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Labuan Entity
General Statutory Responsibilities

PART A - GENERAL

  1. Labuan Entity

  • A Labuan company incorporated under the Labuan Companies Act 1990

  • A Labuan foundation established and registered under the Labuan Foundations Act 2010

  • A Labuan Islamic foundation established and registered under the Labuan Islamic Financial Services and Securities Act 2010

  • A Labuan Islamic partnership as defined in the Labuan Islamic Financial Services and Securities Act 2010

  • A Labuan limited partnership established and registered under the Labuan Limited Partnerships and Limited Liability Partnerships Act 2010

  • A Labuan limited liability partnership established and registered under the Labuan Limited Partnerships and Limited Liability Partnerships Act 2010

  • A Labuan Islamic trust as defined in the Labuan Islamic Financial Services and Securities Act 2010

  • A Labuan trust as defined in the Labuan Trusts Act 1996

  • A Malaysian Islamic bank licensee as defined in the Labuan Islamic Financial Services and Securities Act 2010

  • A Malaysian bank licensee as defined in the Labuan Financial Services and Securities Act 2010

  • Any Labuan financial institutions as defined in the Labuan Financial Services Authority Act 1996

  • Any person declared by the Minister to be a Labuan entity under subsection 2B(2)

 

PART B - GENERAL RESPONSIBILITIES

  1. Annual Return / Annual Solvency Declaration: Yes

  2. Audited Financial Statement:   Business Activity Code 1 to 20 and 23 - Yes

                                                            Business Activity Code 21 and 22 - No (requires Management Account)

                                                            Dormant - No (Requires management Account)

   3. Board of Directors' Meeting in Labuan: Business Activity Code 22

   4. Annual Fee: All Labuan Entities

   5. Annual Licence Fee: All regulated Business Activities under LFSSA

   6. Internal Audit Report: All regulated Business Activities under LFSSA

   7. Other Reporting: As specified in LFSSA, its regulations and guidelines

   8. Comply with AML/CFT Requirements: Yes

PART C - OTHERS

  1. Requirement to Register TIN: Yes

  2. Requirement to Submit CP204: No

  3. Requirement to Register E Number: Yes

  4. Requirement to Submit Form E (annually): Yes

  5. Requirement to Prepare Form EA / CP22 / CP22A: Yes (if have staff)

  6. Requirement to Register with EPF, SOCSO and EIS: Have Malaysian staff - Yes, Have Foreign Staff - No

  7. Requirement to Submit Monthly Return to EPF, SOCSO and EIS: Have Malaysian staff- Yes, Have Foreign Staff - No

  8. Requirement to Register with HRD: Yes, if meet the threshold set by HRD

  9. Requirement to Submit Monthly Return to HRD: Yes, if meet the threshold set by HRD

  10. Requirement to impose WHT for Non-resident: Lodge Tax under ITA-Yes, Lodge Tax under LBATA-No

  11. Requirement to impose 2% WHT for Agents/Dealers, and Distributors: Lodge Tax under ITA-Yes, Lodge Tax under LBATA-To be Confirmed by the IRB

  12. Requirement to Prepare CP58 and Submit CP107D: Lodge Tax under ITA-Yes, Lodge Tax under LBATA-To be Confirmed by the IRB

PART D - COMPARISON OF TAXATION RESPONSIBILITIES FOR DOMESTIC COMPANY, LABUAN ENTITIES UNDER ITA AND LABUAN ENTITIES UNDER LBATA

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Comparison ITA LBATA.png

PART E - ABBREVIATIONS

  1. EA: Employees Return

  2. EIS: Employees Insurance System

  3. EPF: Employees Provident Fund

  4. ESR: Economic Substance Requirements

  5. HRD: Human Resource Department

  6. IP: Intellectual Properties

  7. IRB: Inland Revenue Board of Malaysia

  8. ITA: Income Tax Act 1990

  9. LBATA: Labuan Business Activity Tax Act 1990

  10. LFSSA: Labuan Financial Services and Securities Act 2010

  11. SOCSO: Social Security Organisation

  12. SST: Sales and Service Tax

  13. TIN: Tax Identification Number

  14. WHT: Withholding Tax

he information contained in this document is provided for information purposes only. It does not constitute legal advice and should not be relied upon as such. The readers may need to obtain professional advice on legal or tax issues affecting you before relying on it. However, QX Trust Co. Ltd (千玺信托公司)  tries to ensure that the content of this document is accurate, adequate, or complete, it does not represent or warrant, express or implied, its accuracy, correctness, completeness or use of any of the information. QX Trust Co. Ltd (千玺信托公司)  expressly disclaims any liability to any person for loss or damage incurred as a result of reliance placed upon the information contained in this document.

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