(Office) How to Improve Tax Knowledge Based on My Experience Part 1

(Office) How to Improve Tax Knowledge Based on My Experience Part 1

As a licensed tax agent in Malaysia, it’s crucial for our tax juniors to master the skill of researching and applying tax cases.

Understanding how to dissect and analyze case law will enhance your ability to provide accurate and comprehensive tax advice.

Here’s a structured approach to help you navigate through tax cases effectively.

Key Components of Case Law

1. Case Citation

Description: This includes the name of the case, the year it was decided, the court, and the case number.

Example: “ABC Sdn Bhd v. Director General of Inland Revenue [2022] MYHC 1234.”

2. Facts of the Case

Description: A summary of the relevant facts that led to the tax dispute. This sets the context for the issues at hand.

Tip: Focus on the financial transactions, events, or business activities that triggered the tax issue.

3. Issues

Description: The specific legal questions or issues that the court needs to resolve.

Example: “Whether the expenses incurred by ABC Sdn Bhd are deductible under Section 33 of the Income Tax Act 1967.”

4. Arguments of the Parties

Description: The contentions and legal principles put forth by both the taxpayer and the Inland Revenue Board (IRB).

Tip: Pay attention to the precedents and statutes each party relies on.

5. Judgment

Description: The court’s decision, including the reasoning behind it.

Tip: Note how the court applied the law to the facts of the case.

6. Ratio Decidendi

Description: The legal principle or rule of law on which the decision is based.

Importance: This is the binding part of the judgment that must be followed in future similar cases.

7. Obiter Dicta

Description: Comments made by the judge that are not essential to the decision.

Tip: These may provide useful insights and persuasive arguments for other cases, though they are not binding.

8. Outcome

Description: The final decision or order of the court.

Example: “The appeal by ABC Sdn Bhd was allowed, and the assessment by the IRB was set aside.”

9. Legal Principles

Description: The relevant legal principles and statutes involved in the case.

Tip: This helps you understand how specific provisions of the law are interpreted and applied.

Remember, while reading long tax cases may seem tedious, the knowledge you gain will significantly enhance your expertise and professional competence.

PS : Authored by Mr Koh Teck Peng, the group pincipal, in his personal LinkedIn https://bit.ly/3WCywTr

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