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The Decision to Litigate: Tax Appeals and Choice of Forum

20
Aug

TIME

9:00 am - 5:00 pm

CPD POINTS

8 (S153 recognised)

EVENT CODE

21WS/025

VENUE

Webinar via Zoom

REGISTRATION FEE (RM) Registration fee is exclusive of 6% Service Tax

CTIM Member (21WS/025)

300

CTIM Student (21WS/025)

300

ACCA Member (21WS/025)

300

Members Firm Staff (21WS/025)

330.19

Non-Member (21WS/025)

400

Closing Date | 18 August 2021

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INTRODUCTION

Taxpayers who want to dispute IRB assessments can either take IRB to court or to settle the issue by negotiating at the administrative level. It is therefore imperative for a tax consultant to be well-informed and aware of the advantages and disadvantages of the two options. If taxpayers decide to litigate, they should also be made aware that they can pursue the matter through the Special Commissioners of Income Tax or file for Judicial Review at the High Court. The choice of forum should be carefully considered because the outcome of tax litigation could very well be determined by the opted forum. Some basic information about which option to select are discussed to assist taxpayers decide which litigation route to select and the steps in doing so.

COURSE OUTLINE

Tax Appeals

  • Step by step process of filing your tax appeals to the Special Commissioners of Income Tax.
  • Avoiding the common pitfalls of appeals.
  • Missed the deadline? Applying for extension of time.

Stay of Proceedings

  • Pay first, talk later!
  • What are your chances of getting a Stay?
  • Types of Stay
  • What are Special Circumstances?
  • Recent tax developments on Stay applications

Judicial Review

  • 2 stages of Judicial Review
  • Judicial review vs domestic remedy
  • Putative Respondent
  • What are your chances of getting a judicial review?
  • Analysis of case laws on Judicial Review

Directors Duty and Responsibilities

  • What are the responsibilities and liabilities of Directors?
  • Section 75A ITA 1967

PROFILE(s)

John Ung Soon Hock graduated with a First Class Honours LLB Degree from the University of Hertfordshire, UK and obtained his CLP in Malaysia. He is admitted as an Advocate & Solicitor of the High Court of Malaya. He is based in Penang and handles a wide range of general civil litigation such as corporate disputes, contract, defamation and income tax matters. Among the income tax matters that he has handled include preparation of legal opinion, reinvestment allowance, badges of trade, intra-group relief, Transfer Pricing Documentation and tax appeals to the Special Commissioners of Income Tax and the Civil Courts. Prior to joining private practice, he previously worked at the Attorney General’s Chambers as a Federal Counsel and Deputy Public Prosecutor

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