The Resource Ketua Pengarah Hasil Dalam Negeri v Cardinal Health Malaysia 211 Sdn Bhd : Civil Appeal No R1-14-12-2009

Ketua Pengarah Hasil Dalam Negeri v Cardinal Health Malaysia 211 Sdn Bhd : Civil Appeal No R1-14-12-2009

Label
Ketua Pengarah Hasil Dalam Negeri v Cardinal Health Malaysia 211 Sdn Bhd : Civil Appeal No R1-14-12-2009
Title
Ketua Pengarah Hasil Dalam Negeri v Cardinal Health Malaysia 211 Sdn Bhd : Civil Appeal No R1-14-12-2009
Contributor
Subject
Language
  • eng
  • eng
Summary
Judgment by the High Court, Malaya dated 22 December 2010. The taxpayer was a member of an international group. The group included a Netherlands company which handled all the finance for the group. Group members were required to lend surplus funds to the Netherlands company which then paid interest to the lending company. The Revenue authorities assessed the taxpayer for the interest received from the Netherlands company. The taxpayer objected to the assessment on the ground that the interest was foreign-sourced income and hence exempt from tax under Malaysian domestic law. It was common ground that the money had been lent in the Netherlands and the contracts entered into outside Malaysia. Nonetheless, the Revenue argued that the source of the income was the funds which had been accrued in Malaysia. The appeals tribunal upheld the taxpayer's objection and the Revenue appealed. Dismissing the appeal, the High Court held that in the case of a loan it was the supply or provision of credit, and not the funds that were the source of the credit, that was the originating cause or source of the interest received by the lender. The interest on this loan was therefore sourced in the Netherlands and not in Malaysia
Citation source
In: International tax law reports. - London. - Vol. 14 (2011),
Language note
English
http://library.link/vocab/relatedWorkOrContributorName
Baker, P
http://library.link/vocab/subjectName
  • case law
  • group of companies
  • source of income
  • intercompany loan
Label
Ketua Pengarah Hasil Dalam Negeri v Cardinal Health Malaysia 211 Sdn Bhd : Civil Appeal No R1-14-12-2009
Link
https://library.ibfd.org/custom/web/SD_PDF/scans/2011/G-I/ITLR/vol.14/2_191-205.zip
Publication
Note
20120612

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