Laws of MALAYSIA Act 533 of the ACT PRINT Inland Revenue Board MALAYSIA 1995 Containing all amendments to 1 January 2009 is published by the Commissioner of law revision, under the AUTHORITY of Law Revision ACT 1968 2009 2 laws of Malaysia Act 533 of the ACT the Inland Revenue Board MALAYSIA 1995 date of Assent............ February 7, 1995 date of publication in the Gazette......... 16 February 1995 the Inland Revenue Board Malaysia 3 laws of MALAYSIA Act 533 of the ACT the Inland Revenue Board MALAYSIA 1995 arrangement of sections part i preliminary section 1. Short title and commencement 2. Interpretation part ii establishment of Inland Revenue 3. The establishment of Inland Revenue 4. Provision vesting provisions 5. Seal 6. Membership of Board 6a. Chief Executive Officer 7. Terms of Office 8. disqualified members 9. Revocation and resignation of members of the part iii functions and powers of the Board 10. Functions of the Board 10a. The Board may act as agent collection 11. Power Board 4 laws of Malaysia Act 533 of section 12. Appointment of Committee 13. Delegation of authority 14. Power of Minister to give directions and require information part iV provisions relating to Workers 15. use service 16. salaries, terms and conditions of service of government employees to be taken into account 17. Appointment of employees, agents and consultants other 18. Disciplinary 18a. 18B Disciplinary Committee. Disciplinary proceedings in respect of the Chief Executive Officer of 18c. Disciplinary Appeal Committee 18D. Termination of service in the public interest 18E. Certification by the Disciplinary Committee 18f. Opportunity to be heard 18g. Termination of service is not a dismissal 19. Continuation and completion of disciplinary proceedings 20. The imposition of a surcharge of 21. Protection from personal liability 22. Public servants part V financial provisions 23. The funds of the Board 24. Expenses and the preparation of the estimate of 25. Power to borrow 26. Grant of 27. Bank accounts and use of revenue 28. Investment Inland Revenue Board Malaysia 5 part Vi General section 29. No proceedings against the Board as an agent of the Government 30. Proceedings conducted by officers of the Board 31. the obligation to secrecy 32. Act statutory bodies (accounts and annual reports) 1980 33. Minister's power to amend the schedule of the second and third 34. Regulations first schedule second schedule of the third schedule of the 6 laws of Malaysia Act 533 of Inland Revenue Board Malaysia 7 laws of MALAYSIA Act 533 of the ACT the Inland Revenue Board MALAYSIA 1995 an act to establish and incorporating the Inland Revenue Board Malaysia, provide for its functions and powers and for matters connected therewith.
[March 1, 1996, P.U. (B) 76/1996]
Be it enacted by the Seri Paduka baginda yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan rakyat in Parliament assembled, and by the authority of the same, as follows: part i preliminary short title and commencement 1. (1) this Act may be cited as the Inland Revenue Board Act, 1995 Malaysia.
(2) this Act shall come into force on such date as the Minister may, by notification in the Gazette.
interpretation 2. In this Act, unless the context otherwise requires — "Member" means a member of the Board referred to under section 6;
"body" means the body corporate;
8 laws of Malaysia Act 533 "rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
"today the designation of" means the day upon which this Act comes into operation;
"property" includes all property, movable and immovable, and every estate, interest, isemen or right, whether in equity or at law within, to or from the property, right in the action, money and good name; and "vested", in relation to property, including the right of property of the future or contingent and rights for the reversion and excess;
"Chief Executive Officer" means the Chief Executive Officer appointed under section 6a (1) and includes any person appointed under subsection 6a (3);
"Director General" means the Director General of Inland Revenue referred to in section 134 of the income tax Act 1967 [Act 53];
"Fund" means the Fund established under section 23;
"Board" means the Inland Revenue Board Malaysia established under section 3;
"liability" means every type of liabilities, debts, liabilities, duties and obligations whether present or future, actual or contingent, and whether due or observed or implemented in Malaysia or elsewhere;
"Minister" means the Minister for the time being charged with the responsibility for finance;
"Chairman" means the Chairman of the Board and includes any Chairman of the Board while;
"vesting date" means the date upon which the property, rights and liabilities specified by the Minister in order under subsection 4 (1) for which the Malaysian Government is entitled or subject to it, dipindahmilikan and vested to the Board.
Inland Revenue Board Malaysia 9 part ii establishment of Inland Revenue Inland Revenue Board 3. Is hereby established a body corporate by the name "Inland Revenue Board Malaysia" a perpetual and have a common seal, and may be claimed and alleged on behalf of him and, subject to and for the purposes of this Act, may enter into contracts and acquire, purchase, take, hold and enjoy movable and immovable for every type and transfer rights, assign , return, refund, charge, charge, pledge, assign the mendemis, transfer possession of or otherwise disposing of, or use of, any property, movable or immovable or any interest that vest to the Board on terms it deems fit.
Provision vesting provisions 4. (1) subject to this Act, the Minister may, from time to time, by order published in the Gazette, specify a date and vesting date at that date all the property, rights or liabilities of the Government of Malaysia mentioned by the Minister in such order shall, by virtue of this Act, be transferred to and vested in the Board without whatsoever conveyancing, assignment or pemindahmilikan.
(2) every property vested by virtue of subsection (1) on the Board shall be vested in the Board with the title, estate or interest and similar holding as it vested or held immediately before the date of the vesting date.
(3) every right in action vested by virtue of subsection (1) the Board may, after the date of the vesting date, claimed through the suit, obtained or enforced by the Board in his own name and it shall not be necessary for the Board or the Government shall give notice to the person bound by the right in the action about the vesting provisions made by subsection (1).
10 laws of Malaysia Act 533 (4) every rights and liabilities vested by virtue of subsection (1) the Board may, on and after the vesting date, claimed through the suit, obtained or enforced by or against the Board in his own name and it shall not be necessary for the Board or the Government shall give notice to the person the rights or liabilities affected by vesting date under subsection (1).
(5) any legal proceedings pending by or against the Government of Malaysia in relation to any property, rights or liabilities transferred to and vested in the Board by virtue of subsection (1) may, on and after the vesting date, be continued by or against the Board.
(6) in the case of rights and liabilities arising under any loan which is vested in the Board on the date of vesting provisions, the Board may make any arrangement or agreement about such rights and liabilities with the Government of Malaysia or of any third party.
(7) on and after the vesting date, any agreement relating to any property, rights and liabilities transferred to and vested in the Board under subsection (1) that the Malaysian Government was party to it immediately before the date of vesting provisions that, whether in writing or not, and whether or not of a type that the rights and liabilities thereunder assignable by the Malaysian Government , shall have effect as if the Board had become a party to the agreement.
Seal 5. (1) the common seal shall contain any designs approved by the Board and such seal may, from time to time, be broken, changed, altered and made anew by the Board as it may deem fit.
(2) the seal shall be kept in the custody of the Chairman and shall be authenticated by any two members of the authorised generally or specifically by the Board for that purpose or by a member and Chairman.
Inland Revenue Board Malaysia 11 (3) all deeds, documents, and other instruments purporting to be sealed with the seal of the Corporation and are certified in accordance with subsection (2) shall, until proved otherwise, be deemed to have been validly executed.
(4) the common seal of the Board shall be recognized officially and judicially noticed.
Membership Of The Board 6. (1) the Board shall consist of the following members:
(a) the Secretary General of Treasury, who shall be the Chairman;
(b) the Attorney General or his representative; (c) the Director General of the public services or his representative; (d) not more than two other people representing the Government, who shall be appointed by the Minister; and (e) not more than two other persons who shall be appointed by the Minister.
(2) a member appointed under paragraph (1) (e) shall be from amongst persons who is or are experienced in matters financial, commercial, taxation or the law.
(3) (struck by A997 Act).
(4) if the Chairman is absent or unable to act due to illness or other reasons, the Minister shall appoint any member of the Board to be Chairman.
(5) the provisions of the first schedule shall apply to the Board.
Chief Executive Officer 6A. (1) the Minister shall, on the recommendation of the Board, appoint a Chief Executive Officer who shall be responsible for the daily administration of the Board.
12 laws of Malaysia Act 533 (2) the appointment of the Chief Executive Officer shall diberitahukan in the Gazette.
(3) if the Chief Executive Officer of temporarily helpless duties caused him pain or any other reason, another person may be appointed by the Minister to act in place of the Chief Executive Officer within the ketakdayaan.
Terms of Office 7. Subject to such terms as may be determined by the Minister, a member appointed under paragraph 6 (1) (d) or (e) shall hold office for a term of not more than three years and can be re-elected.
disqualified members 8. No one can continue to hold office as a member if he — (a) has been convicted of an offence involving fraud, dishonesty or moral turpitude;
(b) is not of unsound mind or otherwise unable to meet its obligations;
(c) sentenced to bankrupt; or (d) not presenting himself for Board meetings three times in a row without the permission of the Chairman.
Revocation and resignation of members 9. (1) the Minister may, at any time, revoke the appointment of any member appointed under paragraph 6 (1) (d) or (e) without giving any reason therefor.
(2) any member appointed under paragraph 6 (1) (d) or (e) may at any time resign his Office by notice in writing to the Minister.
Inland Revenue Board Malaysia 13 part iii functions and powers of the Board the Board 10. Function of the Board is — (a) to act as agents of the Government and serve in administration, assessment, collection and enforcement of the income tax payment, petroleum income tax, real property gains tax, estate duty, stamp duty and any other taxes as agreed between the Government with the Board;
(b) to advise the Government on matters relating to taxation and to contact the Ministry and appropriate statutory bodies on the matter;
(c) to participate in or outside Malaysia in respect of matters relating to taxation; and (d) to undertake any other functions given to the Board by any other written law.
The Board may act as the agent of the collection of 10A. (1) Notwithstanding section 10, the Board can act as an agent for collection and on behalf of any body to obtain a loan to be paid back to that body under any written law.
(2) for the purposes of this section the Minister may, from time to time, give directions and make regulations relating to the collection of the refund.
Power Board 11. (1) the Board shall have the power to carry out everything necessary or appropriate done for or in connection with the performance of its functions.
14 laws of Malaysia Act 533 (2) without prejudice to the generality of subsection (1), the powers of the Board shall include power — (a) enter into contracts;
(b) using all the property of the Board, move and immovable, in the manner deemed expedient by the Board include obtaining a loan with charge of the property;
(c) engage in any activity, whether or or along with other organizations, or international agencies, to promote a better understanding of taxation;
(d) providing advice or technical assistance, including training facilities to the tax authorities of other countries;
(e) impose fees or charges for the services provided by the Board;
(f) provide loans to employees of the Board for any purpose specifically approved by the Board;
(g) providing recreational facilities and promote recreational activities for, and activities beneficial to, employee welfare board;
(h) provide training for employees of the Board and provide scholarships or otherwise finance the training; and (i) to do anything incidental to any of its powers.
(3) for the avoidance of doubt shall not include power Power Board Director-General or a person who holds any post in the third schedule.
The appointment of the Committee 12. (1) for the purposes of its functions, the Board may establish if it considers necessary, any Committee and any terms of reference specified.
(2) members of the Committee established under subsection (1) may be appointed from among the members of the Board or any other person deemed eligible by the Board.
Inland Revenue Board Malaysia 15 (3) the person is disqualified from being a member of the Board under section 8 is also not eligible to be a member of a Committee.
(4) a member of a Committee shall hold office for such period as may be specified in the letter of appointment and shall be eligible for re-election.
(5) the Board may revoke the appointment of any member of a Committee without assigning any reason therefor.
(6) a member of a Committee may at any time resign by giving notice in writing to the Chairman of the Board.
(7) a member of the Committee may be paid such allowances of the money Board as determined by the Board after consultation with the Minister.
Delegation of powers 13. (1) the Board may delegate to any Committee established under section 12, any of its functions as it regards necessary or required.
(2) any function delegated under this section — (a) may be represented as such subject to such conditions or restrictions as are applicable generally or specially by the Board;
(b) shall be carried out by the Committee in the name of and on behalf of the Board.
(3) no delegation made under this section shall prevent the Board from exercising or performing at any time any of the functions so delegated.
Power of Minister to give directions and require information 14. (1) the Minister may notify the Board of any direction of a General in accordance with this Act in relation to the 16 laws of Malaysia Act 533 implementation of the functions of the Board and the Board shall give effect to all such instructions.
(2) the Board shall give the Minister such statements, accounts and other information as may be required from time to time.
part iV provisions relating to Employee Use Services 15. (1) the Board shall on the day of the determination of admission into the use out of every person who immediately before that date is in use the service or services the Inland Revenue Board Malaysia, and which options have been granted by the Malaysian Government and has taken an option to serve as an employee of the Board.
(2) every such person who took the option under subsection (1) to serve as an employee of the Board shall use the services by the Board upon the terms and conditions of service no less favourable than the terms and conditions of service to which he is entitled to immediately before the date mentioned in subsection (1).
(3) until such time that the terms and conditions of service including conduct and discipline its employees drafted by the Board, the scheme and terms and conditions of service including the conduct and discipline of government employees shall apply mutatis mutandis to the next every person who used services by the Board under subsection (1).
Salaries, terms and conditions of service of government employees to be taken into consideration 16. (1) the terms and conditions developed by the Board shall take into account the salaries and terms and conditions of service, including any right accrued leave, enjoyed by people during use government services before taking the option to enter to the service of the Board; and any term or the Inland Revenue Board Malaysia 17 condition relating to length of service with the Board shall make provisions for recognition of service with the Government by the person who made that option as their service with the Board.
(2) if any person in the service of the Board that his case is not included in the scope of any pension or other schemes established under this section retires or dies while in the service of the Board or discharged from the service, the Board may give to him or to any other person or persons become dependent wholly or in part, as the Board may think fit, any remuneration or allowance as determined by the Board.
Appointment of employees, agents and consultants other
17. (1) Subject to any regulations that may be made under section 18 and 34, the Board may, from time to time appoint and use services on such terms and conditions as the Board may think fit any other employees as may be necessary for carrying out the purposes of this Act.
(2) the Board may appoint and employ the services of any consultants and agents to carry out any business or do any act which are required to be carried out or performed on its functions or to implement better the purposes of this Act.
Discipline 18. (1) the Disciplinary Board shall have power over all its employees and shall exercise disciplinary control in respect of all such persons.
(2) the Board may, with the approval of the Minister, make regulations with respect to discipline employees.
(3) the disciplinary regulations made under this section — (a) may establish a disciplinary offence;
18 laws of Malaysia Act 533 (b) may provide for any disciplinary punishment as he thinks fit by the Board and the sentence may include — (i) a warning; (ii) a fine; (iii) forfeiture emoluments; (iv) delay salary movement; (v) reduction of salary; (vi) demotion; and (vii) dispose of work; (c) shall give to an employee against whom the disciplinary proceeding taken the opportunity to make representations against the disciplinary charge made against him before the decision was reached by the Disciplinary Committee, except in the case of the following: (i) where an employee is dismissed or lowered rank on the ground of improper conduct in respect of which a criminal charge has been proved against him;
(ii) if the Board, on the recommendation of the Minister charged with the responsibility for internal security, is satisfied that in the interest of the security of Malaysia or any part thereof, is not expedient to carry out the requirements of this paragraph; or (iii) if there has been — (A) made against an employee any detention order, supervision, residential limited, banishment or expulsion; or (b) is imposed on an employee any form of restriction or supervision by bond or otherwise, under any law relating to the security of Malaysia or any part thereof, crime prevention, preventive detention, residential limited, banishment, immigration or protection of women and girls or child protection;
Inland Revenue Board Malaysia 19 (d) may provide for the retention of work reduction emoluments of an employee while waiting for the completion of criminal proceedings or disciplinary proceedings against him for the purpose of clear work or demotion;
(e) may provide for suspension of the work without the emoluments of an employee — (i) if the worker has been convicted by a criminal court; or (ii) where an order of detention or restriction imposed on the worker; and (f) may provide for the procedures of the hearing of an appeal by the disciplinary Appeal Committee established under section 18c.
The Disciplinary Committee 18A. (1) the Board may establish different Disciplinary Committee for different categories of employees.
(2) the following shall apply to a Disciplinary Committee: (a) a Disciplinary Committee shall consist of such number of members or employees of the Board, or any combination of Member or employee; and (b) an employee who becomes a member of a Disciplinary Committee shall not be lower than meteoric an employee Disciplinary Committee on which he sits has disciplinary powers.
(3) a Disciplinary Committee shall exercise its powers in all matters relating to discipline employees who are placed under its jurisdiction.
(4) in the exercise of its functions and powers, a Disciplinary Committee shall have the authority to take disciplinary action and impose any disciplinary punishment or any combination of two disciplinary punishment or over 20 laws of Malaysia Act 533 as provided under any disciplinary rules made under section 18.
Disciplinary proceedings in respect of the Chief Executive Officer of 18b. (1) Disciplinary Committee in respect of the Chief Executive Officer shall consist of the Chairman of the Board as the Chairman and two members of the Board are appointed by the Chairman of the Board.
(2) Disciplinary Committee established under subsection (1) shall have the power to conduct disciplinary proceedings against Chief Executive Officer in accordance with any disciplinary regulations made under section 18 and may make any recommendations to the Minister on the sanction to be imposed on or any other action may be taken against the Chief Executive Officer.
(3) the decision of the Minister under subsection (2) shall be final.
Disciplinary Appeal Committee 18c. (1) a Disciplinary Committee decision referred to in section 18a can appeal Disciplinary Appeal Committee which shall consist of the following members: (a) the Chairman of the Board, who shall be the Chairman of the Disciplinary appeal and shall have a casting vote; and (b) two other members of the Board, which is not a member of the Disciplinary Committee whose decision is the matter of the appeal, which shall be appointed by the Chairman of the disciplinary Appeal Committee with the approval of the Board for the purposes of the appeal.
(2) when the disciplinary Appeal Committee to consider an appeal, members of the Disciplinary Committee appealed against may not be present on or in any way participate in any proceedings in respect of the appeal.
Inland Revenue Board Malaysia 21 (3) the disciplinary Appeal Committee may confirm, reverse, vary the decision of the Disciplinary Committee or send back the case to the Disciplinary Committee for adoption again.
Termination of service in the public interest 18d. (1) where the Board found or if the representations made to the Board that is desirable service of an employee is terminated in the public interest, then the Board may direct the senior officers to the employee against whom the representation is made to submit to the Board a complete report which shall contain such particulars in relation to work and the conduct of the employee, and the head of the officer.
(2) where, after considering the report submitted under subsection (1), the Board is satisfied that having regard to the terms of service, work, conduct and usefulness of the worker and all other circumstances of the case it is desirable in the public interest to do so, the Board may terminate the service of that employee from the date of which shall be determined by the Board.
Certification by the Disciplinary Committee of the 18e. (1) is valid in law for a Disciplinary Committee to recommend to the Board so that the service of an employee who is on the Committee's exercise of disciplinary termination in the public interest even though there are no disciplinary proceedings were conducted under this Act.
(2) a certificate to the Board under subsection (1) shall be accompanied by a full report about the grounds on which the certificate was founded.
(3) the Board may direct the senior officers to the employee referred to in subsection (1) to submit any additional information to the Board in respect of the worker as required by the Board.
22 laws of Malaysia Act 533 (4) where, after considering the report submitted under subsection (2) and any additional information submitted under subsection (3) the Board is satisfied that, taking into account the conditions of service, work, conduct and usefulness of the worker and all other circumstances of the case, it is desirable in the public interest to do so, the Board may terminate the service of that employee from the date of which shall be determined by the Board.
Opportunity to be heard 18f. Notwithstanding anything in this Act and any other laws to the contrary, before the Board made a decision under section 18D or 18E to terminate the service of an employee, the Board shall give the employee an opportunity to be heard.
Termination of service is not a dismissal 18g. Termination of service of an employee under section 18D or 18E is not and cannot be regarded as a dismissal even though the termination involves an element of sanction in relation to conduct in relation to his Office which is considered by the Board as unsatisfactory or should be blamed.
Continuation and completion of disciplinary proceedings 19. (1) If on the day of the appointment of any disciplinary proceedings have not been disconnected or exist against any employee of the Government who have taken options entered service of the Board, the proceedings shall be continued and completed by the Board.
(2) an order, decision or direction made or given by the Committee pursuant to this section shall be deemed to be an order, decision or direction of the Board and have effect or the same effect as if it had been made or given by the Board in accordance with the powers vested in the Board under this Act.
Inland Revenue Board Malaysia 23 imposition of surcharge 20. (1) where the Board is satisfied that any person who is or was attached to the Board —
(a) be responsible or have been responsible for any payment of money by should not be out of the Fund or for any payment of the money which is not supported with accordingly;
(aa) are not or were not collecting any monies owing to the Board for pemungutannya she is or has been entrusted;
(b) be responsible or have been responsible for any deficiency in, or for destruction, any money, securities, goods or other property of the Board;
(c) that became or was the accounting officers, are not or have not keep proper records or account; or (d) has not made any payments, or responsible or liable for any delay in payment, will the money of the Board to any person to whom the payment payable under any contract, per janj ian or arrangements d ibua t an ta ra o rang i tu and the Board, and if satisfactory explanation is not presented to the Board within the period specified by the Board , with respect to the failure to collect, the payment should not be, the payment of which is not supported properly, lack of or destruction of, or failure to keep proper records or accounts, or failure to make a payment, or delay in making payment, then the Board may impose a surcharge against that person a sum of money not exceeding that amount for any amount not collected, any payments, lack of, or loss or the value of assets destroyed , as the case may be; and with respect to the failure to keep proper records or accounts, or failure to make a payment, or delay in making payment, the Board may impose a surcharge against that person a sum of money as the Board may think fit.
24 laws of Malaysia Act 533 (2) the Board shall cause the Chief Executive Officer be notified of any surcharge made under subsection (1) and the Chief Executive Officer shall thereupon notify the person who disurcaj it.
(3) the Board may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if otherwise it appears that there are surcharges should be made, the Board shall forthwith cause the Chief Executive Officer be notified of the withdrawal.
(4) the amount of any surcharge imposed under subsection (1) and not withdrawn under subsection (3) shall be a debt due to the Board by the person against whom the surcharges are applicable and may be prosecuted and recoverable in any court in the suit by the Board and can be recovered through a deduction — (a) from the salary of the person who disurcaj if the Board directs such; or (b) the pension of people who disurcaj if the Board so directs, by instalments the monthly equivalent of not more than one quarter of the total salary or monthly pension of that person, as the case may be.
Protection from personal liability 21. No suit or other legal proceeding shall be liable independently of any Member, officer or employee of the Board or any other person under the direction of the Board for anything done or intended to be done in good faith in the execution or in the form of the implementation of this Act.
Public servants 22. All members of the Board or any of its committees and all the officer, employee or agent of the Board shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Inland Revenue Board Malaysia 25 part V financial provisions Fund Board 23. (1) is hereby established, for the purposes of this Act, a fund that will be administered and controlled by the Board.
(2) the Fund Board shall include — (a) all moneys received by the Board for services rendered by the Board to the Government as agent or for services rendered by the Board to any person;
(b) all moneys received by the Board through granting;
(c) all moneys derived from the disposal, lease or rental, or any other arrangement, any property vested in or acquired by the Board;
(d) all money generated as income from investment of the Board;
(e) all moneys borrowed by the Board under this Act; and (f) all other moneys lawfully received by the Board.
Expenditure and preparation of estimates 24. (1) the expenditure of the Board to the extent of any amount that may be authorized by the Minister for any year shall be paid out of the Fund.
(2) before the start of the year, the Board shall submit to the Minister an estimate of expenditure for the following year in such form and contain such particulars as may be directed by the Minister, and the Minister shall before the beginning of the next year, told the Board the amount authorised for expenditure overall or the amount allowed for each description of expenditure.
26 laws of Malaysia Act 533 (3) the Board may at any time submit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any part of the additional expenditure included in it.
Power to borrow 25. The Board may, from time to time for the purposes of this Act, obtain a loan from the Government or with the consent of the Minister, than any other source.
Grant of 26. for the purpose of enabling the Board to discharge its functions under this Act, the Minister may, from time to time, provide assistance-through-giving to the Board a sum of money as may be determined by the Minister of money allocated by Parliament.
Bank accounts and use of revenue 27. (1) the Board shall open and operate an account or accounts with any bank or banks as the Board may think fit; and every such account shall operate, to the extent that can be practiced, with a check signed by any person or persons who may, from time to time, authorized by the Board.
(2) money Board shall be used only for the payment of relief expenditures, obligations and liabilities of the Board and to make any payments which the Board is empowered or required to pay.
28 investment. The Board may, with the approval of the Minister, invest any of the money available for investment in the following ways: (a) by storing into — (i) bank Negara Malaysia;
Inland Revenue Board Malaysia 27 (ii) the bank duly licensed under the banking and financial institutions Act 1989 [Act 372]; or (iii) any other financial institutions duly licensed under the banking and financial institutions Act 1989;
(b) by investing in the form of bonds, mortgage paper, commercial paper money, penyetujuan bank, money market paper, certificate of deposits and bills of Exchange and promissory note within the meaning of the Bills of Exchange Act 1949 [Act 204];
(c) by investing in accordance with provisions of the Trustee Act 1949 [Act 208]: provided, however, if the Board invests in or on the title to the immovable property in Malaysia in accordance with paragraph 4 (1) (c) Trustee Act 1949, immovable property that may or may not produce any income at the time of the investment.
part Vi General No proceedings against the Board as Government agents 29. (1) no action or legal proceedings may be taken against the Board in respect of any matter relating to any tax Board acts as an agent of the Government.
(2) any action or legal proceedings in respect of any matter relating to taxation shall be instituted by or against the Government.
Proceedings conducted by officers of the Board 30. (1) Proceedings in respect of any offence under this Act or any regulations made thereunder or any Act specified in the second schedule or any subsidiary legislation made under any such Act may with the consent of the public prosecutor 28 laws of Malaysia Act 533 conducted by officers of the Board authorized to handle such proceedings by the Director General.
(2) Notwithstanding any other provision of law, a legal officer as defined in the Government Proceedings Act 1956 [Act 359] or a legal officer of the Board has been admitted as a barrister and solicitor under the legal profession Act 1976 [Act 166] can be present in any civil proceedings involving the Board or any person holding any Office specified in the third schedule of the implementation of its functions under any law specified , and may make and do all such acts and applications in respect of such proceedings on behalf of the Board or such person, as the case may be.
The obligation to keep secrets
31. (1) Save as otherwise provided in this Act or for the purpose of any civil or criminal proceedings under any law, no Member, officer, employee or agent of the Board, whether in the perjawatannya period, or in the time use his services or after it, and no one else who has anything regarding any access whatsoever information or document relating to the Affairs of the Board may give , open, disclose or otherwise disclose the information or document to any person.
(2) any person who contravenes subsection (1) commits an offence and shall, if convicted, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Act statutory bodies (accounts and annual reports) 1980 32. Provisions of the Act statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply to the Board.
Inland Revenue Board Malaysia 29 Minister's power to amend the second and third Schedule 33. The Minister may, by order published in the Gazette, amend the schedule of the second and third.
Regulations 34. (1) the Board may with the approval of the Minister, make such regulations as may be expedient or necessary for carrying out the purposes of this Act.
(2) without prejudice to the generality of subsection (1), the Board may make regulations for or of all or any of the following: (a) the methods of appointment, and the terms and conditions of service of officers and employees of the Board;
(b) the payment of remuneration and other benefits to officers and employees of the Board; and (c) the fees or charges imposed in respect of anything done under or by virtue of this Act.
The first schedule [Subsection 6 (5)] Proceedings of the Board meetings of the Board 1. (1) the Board shall meet for expediting its conduct at least once a month at a time and place determined by the Chairman from time to time.
(2) At every meeting of the Board, four members shall form a quorum.
(3) a decision of the Board shall be adopted by the majority of the ordinary members present and voting, except in the case of equality of votes, the Chairman shall give a casting vote in addition to his original vote.
30 laws of Malaysia Act 533 disclosure of interest by members of the 2. (1) a member of the Board by any means, directly or indirectly, has an interest in any transaction or project, the Board shall disclose the type of his interest at a meeting of the Board; and the disclosure shall be recorded in the minutes of the meeting and the members cannot take part in any deliberation or decision of the Board with respect to the transaction or the project.
(2) for the purposes of determining whether a quorum of sufficient, a member shall be deemed to be present at a meeting of even under subparagraph (1) he shall not vote or has withdrew from the meeting.
Void 3. The Board may act notwithstanding any vacancy in the membership.
Procedure 4. (1) subject to the provisions of this Act, the Board may make rules to regulate its own procedure in General and, in particular, regarding procurement and meeting proceedings, notice will be given of the meeting, the Organization of minutes and the custody, production and inspection of such minutes.
(2) any minutes made of meetings of the Board or the Committee, if duly signed by the Chairman, shall, in any legal proceedings, accepted as evidence of the facts stated therein and every meeting of the Board or Committee of the minitnya made such proceedings shall be deemed to have been duly founded and held and all members in the meeting was duly qualified to act.
The validity of the proceedings 5. The validity of any proceedings of the Board shall not be affected by any breach of paragraph 2 by any member.
The Board may invite others to meetings 6. The Board may invite any person to attend any meeting or deliberation of the Board for the purpose of advising it on any matter under discussion, but any person so attending shall is shall not be entitled to vote at the meeting or deliberation.
Inland Revenue Board Malaysia 31 allowance may be paid to members of the Board 7. Member of the Board and any other person invited to attend any meeting of the Board may be paid such allowances of the money Board as determined by the Minister.
Second Schedule [Subsection 30 (1)] of the ACT set out 1. The income tax Act 1967.
* 2. Additional Income Tax Act 1967 [Act 54].
3. Real property gains tax Act 1976 [Act 169].
4. Promotion of investments Act 1986 [Act 327].
* * 5. Traditional Estate Duty Act 1941 [En. 7 1941].
6. Stamp Act 1949 [Act 378].
7. Act Petroleum (income tax) 1967 [Act 543].
***8. Act of rental Duty Cinematographic Film 1965 [Act 434].
9. The offshore business activity Tax Act 1990 Labuan [Act 445].
† 10. Share Transfer Tax Act (land-based Companies) Act 1984 [Act 310].
† † 11. Land Speculation Tax Act 1974 [Act 126].
12. The Finance Act 1965 [No. 2 of 1965]. † † † 13. Investment Incentive Act 1968 [Act 199].
14. Betting Duty Act and restore Tagan 1948 [Act 201].
* NOTE — Supplementary Income Tax Act 1967 [Act 54] has been repealed by the Finance Act 1993 [Act 497] — see section 16 of the Act 497. ** The ENTRIES — Traditional property Duty Act 1941 [En. 7 1941] was repealed by the Finance Act 1992 [Act 476] — see subsection 46 (1) of the 476. POSTINGS — Cinematographic Film Hire Duty Act 1965 [Act 434] has been repealed by the Finance Act 1997 [Act 557] — see section 557 Act 61. † ENTRIES — Share Transfer Tax Act (land-based Companies) Act 1984 [Act 310] has been repealed by the Finance Act 1988 [Act 364] — see section 26 Act 364. † † ENTRIES — Land Speculation Tax Act 1974 [Act 126] was repealed by the real property gains tax Act 1976 [Act 169] — see section 59 of Act 169. † † † ENTRIES — Investment Incentive Act 1968 [Act 199] has now been removed by the promotion of investments Act 1986 [Act 327] — see section 44 of the Act 327.
32 laws of Malaysia Act 533 third schedule [Subsection 11 (3) and 30 (2)] the position disclosed 1. The Director General of Inland Revenue under the income tax Act 1967.
2. The Director-General of Inland Revenue under the income tax act Additional 1967.
3. the collector of stamp duty under the stamp Act 1949.
4. Collector of Traditional Estate Duty under the enactment property Duty Pesaka 1941.
5. Chief Komtroller of Inland Revenue under the Petroleum (income tax) in 1967.
6. The Director-General of Inland Revenue under the Cinematographic Film Rental Duty 1965.
7. The Director-General of Inland Revenue under the real property gains tax Act 1976.
8. The Director-General of Inland Revenue under the Labuan Offshore business activity tax in 1990.
9. The Director-General of Inland Revenue under the promotion of investments Act 1986.
10. The Director-General of Inland Revenue under the Share Transfer Tax (land-based Companies) 1984.
11. The Director-General of Inland Revenue Tax Act 1974 Land Speculation.
12. Komtroller-General of Inland Revenue under the Finance Act 1965 (No. 2/1965).
13. the collector of stamp duty under the Betting Duty and Take Tagan 1948.
Inland Revenue Board Malaysia 33 laws of MALAYSIA Act 533 of the ACT the Inland Revenue Board MALAYSIA 1995 List amendment of laws that amend the short title of the Act in force Act A997 Inland Revenue Board of Malaysia (Amendment) 1997 01-08-1997 A1020 Act Act, Inland Revenue Board of Malaysia (Amendment) 1998 20-03-1998 A1301 Act Act, Inland Revenue Board of Malaysia (Amendment) 2007 06-09-2007 34 laws of Malaysia Act 533 laws of MALAYSIA Act 533 of the ACT the Inland Revenue Board MALAYSIA 1995 amended Section List
Power to amend section in force from 2 Act A997 A1020 Act 01-08-1997 20-03-1998 6 A997 Act 01-08-1997 6a A997 Act 01-08-1997 7 A997 Act 01-08-1997 9 A997 Act 01-08-1997 10a A1020 Act 20-03-1998 12 Act A1301 06-09-2007 18 Act A1301 06-09-2007 18a Act A1301 06-09-2007 18B Act A1301 06-09-2007 18c Act A1301 06-09-2007 18D Act A1301 06-09-2007 18E Act A1301 06-09-2007 18f Act A1301 06-09-2007 18g Act A1301 06-09-2007 20 Act A997 A1301 Act 01-08-1997 06-09-2007 30 A997 Act 01-08-1997 the second table Act A997 01-08-1997 third schedule A997 Act 01-08-1997 PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR on BEHALF and by ORDER of the GOVERNMENT of MALAYSIA jw513280