Deductible and Non-Deductible Business Expenses in Malaysia with the Latest Tax Cases on the Deductibility of Expenses

INTRODUCTION

Every business incurs expenses and being able to deduct such expenses will go a long way towards reducing the tax liability for any businesses. Wrongfully claimed deductions can lead to penalties and criminal charges. Tax authorities can take legal action if discrepancies are found. Additionally, if you intentionally claim deductions that you are not entitled to, it can be considered tax evasion and may result in penalties, fines, and even criminal charges.

COURSE OUTLINE

• The conditions for an expense to be tax deductible

• Understand what is revenue expenditure versus capital expenditure

• General, Special, Double and Further deductions

• What are the expenses specifically prohibited from deduction

• Deductibility of illegal payments

• Recent tax Cases on the deductibility of business expenses

PROFILE(s)

Yong Mei Sim has served over 35 years in the Inland Revenue Board of Malaysia (“IRB”) and held the last position as the Principal Assistant Director of the Penang branch, before retiring in 2016. She obtained a Bachelor of Science Degree majoring in Economics with a Second Class Upper from the University Science of Malaysia in Penang. She was later awarded the prestigious JPA scholarship to pursue and successfully completed her Master’s of Science in Taxation from the Golden Gate University in San Francisco, USA. During her tenure in office, she has been, inter alia, an audit manager in charge of the Payroll Taxes Unit, Field Audit and Desk Audit Unit. She had actively assisted the Federal Councils of the IRB in handling tax litigation cases. Among the landmark tax litigation cases which she was directly involved are ICTSB vs DGIR, PSSB vs DGIR and Marigold (M) Sdn Bhd vs DGIR. With her vast knowledge and experience in the field of Malaysian taxation, she has been invited by the IRB and other professional bodies to speak extensively around the country and to share her valuable experience and expertise on income tax updates and all other relevant taxation matters.