[Latest update] (which is super long overdue ?!🤣😅)of tax incentive for food production

Timeline of the incentive for food production

1. YAB Dato' Sri Mohd Najib Tun Haji Abdul Razak, Prime Minister and Minister of Finance tabled The Budget 2016 on the 23rd October 2015.

2. INCOME TAX (EXEMPTION) (NO. 6) ORDER 2020 P.U. (A) 373/2020 was gazetted on 24th December 2020.

3. INCOME TAX (DEDUCTION OF INVESTMENT IN NEW FOOD PRODUCTION PROJECT OR EXPANSION PROJECT) RULES 2020 P.U. (A) 374/2020 was gazetted on 24the December 2020.
 

Things to do (if you are in the food production industry)

1. Discuss with your tax agent

2. Apply the tax incentive with MOA.

3. Resubmit the tax return once MOA approve the application of tax incentive.

4. Wait for tax audit.

5. ....
 

Overview of the tax incentive for the food production

Income Tax (Exemption) (No. 6) Order 2020

Effective Date : 1 Jan 2016

Salient Points :

(A)100% exemption on statutory income on new food production project for 10 consecutive YAs.

Application is to be made to the Ministry of   Agriculture and Food Industries (MOA)   between 1 January 2016 until 31 December   2020.

The project must not have commenced on the date of making the application.

(B)  Expansion project that is approved by the Minister in relation to the new food production project in (a) above, for 5 consecutive YAs.

The scope of new food production include planting of industrial crop and cash crop, rearing of deer, rearing of honey and urena lobata bees, and planting of feed mill & etc.
 

Income Tax (Deduction of Investment in New Food Production Project or Expansion Project) Rules 2020

Effective Date : 1 Jan 2016

Salient Points :

(A)Provides tax deduction equivalent to the value of investment (in cash or ordinary share capital) made in a related company that undertakes a new food production or expansion project approved under the Income Tax (Exemption) (No. 6) Order 2020 (“qualifying project”)

(B)  Application is to be made to the MOA between 1 January 2016 until 31 December 2020.

(C)  The deduction for a YA shall be equivalent to the expenditure incurred by the related company for the qualifying project in the basis period for the same YA, and for a period approved by the Minister.

(D) The deduction shall cease in the YA the related company commences its tax exemption period upon having its first statutory income from the qualifying project.

(E) For investments in ordinary shares, the deduction claimed will be clawed back if the investment is disposed of within 5 years from the date of investment. The disposal consideration shall be added to the adjusted income of the company in the YA it is received but shall not exceed the total deduction claimed in relation to the investment

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Published : 19-Jan-2021