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Real Property Gains Tax Act 1976 Part IV — Investigatory and penal

s 27–s 28 · 2 sections

Power to call for information, etc.

s 27

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(1) The Director General may by notice in writing require any person to furnish within fourteen days or such further period as may be specified in the notice any information respecting any matter as to which a return under this Act has been made or is required to be made: Provided that, where that person is a public officer or an officer in the employment of a local authority or other public body, he shall not be obliged to disclose any particulars as to which he is under a statutory obligation to observe secrecy. (2) For the purpose of obtaining full information as to any person’s liability to the tax, the Director General may require that or any other person by notice in writing— (a) to complete and deliver to the Director General within a time specified in the notice (not being less than fourteen days from the date of service of the notice) any return specified in the notice; or (b) to attend personally before the Director General and produce for examination all books, accounts, returns and other documents which the Director General considers necessary. (3) The Director General may by notice in writing require any person to furnish within a time specified in the notice (not being less than thirty days from the date of service of the notice) a statement containing particulars of— (a) all banking accounts (whether current or deposit, business or private or in his own name, the name of his wife or any other name)— (i) in which he is or has been interested jointly or solely; or (ii) on which he has or has had power to operate jointly or solely, being accounts which are in existence or have been in existence at any time during a period specified in the notice; (b) all savings and loan accounts, deposits, building society accounts and co-operative society accounts in regard to which he has or has had any interest or power to operate jointly or solely during that period; (c) all assets other than those referred to in paragraphs (a) and (b) which he has possessed during that period; (d) all moneys receivable by him during that period otherwise than from the sources mentioned in paragraphs (a) to (c); and (e) all facts bearing upon his present or past liability to the tax.

Power of access to buildings and documents, etc.

s 28

Open ↗

(1) For the purposes of this Act the Director General shall at all times have full and free access to all lands, buildings and other places and to all books and other documents and may search such lands, buildings and places and may inspect, copy or make extracts from any such books or documents without making any payment by way of fee or reward. (2) The Director General may take possession of any books or documents to which he has access under subsection (1) where in his opinion— (a) the inspection of them, the copying of them or the making of extracts from them cannot reasonably be undertaken without taking possession of them; or (b) they may be interfered with or destroyed unless he takes possession of them; or (c) they may be needed as evidence in any legal proceedings instituted under or in connection with this Act. (3) Where in the opinion of the Director General it is necessary for the purpose of this Act to examine any book, account, record or other document which is— (a) made or kept by, or in the possession or under the control of, a person liable to the tax; and (b) made or kept in a language other than the national language, he may by notice in writing require that person to furnish a translation in the national language: Provided that in Sarawak this subsection shall have effect as if the words “or English” were inserted after the words “national language” wherever they occur.

Back to Real Property Gains Tax Act 1976 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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