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Malaysia’s Latest Tax Horizon and Audit Issues on Cross Border Transactions in 2018

Expert Speaker Sivaram Nagappan

MYR901.00 (including GST)

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EARLY BIRD SPECIAL: Save 10% when you register by 2 April 2018. Use code APR18 at checkout.

Overview

Navigate through the maze of key issues related to withholding tax and cross border transactions. This comprehensive workshop aims to share the latest implications in 2018 arising on all payments subject to withholding tax (including the changes made in Budget 2018, effective in 2018 in terms of the applicability of withholding tax on services performed outside Malaysia by a non-resident, expansion to the definition of royalty, redefinition of public entertainer), and how to mitigate them besides being tax compliant.

Get practical pointers on how to analyse a transaction for withholding tax obligations. Learn how double tax agreement provisions can help mitigate this tax risk. The effectiveness of using double taxation agreement (DTA) in cross border assignments and its implications in respect of withholding tax, corporate tax and individual tax obligations will be shared.

What You Will Learn

At the end of this workshop, you will:

  • Develop the analytical skills needed to determine if a transaction has withholding tax obligations
  • Understand the critical considerations when entering into agreements with non-residents
  • Master the guidelines on how to minimise foreign withholding tax or double taxation through double tax agreements

Programme Outline

  • What is withholding tax?
  • Incomes derived by non-residents that are subject to withholding tax

- Special classes of income (Section 4A of the Income Tax Act, 1967) on services performed in or outside Malaysia and rental of moveable property

- Income from contract payments on projects carried in Malaysia

- Interest & royalty (expansion to the definition)

- Entertainment income (redefinition of public entertainer)                

- Other income (Section 4f of the Income Tax Act, 1967)       

  • Service Fee vs Contract Payments, etc.
  • Public Rulings (PR) and Addendums on withholding taxes
  • Tax planning and exemptions available on withholding tax
  • Compliance issues and penalties
  • Practical issues faced by taxpayers
  • Inbound and Outbound investments
  • What is DTA?
  • Concept of Permanent Establishment – Corporate and Individual tax issues
  • Purposes of other relevant articles in DTA
  • Business Income vs Non-Business Income
  • Reliefs available under DTA
  • Case laws and latest developments on withholding tax and updates on existing and new DTAs (including other changes from Budget 2018) and Public Rulings, where applicable will also be covered
  • Possible tax audit issues

Expert Speaker

Sivaram Nagappan has more than 20 years of tax experience and is currently with Deloitte Malaysia. Prior to Deloitte, he headed the tax department of a Group of Malaysian listed companies and also served with 2 other Big Four accounting firms where he gained extensive experience from servicing clients which included large local corporations and multinationals in a wide spectrum of industries.

His involvement in tax engagements with local and foreign companies encompassed various aspects of tax planning strategies/schemes, restructuring of companies, mergers and acquisitions, cross border transactions, repatriation of profits, investment incentives, remuneration packages, tax audit and tax investigation.

He has presented seminars, workshops and trainings for regulatory bodies and organizations both locally and overseas. His passion for knowledge sharing also extends to conducting lectures in taxation papers for professional examinations in various colleges, institutes and local universities. He is an Associate Member of the Chartered Tax Institute of Malaysia (CTIM), a Chartered Accountant of the Malaysian Institute of Accountants (MIA) and was a Fellow Member of the Association of Chartered Certified Accountants (FCCA).

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