Crowe Chat Vol.1_2026 (Tax Edition)

Crowe Chat Vol.1/2026

Tax Edition

30/01/2026
Crowe Chat Vol.1_2026 (Tax Edition)

Welcome to our Crowe Chat Vol.1/2026. In this issue, we will cover the following topics:

  1. Public Ruling (PR) 4/2025 – Notification of Change of Accounting Period by a Company / Limited Liability Partnership / Trust Body / Co-Operative Society
  2. Media Release on the 10-year limitation on the approval under Subsection 44(6) of the Malaysian Income Tax Act, 1967 (MITA) for institutions / organisations / funds
  3. PR5/2025 - Construction Contracts
  4. PR 6/2025 - Taxation of Income from Employment on Board a Ship
  5. PR7/2025 - Taxation of a Resident Individual Part 1 - Gifts Or Contributions And Allowable Deductions
  6. PR8/2025 - Tax Treatment for Micro, Small and Medium Companies (MSMC)
  7. Gazette of Tax Legislations related to Budget 2026
  8. Return Form Filing Programme for the Year 2026
  9. Guidelines on Tax Treatment on Income of Social Media Influencer
  10. Media Release on Sales Tax and Service Tax (SST) Policy

Download the PDF Booklet

PR 4/2025

Notification of Change of Accounting Period by a Company / Limited Liability Partnership / Trust Body / Co-Operative Society


Introduction

The provision under subsection 21A(3A) of the MITA requires a company, limited liability partnership (LLP), trust body or co-operative society to notify the Director General of Inland Revenue (DGIR) of any changes in the accounting period through a Notification of Change in Accounting Period Form (Form CP204B).

Previous PR

The previous PR 6/2021 – Notification of Change of Accounting Period by a Company / Limited Liability Partnership / Trust Body / Co-Operative Society was issued on 29 December 2021.

Updated PR

The IRBM issued an updated PR 4/2025 – Notification of Change of Accounting Period by a Company / Limited Liability Partnership / Trust Body / Co-Operative Society on 28 November 2025.

Details of the Updated PR

PR 4/2025 replaces PR6/2021 with various changes, including:

  • The interpretation of “revised estimate” has been updated to include the 11th month revision and an example which illustrates the 11th month revised tax estimate is included.
  • The eligibility for exemption to submit the Estimate of Tax Payable Form (CP204) has been updated to exclude companies which have more than 20% shares held by companies incorporated outside Malaysia or by individuals who are not Malaysian citizens.
  • Pursuant to the new Section 107C(11C) of the MITA, gains or profits arising from the disposal of capital assets are excluded from the requirement to submit an estimate of tax payable.

Media Release

10-year limitation on the approval under Subsection 44(6) of the MITA for institutions / organisations / funds


Introduction

Income received by institutions, organisations and funds that carry out charitable activities and do not operate solely for profit is exempted from tax, provided that the approval conditions set out in the legislation are adhered to. The Inland Revenue Board of Malaysia (IRBM) has issued a Media Release to announce a new policy setting a maximum approval period of ten (10) years for approvals under Subsection 44(6) of the MITA for institutions, organisations and funds.

Highlights of the Media Release

Effective 27 November 2025, the approval period to be given for Subsection 44(6) status is limited to a maximum of ten (10) years.

The IRBM will issue the updated notification letters to the institutions, organisations and funds whose current approvals are scheduled to expire on 31 December 2025 to clarify the application of the newly imposed 10-year tenure.

Any new or extended approvals granted by the IRBM before 27 November 2025 will remain valid as provided in the approval letter, with the new 10-year limit applying only after the current approval period expires.

PR 5/2025

Construction Contracts


Introduction

The tax treatments on income from a construction contract business are prescribed under the Income Tax (Construction Contracts) Regulations 2007 [P.U. (A) 276/2007]. Pursuant to these regulations, income from a construction contract business shall be recognised, as construction contract activity progresses, by reference to the stage of completion of the construction contract activity at the end of financial year.

Previous PR

The previous PR2/2009 – Construction Contracts was issued on 22 May 2009.

Updated PR

The IRBM issued an updated PR5/2025 – Construction Contracts on 9 December 2025.

Details of the Updated PR

PR 5/2025 replaces PR2/2009 with notable updates as follows:

  • The tax treatments under Practice Note 1/2024 which was issued on 29 March 2024 have been incorporated in this updated PR. With effect from the Year of Assessment (YA) 2023, where the final accounts of a construction contract can only be finalised after the date of completion of the construction contract, the actual gross profit or loss can be recognised in the earlier of the following periods:  
    1. twelve (12) months after the date of completion of the construction contract; or
    2. on the date when the final accounts of the construction contract is agreed upon between the contractor and the client.
  • Where the actual gross profit from the contract is less than the total estimated gross profit that has been taxed in the previous years of assessment, a company may review all its prior years’ assessments. The updated PR has provided an option for taxpayers not to review the assessments for prior YAs if there are no tax implications for all the relevant YAs.
  • Documentation requirements for tax audit purposes have been enhanced to include the Letter of Award, Progress Billing Certificate, Final Account, Certificate of Practical Completion, and other relevant supporting documents.

PR 6/2025

Taxation of Income from Employment on Board a Ship


Introduction

Under international taxation law, the employment income of a seafarer may be taxed in the country in which the place of effective management of the ship operator is situated. Malaysian law under paragraph 13(2)(e) of the MITA states that gross income of an individual in respect of gains or profits from an employment is deemed to be derived from Malaysia –

  1. for any period during which the employment is exercised on board a ship or aircraft that is used in a business; and 
  2. the business is operated by a person who is resident in Malaysia for the basis year for a YA. 

Previous PR

The previous PR 1/2023 – Taxation of Income from Employment on Board a Ship was issued on 3 October 2023.

Update PR

The IRBM issued an updated PR 6/2025 – Taxation of Income from Employment on Board a Ship on 10 December 2025.

Details of the Updated PR

PR 6/2025 replaces and updates PR1/2023 with various changes, including:

  • The definition of “seagoing ships” has been refined to clearly exclude vessels operating only within port limits. The examples in the PR have also been updated to illustrate that port-limit operations do not qualify as seagoing ships.
  • This updated PR reaffirms the responsibilities of the employer to comply with the tax deduction from remuneration process under the Monthly Tax Deduction schedule and the seafarer to file his income tax return form where the income of the seafarer does not qualify for tax exemption.

* Seafarer” means any person who is employed or engaged on board a ship, except persons not directly employed for the normal manning of the ship within the deck, engine or catering department.

PR 7/2025

Taxation of a Resident Individual Part 1 - Gifts Or Contributions And Allowable Deductions


Introduction

Several changes were introduced for the tax treatments of resident individuals in Budget 2025 which were subsequently legislated in the Finance Act 2024. This PR has been updated to incorporate these changes.

Previous PR

The previous PR4/2024 - Taxation of a Resident Individual Part 1 - Gifts Or Contributions And Allowable Deductions was issued on 27 December 2024.

Update PR

The IRBM issued an updated PR7/2025 - Taxation of a Resident Individual Part 1 - Gifts Or Contributions And Allowable Deductions on 5 December 2025.

Notable changes

  • Effective from YA 2025 to YA 2027, the allowable deduction for Skim Simpanan Pendidikan Nasional (SSPN) contribution can only be claimed by either the husband or the wife who makes savings in the SSPN, with a maximum amount of RM8,000 per YA for each child.  
  • In respect of payments made to a childcare centre or kindergarten, where a husband and a wife are divorced, the tax deduction can be claimed by the former husband and the former wife provided that they both shared the costs for the childcare fees. The tax deduction is limited to the amount expended and not exceeding RM3,000 for a YA.
  • Paragraph 46(1)(v) of the MITA provides that a deduction of up to RM2,500 can be claimed by an individual for the purchase of domestic food waste composting machine for household use, which can be claimed once every three (3) years between YAs 2025 and 2027.
  • Subsection 46B of the MITA provides tax relief for Malaysian citizens and resident individuals for interest payments on their housing loan taken to finance the purchase of their first residential property. The deduction is allowed for three (3) consecutive YAs commencing from the first year the housing loan interest is paid. 
  • Subsection 49(1B) of the MITA provides that a deduction of up to RM4,000 (increased from RM3,000) effective from YA 2025 can be allowed to an individual for premiums paid for insurance on education or for medical benefits.

PR 8/2025

Tax Treatment for Micro, Small and Medium Companies (MSMC)


Introduction

The MITA prescribes specific criteria for a corporate entity to qualify as a MSMC for tax purposes. Companies that meet these criteria are eligible for a range of tax benefits tailored to support MSMCs

New PR

The IRBM issued PR 8/2025 - Tax Treatment for Micro, Small and Medium Companies (MSMC) on 22 December 2025. This ruling consolidates and explains the relevant tax provisions applicable to MSMCs in Malaysia.

Highlights of the New PR

MSMC under the MITA

The MITA has its own specific criteria for a company to qualify as an MSMC for tax purposes. To enjoy special tax treatment, a company or LLP must meet ALL of the following conditions for a given YA:

  • Paid-up ordinary share capital (for companies) or capital contribution (for LLPs) not exceeding RM2.5 million at the start of the basis period.
  • Gross income from all business activities must not exceed RM50 million in the basis period.
  • Effective from YA 2024, no more than 20% of the paid-up ordinary share capital may be owned, directly or indirectly, by a foreign company incorporated outside of Malaysia or a non-Malaysian individual.

Special Tax Treatment for MSMC

Eligible MSMCs enjoy lower tax rates on their taxable income compared to the standard 24% rate.

Taxable Income (Starting from YA 2023) Special Tax Rate
First RM150,000 15%
RM150,001 to RM600,000 17%
Exceeding RM600,000

24%

Unlimited Special Allowance for Small Value Assets

From YA 2020, MSMCs are entitled to a special allowance of 100% on assets valued at not more than RM2,000 each, with no maximum limit.

Tax Rebate for New Businesses

New MSMCs commencing business from the YA 2021 can claim up to RM20,000 rebate per year for their first three (3) consecutive YAs.

Exemption from Submitting Tax Estimates (Form CP204)

Companies that newly commenced business are exempted from submitting tax estimates for the first two (2) YAs.

Tax Deduction for Environmental Preservation, Social and Governance (ESG) Related Expenses

From YA 2024 to YA 2027, MSMCs can claim tax deduction of up to RM50,000 per year for specific ESG related expenditure such as:

  1. consultation fees for the development of customised software for the implementation of e-Invoice in the business; and
  2. services of external service providers related to the implementation of e-Invoice.

Gazette of Tax Legislations Related To Budget 2026


The following proposed tax related laws relating to the Budget 2026 have been gazetted on 31 December 2025:

  • Finance Act 2025
  • Measures for the Collection, Administration and Enforcement of Tax Act 2025 (collectively known as “Acts”)

These Acts take effect on 1 January 2026. It is observed that there are no substantive changes compared to the earlier Bills.

Crowe’s highlights on the Finance Bill 2025 can be accessed via the following links:

Key Highlights of Malaysia’s Budget 2026  Key Highlights of the Finance Bill 2025

Filing Programme

Return Form Filing Programme for the Year 2026


Grace Period allowed for Return Form 

The IRBM issued the Return Form Filing Programme for the Year 2026 on 30 December 2025. The programme outlines the statutory deadlines for filing tax returns and making tax payments, as well as the applicable grace period.

Highlights of the Filing Programme


Taxpayers Method of Submission Statutory Due Date Grace Period Extended Due Date
Year of Remuneration 2025
Employer – Form e-E 
e-Filing 31 March 2026 1 month 30 April 2026
YA 2025
Resident Individuals (Without Business Income) – Form e-BE  
e-Filing 30 April 2026 15 days 15 May 2026
YA 2025
Resident Individuals (With Business Income) – Form e-B
Partnerships – Form e-P
e-Filing 30 June 2026 15 days 15 July 2026
YA 2025
Non-Resident Individuals – Form e-M / MT
Associations – Form e-TF
Deceased Persons’ Estate – Form e-TP
Hindu Joint Families – Form e-TJ
e-Filing
  • Do NOT Carry On Business: 30 April 2026 
  • Carry On Business: 30 June 2026
15 days
  • Do NOT Carry On Business: 15 May 2026 
  • Carry On Business: 15 July 2026
YA 2025
Companies – Form e-C  
Limited Liability Partnerships – Form e-PT
Unit Trusts / Property Trusts – Form e-TC
Co-operative Societies – Form e-C1
Trust Bodies – Form e-TA
Real Estate Investment Trusts / Property Trust Funds – Form e-TR
e-Filing Within 7 months from the date following the close of the accounting period which constitutes the basis period for the year of assessment 1 month 7 months + 1‑month grace period from the day after the accounting period end
YA 2025
Business Trusts – Form TN  
Postal delivery Same as above 3 working days 7 months + 3‑day grace period from the day after the accounting period end
YA 2025
Labuan entities – Form e-LE1
e-Filing Same as above 1 month 7 months + 1‑month grace period from the day after the accounting period end

Guidelines

Tax Treatment on Income of Social Media Influencer


Introduction

Social or digital media influencers are individuals who have the power to influence others on social or digital media through their power, knowledge, position or relationship with users. 

These influencers are required to comply with the applicable tax treatments on income earned from social media platforms or from marketing and promotional activities.

New Guidelines

The IRBM issued Guidelines on Tax Treatment on Income of Social Media Influencer on 14 January 2026.

The purpose of the new guidelines is to provide clarity and guidance on how influencer income is treated for tax purposes, and to explain the scope of taxable income, allowable deductions, and compliance obligations under the MITA.

Details of the Guidelines

The salient points are as follows:

Activities of a Social Media Influencer 

  • Creating and posting content 
  • Promoting products/services 
  • Endorsements 
  • Livestreaming 
  • Collaborating with brands

Category of Social Media Influencer

  • Individual influencers - humans performing influencer activities, such as politicians, artistes, athletes, professionals, students, and homemakers.
  • Object-based influencers - non‑human characters used to promote content (e.g. animated characters or virtual influencers).

Types of Revenue Received

  • Direct payments from platforms (e.g., YouTube AdSense, TikTok Creator Fund)
  • Fees for brand collaborations (e.g. endorsement or ambassador fees)
  • Sale of goods / merchandise (e.g. physical and digital goods)
  • Royalties derived from characters used on social media or digital rights
  • Sale of social media accounts
  • Non-cash benefits such as free products, services, discount vouchers or digital tokens with monetary value — at fair market value.

Taxability of the Income

  • Any income received by influencers is subject to tax under the MITA, regardless of whether it comes from local or foreign platforms (e.g. YouTube), on both monetary or non-monetary items (e.g. sponsored items).
  • Income is assessed under Section 4(a) (business income).
  • If an influencer earns income from activities done overseas, that income is still treated as business income taxable in Malaysia under Section 4(a), regardless of whether the payment is received from outside Malaysia or in Malaysia.

Expenses Claimable

The expenses that can be allowed as deductions under Section 33(1) of the MITA from the activities as an influencer on social media include costs and fees for internet access, filming and editing costs and other expenses which are wholly and exclusively incurred entirely in the production of the gross income.

Media Release

Sales Tax and Service Tax (SST) Policy


Introduction

The SST framework in Malaysia continues to evolve with recent updates introducing key changes that affect SMEs, manufacturers, construction players, and property-related businesses. The Ministry of Finance (MOF) issued a Media Release on 5 January 2026, announcing key changes to the SST Policy.

Highlights of the Media Release

The key highlights of the Media Release are summarised as follows:

  • Service Tax on Rental or Leasing Services;
  • Service Tax on Construction Works; and
  • Sales Tax on Selected Raw Materials for Registered Manufacturers.

Details of the Media Release

Service Tax on Rental or Leasing Services

Effective from 1 January 2026, the following changes apply to Service Tax on rental or leasing services:

  1. Reduction in Service Tax Rate
    The Service Tax rate applicable to rental or leasing services is reduced from 8% to 6%.
  2. Updates on Service Tax Exemptions for Micro, Small and Medium Enterprises (MSMEs)
    • Tenants classified as MSME are exempted from payment of Service Tax on rental and leasing services. The annual sales threshold for MSMEs tenants eligible for this exemption is increased from RM1.0 million to RM1.5 million. 
    • Newly established MSME tenants are granted an exemption from Service Tax on rental or leasing for a period of one (1) year, commencing from the date of registration of the MSME.

Service Tax on Construction Works

The following changes apply to Service Tax on construction works:

  1. Extension of Service Tax Exemption for Non-Reviewable Construction Contracts
    Construction service contracts that meet all prescribed conditions and qualify as non-reviewable contracts were originally granted a Service Tax exemption for one (1) year, valid until 30 June 2026. This exemption has now been extended for an additional one (1) year, up to 30 June 2027.
  2. Updates on Service Tax Exemptions for Construction of Religious Buildings
    Effective from 1 July 2025, construction of religious buildings (such as surau, mosques, temples, churches, and shrines) is exempted from Service Tax, provided that all conditions set out in Appendices D and E of Service Tax Policy 3/2025 (Amendment No. 2) are met. 

Sales Tax on Selected Raw Materials for Registered Manufacturers

Effective from 1 January 2026, a Sales Tax exemption is granted on critical raw materials or manufacturing inputs used by registered manufacturers. 

This exemption applies to the production of livestock and agricultural products, including:

  1. Animal feed
  2. Fertiliser
  3. Pesticide

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Poon Yew Hoe
Yew Hoe Poon
Senior PartnerKuala Lumpur
Foo Meng Huei
Meng Huei Foo
Head of TaxKuala Lumpur