As one of the leading full-service tax practice in Malaysia, we have in-depth expertise in all aspects of the Malaysian tax regime, encompassing income tax, transfer pricing, indirect tax, customs and international trade. We focus on helping clients to navigate pitfalls and complex issues in tax law and to provide them with the highest standard of representation in tax controversies, tax litigation, tax appeals and tax advisory.

We are a full-service practice covering the following areas of taxation: –

Income Tax Disputes and Advisory

• Transfer Pricing
• Withholding tax
• Tax avoidance
• Tax credits, tax reliefs and tax exemptions
• Capital allowance
• Deduction of expenses
• Industrial building allowance
• Out of Court Negotiation and Tax Settlement
• Reinvestment allowance
• Recognition of income
• Trusts and Associations

Indirect Tax

• Excise Duties
• Goods and Services Tax
• Import duties
• Sales & Services Tax

International Trade

• Countervailing and Anti-dumping duties
• Trade Litigation
• Safeguard measures
• Import and export controls, trade restrictions and sanctions
• Free trade agreements

Our extensive range of clients includes individuals, local and multinational companies, listed companies, partnerships, banks, financial institutions, GLCs, Oil & Gas, property developers, plantation and agricultural industry, investment holding company, iron & steel industry, manufacturers, start-ups, technology companies, railways, family trust, charitable associations, and organisations.

Our team frequently resolves tax issues directly with the relevant authorities and have successfully represented taxpayers at various levels of court (including appeals to the Special Commissioner of Income Tax, Customs Appeal Tribunal, High Court, Court of Appeal and Federal Court).

Sub-Practices

• Tax Litigation & Disputes
• Indirect Tax
• International Trade

Key Experiences

1. Wilmar International
   Represented a Fortune Global 500 company, Wilmar International in a landmark transfer pricing case. This is the first decision of its kind which addresses Section 140A Income Tax Act and the Income Tax (Transfer Pricing) Rules. The court held that the IRB was wrong in adjusting the taxpayer’s profits to the median level of comparables as the taxpayer’s profits fall within the interquartile range. This was recognised by Benchmark Litigation Asia Pacific as Impact Case Winner of the Year 2022.
2. State-owned Company
   Represented a State-owned entity in a landmark dispute on whether gains received by a landowner from a joint venture development is chargeable to income tax. The High Court ruled that the proceeds are capital gains and not chargeable to income tax because they had not been actively involved in the land development.
3. Leading Conglomerate
   Represented a leading Malaysian conglomerate in a tax appeal involving total taxes and penalties in excess of over RM 200 million. The court held that gains from the taxpayer’s disposal of 11 parcels of land pursuant to a joint venture development are capital gains and therefore not chargeable to income tax.
4. Global Financial Institution
   Represented a global financial institution in a RM200 million income tax dispute, involving the interpretation of a tax exemption granted by the government.
5. Transocean Drilling
   Represented an American offshore drilling company’s subsidiary in one of the first tax appeals in Malaysia to deal with the interpretation of Section 112(3) ITA and the IRB’s powers thereunder. The High Court allowed the taxpayer’s appeal and set aside the entire assessments and penalties.
6. Singapore MNC
   Represented a MNC based in Singapore on a complex reinvestment allowance dispute before the courts. The matter relates to IRB’s disallowance of a reinvestment allowance claim of factory, plant and machinery on the basis that our client did not diversify its business. The court rejected the IRB’s position and ordered a full refund of the taxes.