This refers to a company that provides qualifying services to its offices or related
companies regionally and globally.
Incentive
Eligible for income tax exemption for a period of 10 years under Section 127, Income
Tax Act 1967 for income derived from the following sources:
-
Income arising from services rendered by an OHQ company to its offices or related
companies outside Malaysia
-
Income derived from interest on foreign currency loans extended by an OHQ company
to its offices or related companies outside Malaysia
-
Royalties received from R&D work carried out in Malaysia by an OHQ company on
behalf of its offices or related companies outside Malaysia.
The income generated by an OHQ company in providing qualifying services to its offices
and related companies in Malaysia will not be taxed during its tax-exempt period,
provided such income does not exceed 20% of its overall income derived by providing
qualifying services.
Foreign Exchange Administration (FEA) Flexibilities
-
Free to invest any amount in foreign currency assets to be funded with own foreign
currency funds OR Foreign currency borrowing.
-
Free to borrow any amount of foreign currency from onshore banks, licensed International
Islamic Banks, other resident companies within the same corporate group in Malaysia
and from any non-residents, provided the OHQ DO NOT on-lend the
funds To other residents OR raise the funds on behalf of any resident
Free to obtain any amount of foreign currency trade financing facilities from non-resident
to finance import payments
-
No restriction for payment in ringgit
-
For more information, please visit
www.bnm.gov.my/fxadmin
Other Facilities
Other facilities accorded to an approved OHQ are as follows:
-
Use professional services of foreign firms, provided that such services are not
available locally
-
Acquire fixed assets as long as the fixed assets are used for the purpose of carrying
out the operations of the OHQ
-
Expatriates working in OHQ companies are taxed only on the portion of their chargeable
income attributable to the numbers of days that they are in Malaysia.
Expatriate Employment
Companies applying for OHQ status can apply for expatriate posts, including key
posts. The approval will be granted according to the company's requirement.
International Procurement Centres
An International Procurement Centre (IPC) is a locally incorporated company, which
carries on a business in Malaysia to undertake procurement and sale of raw materials,
components and finished products for its group of related companies and unrelated
companies in Malaysia and abroad. This would include procurement from, and sales
made to, local sources and third countries.
Regional Distribution Centres
A Regional Distribution Centre (RDC) is a collection and consolidation centre for
finished goods, components and spare parts produced by its own group of companies
for its own brand to be distributed to dealers, importers or its subsidiaries or
other unrelated companies within or outside the country. Among the value-added activities
involved are bulk breaking, repackaging and labelling.
Equity Requirements
A company granted IPC/RDC status and incentives under Section 127 of the Income
Tax Act 1967, is allowed 100% foreign equity ownership.
Incentives
An approved IPC/RDC status company can be considered for:
- Tax exemption of statutory income for 10 years, under Section 127 of the Income
Tax Act 1967
- Dividends paid from the exempt income will be exempted from tax in the hands of
its shareholders
Foreign Exchange Administration
(FEA) Flexibilities Accorded to Resident Companies with International Procurement
Centres (IPC) and Regional Distribution Centres (RDC) Status
-
Free to hedge with onshore banks and licensed International Islamic Banks for payments
and receipts for import and export of goods and services, based on firm underlying
commitment; or on anticipatory basis
-
Hedging involving ringgit shall only be undertaken with licensed onshore banks
-
No restriction for payment in ringgit
-
Free to pay other resident companies in foreign currency for the settlement of goods
and services sourced from its foreign currency account if the IPC/RDC have exports
earnings (either from export of goods or services)
Other FEA Flexibilities: For more information please visit
www.bnm.gov.my/fxadmin
-
Expatriate posts based on the requirements of the IPC/RDC
-
Bring in raw materials, components or finished products with customs duty exemption
into free industrial zones (FIZs), free commercial zones (FCZs), licensed manufacturing
warehouse (LMWs) and bonded warehouses for re-packaging, cargo consolidation and
integration before distribution to its final consumers.
-
Expatriates working in IPC/RDC companies are taxed only on the portion of their
chargeable income attributable to the numbers of days that they are in Malaysia.
- Companies applying for IPC/RDC status can also apply for expatriate posts, including
key posts. The approval will be granted according to the company's requirement
MSC Malaysia-Status companies, institutions or faculties may enjoy attractive financial
& non-financial incentives.
-
Pioneer status with 100% income tax exemption for 5+5 years
-
100% ITA set against 100% income tax for 5 years
-
Freedom to source capital and borrow funds globally
-
Duty-Free Importation of multimedia equipment (DFI)
-
No censorship of internet
-
Competitive telco rates
-
Access to talent
-
Green environment
-
Access to R&D grants (subject to certain criteria)
Biotechnology
The following grants and funds are available:
- Seed fund
- R&D matching fund
- International Business Development Matching Fund
-
An exemption from tax on 100% statutory income:
- For a period of ten (10) consecutive years of assessment from the first year the
company derived statutory income from the new business; or
- For a period of five (5) consecutive years of assessment from the first year the
company derived statutory income from the existing business and expansion project;
or
-
An exemption of 100% statutory income derived from a new business or an expansion
project that is equivalent to an allowance of 100% of qualifying capital expenditure
incurred for a period of five (5) years
-
A BioNexus status company is entitled to a concessionary tax rate of 20% on statutory
income from qualifying activities for ten (10) years upon the expiry of the tax
exemption period
-
Tax exemption on dividends distributed by a BioNexus status company
-
Exemption of import duty and sales tax on raw materials/components and machinery
and equipment
-
Double deduction on expenditure incurred for R&D
-
Double deduction on expenditure incurred for the promotion of exports
-
Buildings used solely for the purpose of biotechnology qualifying activities will
be eligible for Industrial Building Allowance to be claimed over a period of 10
years
-
A company or an individual (that carry on business) investing in a BioNexus status
company is eligible for a tax deduction equivalent to the total investment made
in seed capital or early stage financing
Halal Business
Halal means allowed and permissible for consumption with relation to Syariah law
as long as they are safe and not harmful. With continued efforts to establish Malaysia
as the "Global Halal Hub", the Halal Industry Development Corporation provides the
following incentives:
In an effort to promote the attractiveness of the Halal Parks, the following incentives
are recommended:
-
Full income tax exemption for a period of 10 years ; OR 100% income
tax exemption on qualifying capital expenditure within a period of 5 years;
AND
-
Exemption on import duty import duty and sales tax on equipment, components and
machinery used directly in the Cold Room Operations subject to the current policies
Having met the eligibility criteria, all the application must comply with HDC Designated
Halal Parks Development Guidelines. Any new Halal Parks established by the State
Government / any other parties, seeking to be endorsed HALMAS Status must obtain
consent from HDC by complying to the set of checklist on requirement of infrastructure,
standards and guidelines.
In an effort to increase Malaysia's competitiveness in the Global Halal Market particularly
for inward and outward investment into the country, it is proposed that incentives
be granted to companies operating in the designated Halal Park.
- 100% income tax exemption on qualifying capital expenditure for a period of 10 years;
OR Income tax exemption on export sales for a period of 5 years
- Exemption from import duty and sales tax on raw materials used for the development
and production of halal promoted products
- Double deduction on expenses incurred in obtaining international quality standards
such as HACCP, GMP, Codex Alimentarius (food standard guidelines of FAO &WHO),
Sanitation Standard Operating Procedures and regulations for compliance for export
markets such as Food and Traceability from farm to fork
Qualifying criteria for halal industry players are:
-
The activities must be in the following four (4) industry sectors :
- Specialty Processed Food
- Pharmaceuticals, Cosmetics and Personal Care Products
- Livestock and Meat Products
- Halal Ingredients
-
The employment of high valued knowledge workers with a minimum of 15% of the total
workforce including at least three (3) Halal Compliance Officers;
-
Located in HDC Designated Halal Parks and Logistic Cold Hubs approved by HDC;
-
Must not be involved in any distribution and consultancy activities;
-
Must always comply with prescribed quality, hygiene and environmental guidelines;
-
Must always comply with all laws, regulations and licensing requirements where applicable;
-
Must comply with HDC’s halal integrity criteria with tests from accredited
laboratories in determining the credibility of the promoted halal products;
-
Must be involved in new business activities related to Halal and must incorporate
a new legal entity in Malaysia.
In an effort to promote Halal Industry and Halal supply chain in Malaysia, the incentives
are broaden up to the logistics operators. The recommended incentives are:
- Full income tax exemption for a period of 5 years ; OR 100% income
tax exemption on qualifying capital expenditure for a period of 5 years; AND
- Exemption on import duty import duty and sales tax on equipment, components and
machinery used directly in the Cold Room Operations subject to the current policies
Services provided by Halal Logistic Operators must be integrated which comprises
of the three (3) principal activities:
- Forwarding
- Warehousing
- Transportation
And at least one of the following activities:
- Distribution
- Other related and value-added services/activities (e.g. palletising, product assembly/installation,
bulk breaking, consolidation, packaging/re-packaging, procurement, quality control,
labeling/re-labeling, testing, etc.)
- Supply chain management
The Halal Logistic Operator must own minimum infrastructure as follows :
- Commercial Vehicles – 20 units
- Warehousing facilities – 5,000 sq. metres
Manufacturing
- Pioneer Status or Investment tax Allowance
- Industrial Adjustment Allowance
- Infrastructure Allowance
- Reinvestment Allowance
- Industrial Building Allowance
- Double deduction on expenses for the promotion of exports
- Double deduction for promotion of Malaysian brand names
- Double deduction incentive for research and development
- Double deduction incentives for training
- Double deduction incentives on freight charges
- Double deduction on export credit insurance premium
- Single deduction on pre-operating training expenses
- Single deduction on expenses incurred for obtaining quality systems and halal certification
and accreditation
- Tax exemption on the value of increased exports
- Accelerated Capital Allowance
- use of environmental protection equipment
- use of computers and information technology assets
- upon expiry of reinvestment allowance only for companies that reinvest in promoted
products
- Duty exemption on machinery, equipment, raw materials & components for:
- producing manufactured goods
- research activity - training activity
- environmental protection
Services
- Tax Exemption/Investment Allowance
- Industrial Building Allowance
- Duty Exemption on Machinery/Equipment & Raw Materials/Components
- Double Deduction Incentive on Promotion of Export of Services
- Double Deduction Incentive For Research & Development (Entire Services Sector)
- Double Deduction Incentive on Training (Entire Services Sector)
- Tax exemption on value of increased export
- Accelerated capital allowance for computers
- Accelerated capital allowance for environment friendly equipment
- Pioneer Status/Investment Tax Allowance
- Infrastructure Allowance
- Double deduction incentive for research & development
- Double deduction incentives for training
- Double deduction on overseas promotion
- Double deduction on approved Trade Fairs
- Single deduction on pre-operating training expenses
- Single deduction on cultural performances
- Industrial Building Allowance
- Accelerated capital allowance for environmental friendly equipment
- Tax exemption for tour operators
- Tax exemption for promoting international conferences
- Duty exemption on selected materials & equipments for tourism companies, musical
studios and
- No import and excise duty on CKD components for locally assembled tourist buses
- No sales tax on pewterware, camera, watches, lighters, fountain pens, transistor
radios, perfumes and cosmetic products
- Abolishment of service tax in Labuan & Langkawi
- Deduction for international Conference Promotion
- Incentives for Domestic Tourism
- Incentives for bringing in foreign tourists
- Double deduction in approved International Trade fairs
- Pioneer Status for Contract Research and Development Company.
- Investment Tax Allowance (ITA) for Research and Development Company and Contract
Research and Development Company (as an alternative to PS).
- ITA for in-house research
- Double Deduction Incentive
- Industrial Building Allowance
- Accelerated Capital Allowance for computers - use of environmental protection equipment
- use of computer and information technology assets
- Special Tax Treatment for Gifts
- Duty Exemption on Machinery & Materials
- Investment Tax Allowance for new & existing Technical or vocational Training
Company.
- Double Deduction Incentive for training expenses for SMI
- Single deduction for gift in cash
- Industrial Building Allowance
- Accelerated Capital Allowance for computers - use of computer and IT assets
- Special Tax Treatment for Gifts
- Duty Exemption on Machinery & Materials
- Pioneer status /Investment Tax Allowance
Agriculture
-
Pioneer Status or Investment Tax Allowance
-
Infrastructure allowance
-
Reinvestment allowance
-
Single deduction on pre-operating training expenses
-
Deduction on capital expenditure(agricultural allowance) for approved agricultural
projects
-
Double deduction incentives for research and development
-
Double deduction incentives for training
-
Double deduction for promotion of exports
-
Double deduction on export credit insurance premium
-
Tax exemption on the value of increased exports
-
Special tax treatment for gifts in cash
-
Duty exemption on machinery, equipment, raw materials & components for:
-
Tax deduction for the investor company, equivalent to the amount of investment made
in a 100% owned subsidiary company engaged in food production AND income tax exemption
for 10 years for the subsidiary company engaged in food production; OR
-
Investor company is given group relief for the losses incurred by the subsidiary
company which is owned 100% by the investor company AND income tax exemption for
10 years for the subsidiary company engaged in food production. (application to
be submitted by 31 December 2003)
-
Pioneer status/Investment tax allowance for companies providing cold chain facilities
and services for perishable local food products
-
Single deduction on expenses incurred for obtaining quality systems and halal certification
and accreditation
-
Accelerated Capital Allowance - use of environmental protection equipment - use
of computers and information technology assets - upon expiry of reinvestment allowance
only forcompanies that reinvest in production of promoted food items
Environment Protection Activity
-
Pioneer Status/Investment Tax Allowance for carrying out promoted product/activity
such as:
-
forest plantation project(strategic project);
-
recycling of agricultural waste or agricultural by-products, chemicals and reconstituted
wood-based panel boards or products;
-
storing, treating and disposing of dangerous toxic and hazardous waste;
-
energy conservation(application to be submitted by Dec 2002)
-
utilising biomass (application to be submitted by Dec 2002)
-
Infrastructure allowance
-
Single deduction for gifts in cash
-
Accelerated capital allowance for environmental protection equipment
-
Duty exemption on machinery, equipment & materials
Labuan IOFC
- Offshore companies in Labuan undertaking offshore business can elect to pay tax
at a rate of 3% from net profit; or pay RM20,000.
- Income of offshore companies from non-trading activities is not subjected to any
taxes
- Management and technical fees, interest and royalty paid by offshore companies to
non-residents or to other offshore companies are exempted from withholding tax.
- Dividend received by or from offshore companies is not subjected to income tax except
for dividend received from companies undertaking offshore business activities.
- All documents relating to business of offshore companies are not subjected to stamp
duty.
- Non citizen working in Labuan in the field of management who are engaged by offshore
companies are exempted from income tax on 50% of their gross income up to the year
of assessment 2004.
- Trust company is exempted from income tax on 65% of the statutory income for qualifying
services to an offshore company from YA 2000(current year) to YA 2004.