Tax
The well-established tax practice at Shearn Delamore & Co is spearheaded by expert Anand Raj, who advises on all elements of tax, including transfer pricing litigation. Covering the full spectrum of direct and indirect tax matters, the firm is skilled in handling tax advisory, planning, and structuring concerns. Counting international offshore funds, public listed companies, and government-linked companies amongst its key roster of clients, the department also advises on audits and investigations carried out by the Inland Revenue Board, in addition to corporate tax and tax risk management. A significant portion of its cases are of a cross-border nature, and often involve the telecoms, electronic, and transport industries. Irene Yong is a valuable member of the team and is well-versed in all aspects of tax and revenue law advice, as is Foong Pui Chi, who regularly appears as counsel in tax proceedings before the Superior Courts of Malaysia.
Key clients
- ExxonMobil Malaysia Sdn Bhd
- Malaysia LNG Sdn Bhd
- Bridgestone Chemical Products (M) Sdn Bhd
- Agro-Mod Industries Sdn Bhd
- Shell People Services Asia Sdn Bhd
- Seaport Worldwide Sdn Bhd
- Pulai Springs Resort Bhd
- Lam Ah Company Sdn Bhd
- Sime Darby Ara Damansara Development Sdn Bhd
- Genting Malaysia Bhd
Work highlights
- Successfully acted for the Malaysian Bar in legal proceedings against the Revenue. The Malaysian Federal Court unanimously held that the Revenue has no power to undertake tax audits on the clients’ accounts of law firms as clients’ accounts are protected by legal professional privilege (also known as solicitor-client privilege).
- Successfully acted for approximately 170 Labuan companies (“Applicants”) in more than 100 judicial review applications before the High Court of Labuan to challenge the decisions of the Director General of Inland Revenue and Minister of Finance requiring the Applicants (which are Labuan entities) to file income tax returns under the Income Tax Act 1967 instead of the Labuan Business Activity Tax Act 1990.
- Successfully acted for Pulai Springs Resort Bhd in tax appeal proceedings involving capital allowance claims on the construction of the golf club, the courses and the golf resort. Subsequent appeals by the Revenue were struck out and dismissed by the courts.
Lawyers
Practice head
The lawyer(s) leading their teams.
Anand Raj