INCOME TAX ACT 1967 (ACT 53) PART X - SUPPLEMENTAL Chapter 3- Miscellaneous
Section 153. Restriction on persons holding themselves out as tax agents, tax consultants, etc.
[Subs. Act 451: s.23]
(1) No person holding himself out as a tax agent, a tax consultant or a tax adviser (or under any other like description) shall be permitted to act in Malaysia on behalf of any person for any of the purposes of this Act unless he is a tax agent as defined in this section:
[Subs. Act 451: s.23; Subs.
Act 328: s.15]
Provided that-
(a) where a company, body of persons or partnership so holds itself out in any calender year, then, if at the time of the holding out any employee of the company, member of the body or partner in the partnership (whether or not that employee, member or partner is in Malaysia) is a tax agent as so defined-
[Subs. Act 451: s.23]
(i) it shall be sufficient for the purposes of this subsection if there is present in Malaysia for a period or periods in that year amounting in all to more than one hundred and eighty-two days an employee, member or partner, as the case may be (not being necessarily the same employee, member or partner throughout that period or those periods) who is such a tax agent; and
[Subs. Act 451: s.23]
(ii) the company, body or partnership in question shall not be guilty of a contravention of this section unless after the end of that year it is shown to have failed to comply with subparagraph (i);
(b) nothing in this subsection shall be construed as restricting an advocate in the lawful practice of his profession.
(2) In this section (and in section 120 in so far as it relates to this section) "person" includes partnership.
(3) For the purposes of this Act-
"tax agent" means-
[Subs. Act 451: s.23]
(a) a professional accountant authorized by or under any written law to be an auditor of companies;
(b) any other professional accountant approved by the Minister; or
(c) any other person approved by the Minister on the recommendation of the Director General.
[Ins. Act 328: s.15]
(4) An application for an approval under paragraph 3(b) or (c) or for a renewal of such approval shall be made to the Minister.
[Ins. Act 328: s.15]
(5) A fee as may be prescribed by the Minister by an order published in the Gazette shall be paid on the application for an approval or renewal of an approval under subsection (4).
[Ins. Act 328: s.15]
(6) An approval or renewal of an approval under this section shall be valid for a period of twenty-four months beginning from the date of such approval or renewal.
[Ins. Act 328: s.15]
(7) An approval granted by the Minister before the 24th October 1986 shall lapse on the 31st December 1987 unless a renewal of such approval is obtained under this section by that date.