Spotlight On Malaysian Tax Disputes by Chris Toh Pei Roo | 2024

Spotlight On Malaysian Tax Disputes by Chris Toh Pei Roo | 2024

Taxation is a crucial factor in the business landscape. Having a solid grasp of tax laws and regulations, and ensuring compliance, can help protect businesses from tax-related risks. The Malaysian tax system is complex, encompassing a variety of direct and indirect taxes.

It’s essential for finance managers, accountants, and others handling tax matters to stay updated on the latest tax law changes and Inland Revenue Board (IRB) practices. Monitoring decisions from the Special Commissioners of Income Tax, the Customs Appeal Tribunal, and the courts offers valuable insights into tax dispute resolutions and related lessons.

This book examines recent important rulings on issues such as income tax, stamp duty, real property gains tax (RPGT), customs and excise duties, sales and service tax, and anti-dumping duty. It also explores the use of judicial review to challenge IRB decisions and actions. Alongside a comprehensive overview of Malaysia's tax system, the book includes 22 in-depth articles that analyze selected court cases, providing an in-depth understanding of contemporary tax challenges and developments in Malaysia.

Spotlight on Malaysian Tax Disputes delivers valuable insights into significant tax disputes litigated and resolved in recent years.

Key Features of Spotlight On Malaysian Tax Disputes:
- Handpicked cases representing significant developments in Malaysian revenue law.
- Concise summaries of arguments at each litigation level to clarify issues and final decisions.
- Useful cross-references to related cases.
- Broad coverage across a wide range of tax issues.
- Insightful commentary by experienced tax advocates.
- Explanations of core concepts to enhance understanding of rulings.
- Focus on IRB practices that are subject to challenge.

Tax Issues Covered Include:
- Impact of Public Rulings
- Adjustments for transfer pricing
- Differences between penalties under sections 112(3) and 113(2) of the Income Tax Act (ITA)
- Conditions allowing assessments beyond statutory time limits
- Deductibility of expenses related to employee share option schemes
- Challenges against IRB’s tax refund refusals
- RPGT liability for real estate investment trusts
- Tax treatment of property disposal gains from joint ventures or liquidation
- Taxability of compensation for compulsory acquisition
- Priority of double taxation agreements over the ITA
- Deductibility of Bumiputera quota release expenses
- Retrospective excise value adjustments
- Availability of exceptional input tax claims
- Legal challenges in anti-dumping investigations

About The Author:

Chris Toh Pei Roo is a tax lawyer and partner at Lee Hishammuddin Allen & Gledhill. He graduated with First-Class Honours in law from the University of Leeds and earned an LLM in International Commercial Law from University College London. During his Bar Professional Training Course, he was awarded the St Philips Chambers Prize for Commercial Dispute Resolution and was called to the Bar of England & Wales at Middle Temple.

Chris advises and represents clients in all areas of tax law, with a strong focus on judicial review. He has significant experience in representing taxpayers in a variety of tax disputes against authorities. Additionally, he contributes to Malaysian Civil Procedure 2021 and 2024 (White Book) on Order 53 (Judicial Review). He is an Associate Member of the Chartered Tax Institute of Malaysia (CTIM) and an examiner for Revenue Law in CTIM’s Professional Examinations. Recently, The Legal 500 Asia Pacific 2024 recognized Chris as a “Rising Star” in Tax, while Chambers Asia-Pacific 2024 ranked him as “Up and Coming” for Tax, acknowledging his strong reputation among clients and peers in Malaysia’s tax field.

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