Earning Stripping Rules Part 2 of 2
eKTP 112
Earnings stripping rules to replace the proposed thin capitalization rules
Thin capitalization provisions were supposed to have been introduced into the Income Tax Act (ITA) with effect from 1 January 2009 but was deferred up to 31st December 2017.
However, the Thin Capitalization rules was never implemented in Malaysia. With effect from 1 January 2018, it is proposed that Earning Stripping Rules (“ESR”) be implemented with the introduction of Section 140C.
Earning Stripping Rules - (ESR)
The rules will apply to business source income only, ESR is applicable to cross-border related party financial assistance only. Under ESR, the interest deduction will be limited to a fix ratio at between 10% -30% (to be determined by IRB) of the company's profit before Interest, Tax, Depreciation and Amortization (“Tax-EBITDA”).
Tax – EBITDA is computed as follows:
Tax – EBITDA = Adjusted Business Income + Qualifying Deductions (e.g., double deduction) + Interest Expenses claimed in business Income.;
Interest in excess of the prescribed ratio will not be deductible in the year it is incurred.
The proposed de minimis threshold is RM 500,000 (it remains to be seen whether the suggested threshold of RM 500,000 will be applied,)
Some entities such as financial institutions and Labuan entities may be excluded from the rules;
The types of interest expense under ESR would include interest on all forms of debts.
It would also include other financial payments that are economically equivalent to interest, but would not include expenses incurred in connection with the cost of raising of finance.
Archive
- December 2024
- November 2024
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- November 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016