
Than Two Years
When a person incurred qualifying
expenditure in respect of an industrial
and it owned for less than two years, the
DG may direct that no allowances shall
be given.
43
Other Issues 6
Building constructed for Government use (para. 67B, 16A,
Sch 3):
Initial allowance of 10%
Annual allowance of 6%
Given against the lease income from the Government.
Example 12:
TCD, a property developer company enter into Built-lease transfer
contract with Malaysian Government in 2005 to construct an
Office Complex in Putrajaya. The MoF approved that construction
qualify as IB. The complex was completed in 2008 and was
leased to the Government on 1.1.2009 for a lease rental of
RM200,000 per month for 20 years. The QBE was RM3.5mil. On
1.2.2010, Malaysian Gov made a compensation of RM800,000
to TCD. Compute the IBA for YA2009 & 2010 (YE 31/12)
44
Answer:
QE 3,500
YA2009
IA 10% (350)
AA 6% (210)
RE 2,940
45
Qualifying renovation or refurbishment expenditure
(para. 8A, 32A): page 496, example 23
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TUTORIAL 4 –
TOPIC 2
FOR PRESENTATION
PURPOSE…
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TUTORIAL 4 –
TOPIC 2
FOR SUBMISSION
PURPOSE…
48
THANK YOU
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