Following the previous post on Real Property Gains Tax (RPGT), this post aims to shed a spotlight on another field of transaction which will also attract RPGT- sale of shares in a Real Property Company (RPC). Generally, Malaysia does not charge any capital gains tax (neither does Malaysia have a CGT regime) on sale of… Continue reading Understanding RPGT 2: Real Property Companies
Unknown to most, the Income Tax Act 1967 is not the only piece of document that has the force of law. When determining the deductibility of expenses and whether income from a certain source is subject to tax, tax consultants (me) would refer to several places and with reference to various other documents to make… Continue reading The differences between Income Tax Act, Public Rulings and PU order
So I was just casually browsing the web when an article piqued my interest. ‘Bank can’t use exclusion clauses to escape liability, court rules’. This piqued my interest for several reasons. However, let me simply explain what is exclusion clause and what this ruling means.The word ‘exclusion clause’ would be familiar to law student. It… Continue reading Exclusion clause, a turning point ?
La Kaffa International Co Ltd v Loob Holdings Sdn Bhd and Another Franchise Law Franchising is simply defined as a tit for tat strategy where on one side it helps smaller companies to develop and prosper under the guidance of a bigger company while simultaneously allowing the bigger company to increase and expand their distribution.… Continue reading The Tea Tiff
The author discusses the case of CIMB Bank Berhad v AmBank Berhad & 2 Ors  5 MLJ 142. It is a Malaysian land law case on deferred indefeasibility, the position of chargees and the meaning of 'purchaser' in the National Land Code 1965 ('NLC'). To appreciate this article, the reader must have a basic… Continue reading Case comment: Of con men and chargees
In light of recent events, I thought this would be a good time to refresh and get relevant about Company Law and as the title suggests, shareholders’ rights in a company. Shareholders, being investors of the company, pour their money into a company in hopes to get a return on investment from the company so… Continue reading Protecting shareholders’ rights
My Civil Procedure lecturer would always say this: There are 2 things that are certain in this world– death and tax, even when you die, you still need to pay tax. Now, most of us would know that there are certain types of taxes we need to pay to the country i.e. Income tax, Goods… Continue reading Withholding tax 101