Malaysia gazettes Income Tax Holiday under Relocation of Manufacturing Business Incentive Scheme

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The Ministry of Finance (“MoF”) recently gazetted the Income Tax (Relocation of Manufacturing Business Incentive Scheme) Rules 2023 (PU(A) 241/2023). The scheme grants an exemption from Income Tax for up to 15 years of assessment (“YA”) on the chargeable income derived from qualifying manufacturing activities of companies with no existing manufacturing operations in Malaysia that relocate manufacturing facilities to Malaysia or intend to establish new manufacturing operations in Malaysia. 
      
The salient features of the scheme are set out below: 
  • A qualifying company is a new company, i.e. a company that: 
  1. is locally incorporated and a tax resident in Malaysia;
  2. does not have existing manufacturing operations in Malaysia; and
  3. intends to relocate a manufacturing facility for carrying on a manufacturing activity in Malaysia or has established a new operation to carry on a manufacturing activity in Malaysia. 
  • A written application must be received by the Malaysian Investment Development Authority (“MIDA”) between 1 July 2020 and 31 December 2024;
  • A qualifying company that applies for the incentive must adhere to the conditions specified in the approval letter, which include:
  1. A minimum investment amount in fixed assets excluding land within 3 years from the date of the first qualifying capital expenditure incurred amounting to 
  • MYR 300 miillion for approval of 10 YAs exemption; or 
  • More than MYR 500 million for approval of 15 YAs exemption; and
  • At least 80 % full-time Malaysian employees must be employed on or before the third year from the date of the first invoice in relation to the manufacturing activity issued by the qualifying company until the end of the specified YAs.

  • The Income Tax rate imposed on the chargeable income of the qualifying company for manufacturing activity will be 0 %

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