INCOME TAX ACT 1967 (ACT 53)
PART III - ASCERTAINMENT OF CHARGEABLE INCOME
Chapter 6 - Aggregate income and total income




Section 44. Total income.


(1) The total income of a person for a year of assessment (that person and year of assessment being in this section referred to as the relevant person and the relevant year respectively) shall consist of the amount of his aggregate income for the relevant year reduced-


[Am. Act 531:s.8; Am. Act 451:s.11; Am. Act 591:s.6]

[Subs. Act 531:s.8; Am. Act 557:s.10]

[Subs. Act 578:s.11]
(2) Subject to subsections (3) and (5), there shall be deducted pursuant to this subsection from the aggregate income of the relevant person for the relevant year the amount of any adjusted loss from a source of his for the basis period for the relevant year or, where there is an adjusted loss from each of two or more sources of his for the appropriate basis period for each source for the relevant year, the aggregate of the adjusted loss from each of those sources for its appropriate basis period for the relevant year.

(3) For the purposes of subsection (2), where in relation to a source the basis period for the relevant year overlaps the basis period for the immediately preceding year of assessment, the amount of the adjusted loss from that source for the basis period for the relevant year shall be taken to be reduced by a sum which bears the same proportion to that amount as the length of the period of the overlap bears to the length of the basis period for the relevant year and the amount of that loss as so reduced shall be taken to be the amount of the adjusted loss from that source for the basis period for the relevant year.
[Am. Act A226:s.18 ]
(4) Where the relevant person has no aggregate income for the relevant year, there shall be ascertained for the purposes of section 43 the amount of any adjusted loss from a source of his for the basis period for the relevant year or the aggregate of any adjusted loss from each of his sources for its appropriate basis period for the relevant year, as the case may be, which would have fallen to have been deducted pursuant to subsection (2) but for the absence of aggregate income.

(5) Where the amount referred to in subsection (4) exceeds the relevant person's aggregate income for the relevant year, so much of that amount as is equal to that aggregate income shall be deducted pursuant to subsection (2) and there shall be ascertained for the purposes of section 43 the amount of that excess.

(6) Subject to subsection (12) , there shall be deducted pursuant to this subsection from the aggregate income of a person for the relevant year reduced by any deduction falling to be made for that year in accordance with subsection (1), an amount equal to any gift of money made by him in the basis year for that year to the Government, a State Government, a local authority or an institution or organisation approved for the purposes of this section by the Director General on the application of the institution or organisation concerned.

[Ins. Act A429:s.4; Am. Act 451:s.11; Am. Act 608:s.8; Am. Act A1093:s.7]
Proviso - [Repealed by Am Act A 1093:s.7]

(6A) Subject to subsection (12) , there shall be deducted pursuant to this subsection from the aggregate income of a person for the relevant year reduced by any deduction falling to be made for that year in accordance with subsection (1), an amount equal to the value, as determined by the Department of Museum and Antiquities or the National Archives of any gift of artefact, manuscript or painting made by him in the basis year for that year to the Government or State Government.

[Ins. Act 557:10; Am. Act 578:11; Am. Act A1093:s.7]
(7) In subsection (6)-

"institution" means an institution in Malaysia which is not operated or conducted primarily for profit and which is-

[ Subs. Act 557:s.10]
"organisation" means an organisation in Malaysia which is not operated or conducted primarily for profit and which is-


[Ins. Act 476:s.7]
[Ins. Act 476:s.7]
[Ins. Act 476:s.7]

[Ins. Act 513:s.8; Am. Act 608:s.8]
[Ins. Act 608:s.8]
[Ins. Act 608:s.8]
[Ins. Act 608:s.8]
(7A) An institution or organisation referred to in subsection (7) -

[Ins. Act 608:s.8]
(7B) The reference to the carrying on of, or participation in, a business in paragraph (7A)(a) shall not include the carrying on of a business by an institution or organisation where-

[Ins. Act 608:s.8]

(8)
Subject to subsection (12) , there shall be deducted pursuant to this subsection from the aggregate income of a person to whom paragraph 34(6)(g) does not apply, for the relevant year reduced by any deduction for that year in accordance with subsection (1), an amount equal to any gift of money made by him in the basis year for that year, for the provision of library facilities which are accessible to the public and in respect of contributions to public libraries and libraries of schools and institutions of higher education, not exceeding twenty thousand ringgit.

[Ins. Act 531:s.8; Am. Act A1093:s.7]
(9) There shall be deducted pursuant to this subsection from the aggregate income of a relevant person who is an individual for the relevant year reduced by any deduction for that year in accordance with subsection (1) an amount equal to any gift of money or contribution in kind (the value to be determined by the relevant local authority) made by him in the basis year for that year for the provision of facilities in public places for the benefit of disabled persons.

[Ins. Act 578:s.11]
(10) There shall be deducted pursuant to this subsection from the aggregate income of a relevant person who is an individual for the relevant year reduced by any deduction for that year in accordance with subsection (1) an amount equal to any gift of money or the cost or value (as certified by the Ministry of Health) of any gift of medical equipment made by him in the basis year for that year to any healthcare facility approved by that Ministry, and that amount shall not exceed twenty thousand ringgit.

[Ins. Act 578:s.11]
(11) Subject to subsection (12) , there shall be deducted pursuant to this subsection from the aggregate income of a relevant person for the relevant year reduced by any deduction for that year in accordance with subsection (1) an amount equal to the value of any gift of painting (to be determined by the National Art Gallery or any state art gallery) made by him in the basis year for that year to the National Art Gallery or any state art gallery.

[Ins. Act 578:s.11; Am. Act A1093:s.7]
(12) In subsections (6) , (6A) , (8) and (11) , references to basis year in relation to a company only shall be construed as references to the basis period for the year of assessment of that company.

[Ins. Act A1093:s.7]
____________________________________________

[Shall have effect for the year of assessement 2004 and subsequent years of assessment]

(12) In subsections (6) , (6A) , (8) and (11) , references to basis year in relation to a company, trust body or co-operative society shall be construed as references to the basis period for the year of assessment of that company,trust body or co-operative society.

[Am. Act A1151:s.4]

Related reading:
[Act 531:s.8; Act 451:s.11; Act 591:s.6; Act 557:s.10; Act 578:s.11; Act A226:s.18; Act A429:s.4; Act 608:s.8;
Act 1093:s.7; Act 513:s.8]


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