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Module X
outline : 境外税务规划
In an increasingly
borderless world, the fluidity and rapidity with which cross border business
transactions are undertaken is beyond belief. Every such transaction can lead
to a myriad of complicated tax issues. The issue of whether a Permanent
Establishments (PE) is created where a foreign company earns income from
Malaysia is in itself a complicated one.
Without fail and
invariably, the issue of withholding tax comes into the equation in a majority
of these transactions. The
other issues range from withholding tax implications to tax treatment of "foreign
source income" and the connected expenses as well as the consequences of sales
of assets between controlled parties, to name a few. The various Double Taxation Agreements that Malaysia
has signed with numerous countries, domestic legislations and practices need to
be understood in order to manage the potential penalties and tax costs
involved. It is
therefore important that businesses understand and appreciate their exposures
to maximize returns from their overseas ventures.
Course Outline
1.
Withholding tax and permanent establishments
2.
Cross border investments, i.e. Inbound investments and
Outbound investments
3.
Double Tax Agreements and Bilateral Tax Credits/Double
Taxation Relief
4.
Offshore holding companies and tax optimum structures
5.
Transfer pricing and cross border transactions
6.
Introduction of Advance Pricing Arrangements
7.
Tax implications of the creation of a PE in Malaysia
8.
Section 109B vs Section 107A of the Income Tax Act 1967
9.
Tax treatment for cross border sale/purchase of assets
in the case of a branch of a foreign company (i.e. a PE) acquiring assets from
its head office overseas and vice-versa
10.
Implications of PE being established in an overseas
country on profits derived there and remittance of such profits back to
Malaysia
11.
Steps involved to determine if income remitted to
Malaysia is foreign or Malaysian sourced
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