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In forceAs enacted

Subsidiary Legislation

Income Tax (Relief From Double Taxation) (Malaysia) Order, 2010

The text

No. S 1

INCOME TAX ACT

(CHAPTER 35)

INCOME TAX (RELIEF FROM DOUBLE TAXATION)

(MALAYSIA) ORDER, 2010

Preamble

WHEREAS it is provided by subsection {1) of section 41 of the Income Tax

Act {Chapter 35} that if His Majesty the Sultan and Yang Di-Pertuan in Council by order declares that arrangements specified in the order have been made with the

Government of any territory outside Brunei Darussalam with a view to affording relief from double taxation in relation to tax under that Act and any tax of similar character imposed by the laws of that territory, and that it is expedient that those arrangements should have effect, the arrangements shall have effect in relation to tax under the Act notwithstanding anything in any written law.

AND WHEREAS by an Agreement dated the 5th. day of August, 2009

between the Government of His Majesty the Sultan and Yang Di-Pertuan of

Brunei Darussalam and the Government of Malaysia, arrangements were made amongst other things for relief from double taxation.

AND WHEREAS by a Protocol dated the 5th. day of August, 2009 between the Government of His Majesty the Sultan and Yang Di-Pertuan of Brunei

Darussalam and the Government of Malaysia, paragraph 5 of Article 26 of the

Agreement was clarified.

NOW THEREFORE it is hereby declared by His Majesty the Sultan and Yang

Di-Pertuan in Council -

(a)

that the arrangements specified in the First Schedule, as clarified by the

Protocol specified in the Second Schedule, have been made with the Government of Malaysia; and

(b)

it is expedient that those arrangements should have effect notwithstanding anything in any written law.

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