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Besides direct Tax incentives which are
provided under the income Tax Act 1967 and the Promotion of
Investment Act 1986, the Government also provides a number
of indirect tax incentives under a number of Acts such as
the Customs Act 1967, Sales Tax Act 1972, Service Tax Act
1975 and Excise Act 1976; these indirect tax incentives are
as follows:
(i) Tax exemptions on machinery /
equipment
Companies in eligible sectors are given
full import duty and sales tax exemption on machinery and
equipment which are directly used in the promoted activity
but are not manufactured locally. Companies are eligible for
sales tax and excise duty exemptions if the machinery is
purchased from local manufactures. Eligible sector are as
follows:
(a) manufacturing including production
and post-production of film and video;
(b) agriculture;
(c) tourism project operators including convention centres;
(d) hotels (for specified equipment only);
(e) companies given the Multimedia Super Corridor status for
multimedia equipment;
(f) companies given the Approved Services Project status;
(g) companies specializing in R&D; and
(h) companies carrying out technical or vocational training
and which have been approved of ITA incentive, and training
institutes approved by the Minister of Finance.
For companies under (G0 and (h) above,
machinery and equipment that are imported are also eligible
for import duty and sales tax exemption even through they
may be available locally.
For approved companies in the
manufacturing and service sectors, apart from those used
directly in production/activities, machinery and equipment
used for the following purposes is also eligible for sales
tax and import duty exemption:
(a) control of environmental pollution;
(b) in-house research; and
(c) in-house training.
In the 1997 Budget, exemption of import
duties on spares and consumables used in manufacturing
activities by companies operating Principal Customs Areas (PCA)
was withdrawn. However, spares and consumables obtained
under the following circumstances are still eligible for
exemptions:
(a) spares and consumables sourced
locally;
(b) replacement parts required for
research and development and for approved training;
(c) spares and consumables which are
imported together with equipment / machinery required to
start a new business (only if the quantity imported is
within the norms of the industry);
(d) spares and consumables used by
non-manufacturing industries such as the film and agriculture
industries, and companies operating in LMW / FIZ which are not
produced in the PCA;
(e) spares and consumables imported for expansion
and modernisation projects including upgrading are given tax
exemptions as in the case for new operations. For this purpose
modernisation and upgrading must result in the improvement in quality
or increased capacity or in compliance of legal requirements such
environmental laws;
(f) spares and consumables used by SMIs that are
participating in the Entrepreneur Development Programme under the
Ministry of Finance, the ILP under MITI and the Vendor Development
Programme under the Ministry of Entrepreneur Development.
(g) Spares and consumables that attract import
duty more than 5% and have no potential to be produced locally. The
exemption is from 18 April 1998 till 31 October 1999;
(h) Export oriented companies which export at
least 80% of their products. The exemption is from 18 April 1998 till
31 October 1999; and
(i) Spares and consumables which have too small
and limited domestic demand. The exemption is from 18 April 1998 till
31 October 1999.
Replacement parts and consumables include the
following goods/material:
(a) replacement parts for machinery/equipment used directly in the
production process such as screws and bolts, filters, valves, gaskets
and refractory bricks; and
(b) organic and inorganic consumables used directly or indirectly in
the process but not embodied in the finished product such as grinding
stones, sandpaper and catalysts.
Moulds and dies are not considered as spare parts
and consumables, as such they are still eligible for tax exemption.

(ii) Tax Exemption on Raw Materials / Components
Companies in the manufacturing sector are eligible
for import duty exemption on imports of raw materials/components which
are directly used in the production process land are not produced
locally. Nevertheless, for the export market, tax exemption may still
be considered if the locally produced materials is not competitive in
terms of its quality or price.
The level of import duty exemption on raw
materials/components depends on the market for the respective product.
For the export market full exemption will be given. For the domestic
market, full exemption will only be given under the following
conditions:
(a) the finished products (made from the dutiable
raw materials/components) are not subject to import duties:
(b) the company concerned has complied fully the
Government's policy guidelines in relation to the ownership of shares,
management and employment structure in all categories;
(c) companies located in the 'Eastern Corridor' or
Peninsular Malaysia, Sabah and Sarawak. For projects in Sabah and
Sarawak, exemption will also be given if the raw materials/components
are not produced in the respective states; and
(d) SMI companies participating in the
Entrepreneur Development Programme under the Ministry of Finance, the
ILP Programme under MITI and the Vendor Development Programme under the
Ministry of Entrepreneur Development even if the goods can be sourced
locally.
Under other circumstances, raw material /
components used in production for the domestic market will only be
given partial exemption where the company is normally required to pay
2% or 3% of import duty. Where the raw material / components are
subjected to 3% import duty or less, no tax exemption will be
considered.
Effective from 26 October 1996, the level of
import tax exemption on components for the assembly-based industries
geared for the domestic market will be gradually reduced. Initially,
for imported components with a 5% a.v. imported duty. For imported
components with an import duty of less than 5% a.v. the company will
continue to pay duty according to prevailing rates. At present the
policy is only applicable to distinctly assembly-based industries, such
as the automotive, the electronic and electrical industries.
Nevertheless exemption of import duty on
components for assembly-based industry may still be considered for the
following:
(a) companies operating in the 'Eastern Corridor'
of Peninsular Malaysia, Sabah and Sarawak. However, the companies will
not be given exemption if the components is produced locally;
(b) the finished products are not subject to
import duties;
(c) SMI companies that are participating in the
Entrepreneur Development Programme under the Ministry of Finance, the
ILP Programme under MITI and the Vendor Development Programme under the
Ministry of Entrepreneur Development even if the goods can be obtained
from local producers:
(d) Indirect exports where the company sells to
local manufacturers who export their finished products. However, the
company will not be given exemption if the relevant component is
produced locally; and
(e) Components not manufactured in Principal
Customs Area and which are purchased from companies operating in LMW/FIZ.

(iii) Abolition or Exemption of Indirect Tax for
the Tourism Sector
(a) Abolition or import duty and sales tax for
tourist items such as pewterware, cameras, watches, lighters, fountain
pens, transistor radios, perfumes and cosmetic products:
(b) Service tax exemption is given to budget class
hotels that have less than 25 rooms;
(c) Service tax is abolished in Labuan and
Langkawi;
(d) Import duty and excise duty on
completely-knocked-down (CKD) components for locally assembled tourist
buses are abolished; and
(e) Import duties and sales tax exemption on
machinery and equipment produced locally or imported (specified items)
for use by hotels and other related accommodation as well as approved
tourism related projects. However, effective from Budget Day 1997, tax
exemption on certain imposed hotel equipment is withdrawn. Equipment
such as those, which are essential for security, and those required for
the hygienic preparation of food will continue to be eligible for
import duty and sales tax exemption if there are not produced locally.
The equipment are as follows:
(j) Electronic security system:
(ii) generator sets;
(iii) high/medium speed lifts;
(iv) boilers;
(v) laundry equipment;
(vi) dish washing machines;
(vii) centralised air conditioning system equipment; and
(viii) freezers and cold room equipment.
Sales tax and excise duties exemption will be
given on the following items if they are sourced locally:
(i) marble, tiles sandstones, granite (lobby only);
(ii) sanitary ware and fittings;
(iii) locks;
(iv) laundry equipment;
(v) restaurant and kitchen equipment;
(vi) air conditioning equipment;
(vii) generator sets;
(viii) audio visual equipment;
(ix) telephone and PABX systems;
(x) boilers;
(xi) safes;
(xii) refrigerators (for rooms);
(xiii) carpets (lobby only);
(xiv) linen;
(xv) lifts; and
(xvi) chandeliers.
(iv) Tax Exemption To Encourage The Use Of Natural
Gas For Vehicles (NGV)
To encourage the use of natural gas for vehicles (NGV)
the following indirect tax incentives are given:
(a) the retail price of NGV has been fixed at half the retail price of
petrol, determined through the automatic price mechanism for petroleum
products;
(b) import duty exemption on equipment for the conversion of
petrol/diesel vehicles to NGV;
(c) import duty and sales tax exemption for the conversion of vehicles
to use natural gas.
This exemption is given to local vehicle assemblers/manufacturers;
(d) a 50% reduction in road tax from the prevailing rates for monogas
vehicles (solely powered by gas);
(e) a 25% reduction in road tax from the prevailing rates for bi-fuel
vehicles (petrol vehicles modified to use NGV); and
(f) a 25% reduction of road tax from the prevailing rates for dual-fuel
vehicles (diesel vehicles modified to use NGV).
(v) Exemption of Service Tax
Effective from 1 January 1997, service tax
exemption is given to:
(a) export of professional services;
(b) services rendered by approved research and development companies;
(c) services rendered by private hospitals except in the provision of
accommodation and food; and
(d) services rendered in Federal Territory of Labuan and Langkawi.
Non-Tax Incentives
A number of other non-tax incentives are also
provided to spur the private sector to take advantage of investment
opportunities that will assist the development of the Malaysian
economy. These incentives include:
1. Export Credit Refinancing Facilities;
2. Export Credit Insurance and Guarantee Schemes; and
3. Industrial Technical Assistance Fund.
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