Reinvestment Allowance

Latest updates and issues

Eric Lai, Tax Advisory Manager
25/04/2022

Reinvestment Allowance (RA) is an incentive given to Malaysian resident companies involved in the manufacturing sector and selected agricultural sector to incentivise these companies to reinvest and grow their businesses. 

In order to qualify for the RA incentive, such companies must have been in business operations (i.e. manufacturing or agricultural) for at least 36 months. In addition, these companies must have incurred capital expenditure in carrying out relevant qualifying RA projects such as expansion, modernisation, automation and / or diversification in order to qualify for RA incentives in the relevant year of assessment (YA).

RA incentive is available for a period of 15 consecutive YAs beginning from the YA in which the capital expenditure was first incurred.
An additional 3 consecutive years of RA period from YA 2016 to YA 2018 (i.e. Special RA) has been provided under the Finance Act 2016 for companies which have exhausted the initial 15 years of RA period.

Furthermore, the Special RA was reintroduced in the National Economic Recovery Plan (i.e. PENJANA) and was enacted through the Finance Act 2020. The Special RA period provided in the Finance Act 2020 is from YA 2020 to YA 2022. Effective from YA 2019, any unabsorbed RA can only be carried forward to be absorbed for a maximum period of seven (7) consecutive YAs after the expiry of the qualifying period for RA.

In this article, we will discuss the latest updates on the RA incentive and issues in claiming RA for manufacturing activities in the recent years.

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Latest Updates on Reinvestment Allowance

Extension of Special RA
Based on the Finance Act 2021 which was gazetted on 31 December 2021, the Special RA is extended for an additional two (2) years to YA 2024. The following table illustrates the eligibility period for RA claim for companies which have exhausted the initial 15 years of RA period:

Previously

Now

RA incentive period expired in (YA)

Special RA incentive

(Finance Act 2016)

Additional Special RA incentive (PENJANA RA)

Extension of Special RA (extension of PENJANA RA)

Extended eligibility period (YA)

Extended eligibility period (YA)

Extended eligibility period (YA)

2016

2017

2018

2020

2021

2022

2023

2024

2015 or prior


         

2016

 

         

2017

 

 

       

2019 or prior

 

 

 

     

2020

 

 

 

 

   

2021

 

 

 

 

 

 

2022

 

 

 

 

 

 

 

Time limit for carrying forward unabsorbed RA
New Paragraph 4C, Schedule 7A of the Malaysian Income Tax Act 1967 (MITA)
The unabsorbed RA under the PENJANA RA can only be carried forward for a period of seven (7) consecutive years, beginning from YA 2025. Any unabsorbed RA after the seven (7) years will be disregarded.

Practice Note 1/2022: Explanation in relation to the definition of ‘factory’ for RA claims (the Practice Note)
The Practice Note was issued by the Inland Revenue Board of Malaysia (IRBM) on 17 January 2022. The meaning of ‘factory’ has been reiterated in the Practice Note as follows:

  • “Factory” means portion of the floor areas of a building or an extension of a building used for the purposes of a qualifying project to place or install plant or machinery or to store any raw materials, or goods or materials manufactured prior to sale: Provided that in respect of the portion of the building or extension of the building used for the storage of raw materials, or goods or materials, or both, it shall not be more than one-tenth of the total floor area of the building or the extension to that building (i.e. One-tenth Rule).
  • The use of space for the purpose of storage of raw materials or other goods or both which exceeds one-tenth of the total floor areas of the factory shall not be considered in calculating RA claim under Schedule 7A of the MITA;
  • Only the portion used for the purpose of a qualifying project fulfils the definition of ‘factory’ and may be allowed for RA claim subject to stipulated conditions.

 

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