Commencement of amendments to the Goods and Services Tax Act 2014
s 47
This Chapter comes into operation on 1 January 2016.
Finance Act 2015 Chapter VI — AMENDMENTS TO THE GOODS AND SERVICES TAX ACT 2014
Amendment of section 13
s 48
The Goods and Services Tax Act 2014, which is referred to as the “principal Act” in this Chapter, is amended in section 13 by substituting for subsection (4) the following subsection: “(4) Notwithstanding section 11 and for the purposes of subsection (1), the time of supply of imported services shall be treated to have been made at the following dates whichever is the earlier: (a) the date when any payment is made by the recipient; or (b) the date when any invoice is issued by the supplier who belongs in a country other than Malaysia or who carries on business outside Malaysia.”.
Amendment of section 41
s 49
Section 41 of the principal Act is amended by inserting after subsection (7) the following subsections: “(8) Where any tax due and payable is not paid by any taxable person after the last day on which it is due and payable under subsection (4) and no prosecution is instituted, the taxable person shall pay— (a) for the first thirty-day period that the tax is not paid after the expiry of the period specified under subsection (4), a penalty of five per cent of the amount of tax due and payable; (b) for the second thirty-day period that the tax is not paid after the expiry of the period specified under subsection (4), an additional penalty of ten per cent of the amount of tax due and payable; and (c) for the third thirty-day period that the tax is not paid after the expiry of the period specified under subsection (4), an additional penalty of ten per cent of the amount of tax due and payable, subject to a maximum penalty of twenty-five per cent of the amount of tax due and payable. (9) Subject to subsection (11), prosecution for the offence under subsection (7) may be instituted after the expiry of the period specified in paragraph (8)(c). (10) The court may order that any taxable person who is convicted for the offence under subsection (7) shall pay the penalty as specified in subsection (8). (11) No prosecution for the offence under subsection (7) shall be instituted against the taxable person who has paid the amount of tax due and payable and the penalty specified under subsection (8) within the period specified in subsection (8).”.
Amendment of section 43
s 50
Section 43 of the principal Act is amended— (a) in subsection (1), by inserting after the words “the amount of tax” the words “and the penalty under subsection 41(8), if any,”; and (b) in subsection (8), by inserting after the words “the amount of tax” the words “and penalty, if any,”.
Amendment of section 51
s 51
Section 51 of the principal Act is amended by inserting after subsection (1) the following subsection: “(1a) Where the tax is allowed to be paid by instalments, the penalty under subsection 41(8) shall be ceased to be calculated from the date the Director General allows the payment by instalments.”.
Amendment of section 69
s 52
Subparagraph 69(5)(c)(ii) of the principal Act is amended, in the English language text, by substituting for the word “venturer” the words “venture operator”.
Amendment of section 70
s 53
Section 70 of the principal Act is amended by substituting for subsection (1) the following subsection: “(1) In relation to goods that have been imported and deposited in the warehouse and for which tax would be chargeable on the imported goods, there shall be a scheme to be known as the “Warehousing Scheme” which allows— (a) tax chargeable on the imported goods to be suspended when the imported goods are deposited in the warehouse; (b) supplies of goods made between the warehouses to be disregarded; and (c) supplies of goods made within the warehouses to be disregarded except for the last of such supplies of goods which are removed before the duty point.”.
Amendment of section 86
s 54
Subsection 86(2) of the principal Act is amended by substituting for the words “112(1)” the words “105(2)”.
Amendment of section 94
s 55
Paragraph 94(b) of the principal Act is amended by inserting after the words “to collect any tax” the words “or penalty”.
Amendment of section 122
s 56
Subsection 122(1) of the principal Act is amended— (a) by inserting after the words “amount of tax” the words “or any penalty”; and (b) by inserting after the words “and the tax” the words “or penalty”.
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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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