Tax Deduction on Payment to Release Bumi Lot

Tax Deduction on Payment to Release Bumi Lot

Do you know there are 6 deciding case law in high court from 2020 to 2021 on the tax appeal regarding payment to release bumi lot.

Today we cover one recent Court of Appeal case namely DIRECTOR GENERAL OF INLAND REVENUE vs TAMAN EQUINE (M) SDN BHD which overturn High Court decision.

Lesson from Tax Case:

The tax treatment of application expenses incurred to release the Bumiputera quota units by a housing developer.

Background information

Taman Equine (M) Sdn Bhd (The Company) is a housing developer.

The Company has incurred expenses to apply to State Government to release the Bumiputera quota units.

Tax Issue:

Are expenses incurred for the release of the Bumiputera quote units allowable for tax deduction?

The Company’s opinion:

The application of the release the Bumiputera quota units is necessary else the Company would not be able to generate its income. Thus, the expenses incurred for the business expenses under section 33(1) ITA 1967.

IRB argument:

The expenditures in question were not eligible for deduction under Section 33(1) of the ITA for the following reasons:

a) the cost incurred is a penalty in nature and

b) not wholly and exclusively incurred for the purpose of producing the gross income.

The decision by The Court of Appeal

The Company expenses were not allowed for deduction due to the following reason:

a) the nature of the payment is a penalty for breach of a condition imposed by the State Government.

b) it does not form part of the taxpayer’s income-producing activity.

c) the expenses incurred are for the purpose of bringing into existence an advantage in terms of procuring permission/consent from the state authority for the permanent benefit of the business

d) it is capital in nature and prohibited under section 39(1) ITA 1967.

Source:

https://phl.hasil.gov.my/pdf/pdfam/KPHDN_v_TAMAN_EQUINE_17062022.pdf

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