INCOME TAX ACT 1967 (ACT 53) PART II - IMPOSITION AND GENERAL CHARACTERISTICS OF THE TAX
Section 6. Rates of tax.
(1) (a) Except where this subsection provides otherwise and subject to section 6A, income tax shall be charged for each year of assessment upon the chargeable income of every person for that year at the appropriate rate as specified in Part I of Schedule 1;
(b) subject to the provisions of section 109 but notwithstanding any other provisions of this Act, where-
(i) the income of a person not resident in Malaysia for the basis year for a year of assessment consists of interest (other than interest on an approved loan or interest of the kind referred to in paragraph 33 of Part I, Schedule 6) or royalty derived from Malaysia; or
(ii) the income of a person (other than a company) not resident in Malaysia for the basis year for a year of assessment consists of remuneration or other income in respect of services performed or rendered in Malaysia by a public entertainer,
income tax thereon shall be charged at the appropriate rate as specified in Part II of Schedule 1;
(c)(repealed by Act 451).
(d) income tax shall be charged for each year of assessment upon the chargeable income of every co-operative society for that year at the appropriate rate as specified in Part IV of Schedule 1;
(e) subject to the provisions of section 109B but notwithstanding any other provisions of this Act, income tax shall be charged for each year of assessment upon the income of a person charged under section 4A at the appropriate rate as specified under Part V of Schedule 1;
[Ins. Act 293:s.6]
(f) subject to the provisions of section 109c but notwithstanding any other provisions of this Act, income tax shall be charged for each year of assessment upon the income of an individual resident in Malaysia which consists of interest (other than interest exempt from tax under this Act or any order made thereto) accruing in or derived from Malaysia and received from a person referred to in subsection 109C(4) at the appropriate rate as specified under Part VI of Schedule 1;
[Ins. Act 323:s.7]
(g) (i) subject to subparagraph (ii), income tax shall be charged for each year of assessment upon the chargeable income of an approved operational headquarters company in relation to the source consisting of the provision of qualifying services at the appropriate rate as specified under Part VII of Schedule 1;
[Ins. Act 420:s.6]
(ii) the rate specified under Part VII of Schedule I shall apply only for a period of five years of assessment commencing from the year of assessment in the basis period in which the date of approval of the approved operational headquarters company falls:
Provided that where the Minister is satisfied that the company has by the end of the period met such requirements as may be specified by him at the time of approval, he may extend the period for a further period not exceeding five years of assessment;
[Ins. Act 420:s.6]
(h) income tax shall be charged for each year of assessment upon the chargeable income of a foreign fund management company in relation to the source consisting of the provision of fund management services to foreign investors for that year at the appropriate rate as specified in Part IX of Schedule 1.
[Ins. Act 544:s.4]
(2) The Minister, where he is satisfied that it is the intention of the Government to promote the introduction into the Dewan Rakyat of a Bill to vary in any particular way the rates of tax, may by statutory order declare those rates to be varied in that way; and, where he does so, then, subject to subsections (3) and (4), this Act shall have effect as if those rates as so varied had come into force at the beginning of the first year of assessment for which the Bill seeks to vary those rates.
(3) Every order made under subsection (2) shall be laid before the Dewan Rakyat as soon as may be after it has been made and shall cease to have effect-
(a) at the expiration of a period of three months (or such longer period as may be specified by resolution of the Dewan Rakyat) beginning on the date when the order was made; or
(b) on the coming into force (after the date when the order was made) of an Act varying the rates of tax,
whichever first occurs.
(4) Where an order made under subsection (2) ceases to have effect pursuant to subsection (3)-
(a) the amount of any tax which-
(i) has been charged by any assessment by reference to the order; and
(ii) is payable (whether or not it is due or due and payable) but not paid at the date when the order ceases to have effect,
shall be taken to be amended to the amount which would have been payable if the order had not been made; and
(b) so much of any tax paid by any person in consequence of the order as exceeds the tax payable under the law in force immediately after the date when the order ceases to have effect shall be repaid by the Director General if that person-
(i) makes a claim therefor in the prescribed form within one year after that date; and
(ii) furnishes to the Director General such further particulars of the claim as the Director General may require.
(5) In subsections (2) and (3) any reference to rates of tax includes a reference to the rate of any abatement specified under Schedule 1.