The Labuan Financial Services Authority has issued a circular dated 29 April 2020 setting out the revision to the substantial activity requirements for LITC under the GIFT Programme as approved by the Ministry of Finance. The revision is effective from 1 January 2019, subject to the gazette of the amendments to the Labuan Business Activity Tax (Requirements for Labuan Business Activity) Regulations 2018 (“Regulations”).
A summary of the revision is as follows:
No. |
Labuan Entities |
Minimum Number of Full Time Employees in Labuan |
Minimum Amount of Annual Operating Expenditure in Labuan (RM) |
||
Existing Regulations |
Proposed Revision |
Existing Regulations |
Proposed Revision |
||
1. |
LITC · 5 or less related LITC companies |
3* |
2 per group |
3,000,000* |
3,000,000 per entity in Malaysia (including minimum of RM100,000 in Labuan)
|
· Every incremental of 5 related LITC companies |
Increase of 1 employee for every additional 5 LITC companies |
Note*: Substance is imposed on each licensed LITC.
The LOFSA’s circular as well as our earlier Tax Whiz on “Labuan Developments” and “Developments on New Labuan Tax Regime” can be accessed via the above links.
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.
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