(1) Where a business is carried on by a partnership-
[Am. Act A226:s.27]
(a) that precedent partner, that is to say, the partner who, being an acting partner present in Malaysia-
(i) is first named in the partnership agreement; or
(ii) if there is no partnership agreement, is specified by name or initial singly or with precedence to the other partners in the usual name of the firm; or
(b) if no acting partner is present in Malaysia, any attorney, agent, manager or factor of the partnership in Malaysia,
shall, when required by the Director General by notice in writing to do so for a year of assessment within a time specified in the notice (not being less than thirty days from the date of service of the notice), make a partnership return or returns of income in the prescribed form; and, where the person to be so required has not been so required within three months after the beginning of that year to make such a return or returns for that year, he shall within fourteen days after the expiration of that period make that return or returns without being required to do so.
(2) If a partnership has been dissolved as to all its partners, this section shall continue to apply in relation to the dissolved partnership, and those persons who were partners of the partnership immediately before the dissolution shall be deemed to continue to be partners for the purposes of this section.
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[Shall have effect for the year of assessement 2004 and subsequent years of assessment]
Return by partner-ship.
(1) Where a business is carried on by a partnership —
(a) the precedent partner, that is to say, the partner who, being an acting partner present in Malaysia —
(i) is first named in the partnership agreement; or
(ii) if there is no partnership agreement, is specified by name or initial singly or with precedence to the other partners in the usual name of the firm; or
(b) if no acting partner is present in Malaysia,any attorney,agent,manager or factor of the partnership in Malaysia,
shall for each year of assessment furnish to the Director General a return in the prescribed form not later than 30 April in the year following that year of assessment.
(2) For the purposes of subsection (1), a return for a year of assessment shall —
(a) specify the divisible income or the divisible loss as ascertained under the appropriate provisions of sections 55, 56, 57, 58 and 59 in relation to the partnership for that year;
(b) contain such information as is necessary to determine the statutory income from all sources of the partners of the partnership; and
(c) contain such other information as may be required by the Director General.
(3) If a partnership has been dissolved as to all its partners, this section shall continue to apply in relation to the dissolved partnership, and those persons who were partners of the partnership immediately before the dissolution shall be deemed to continue to be partners for the purposes of this section.
