[TAX] Special Alert: Budget 2024: Special Legal Insights
Budget 2024 introduces substantial tax reforms, including the introduction of the Capital Gains Tax (CGT), e-invoicing, and High Value Goods Tax, coupled with a service tax rate increase from 6% to 8%. This article summarises the potential legal implications and issues as well as key tax changes by sector.
If you have any queries, please contact Associates, Jay Fong Jia Sheng (fjs@lh-ag.com) or Ng Jack Ming (njm@lh-ag.com), Senior Associate, Chris Toh Pei Roo (tpr@lh-ag.com) or their team Partners, Jason Tan Jia Xin (tjx@lh-ag.com) and Ivy Ling Yieng Ping (il@lh-ag.com).
[ENERGY, PROJECTS & INFRASTRUCTURE] Special Alert: Enhancing Energy Efficiency in Malaysia: The EECA 2023
With the aim of slashing the country’s energy consumption, the highly anticipated Energy Efficiency and Conservation Bill 2023 was finally passed in the Parliament, targeting the country’s biggest energy consumers.
If you have any queries, please contact Associate, Kerryn Toh (ryn@lh-ag.com) or her team Partner, Steven SY Tee (syt@lh-ag.com).
[TAX] Special Alert: Anti-Dumping Duties Imposed on Licensed Warehouse Manufacturer Struck Down
High Court, in the recent case of S Sdn Bhd v Director General of Customs & Anor, struck down the imposition of anti-dumping duties on an exporter who is a licensed manufacturing warehouse entitled to customs duty exemptions under the Customs Act 1967. The High Court’s decision came after the Director General of Customs argued that these exemptions did not extend to anti-dumping duties imposed under the Countervailing and Anti-Dumping Duties Act 1993. The ruling, which aligns with Parliament’s and Ministers’ intention to promote investment in Malaysia, holds significant implications for exporters.
The exporter was successfully represented by Dato’ Nitin Nadkarni, Ivy Ling Yieng Ping, and Jay Fong Jia Sheng from the Tax, Customs & Trade Practice Group of Lee Hishammuddin Allen & Gledhill.
If you have any queries pertaining to the High Court’s decision in S Sdn Bhd, customs duty exemption, and customs matters generally, please contact Consultant, Dato’ Nitin Nadkarni (nn@lh-ag.com) or Partner, Ivy Ling Yieng Ping (il@lh-ag.com), at tax@lh-ag.com.
[ENERGY, PROJECTS & INFRASTRUCTURE] Special Alert: MITI i-ESG Framework (Phase 1.0): What’s New?
The recent publication of the i-ESG Framework (Phase 1.0) by the Ministry of Investment, Trade and Industry (MITI) marks MITI’s plan to encourage ESG practices. Built upon 4 key pillars, the framework aims to serve as a guideline to support the country’s manufacturing sector to transition and adapt to meet current global ESG requirements.
If you have any queries, please contact Senior Associate, Joyce Ong (oky@lh-ag.com), Associate, Kerryn Toh (ryn@lh-ag.com) or their team Partner, Steven SY Tee (syt@lh-ag.com)
[EMPLOYMENT] Special Alert: Industrial Court Remedies: Reliefs in a Claim for Unfair Dismissal
Section 30 (5) of the Industrial Relations Act 1967 requires the Industrial Court to act in accordance with equity and good conscience in assessing the quantum of monetary compensation to be awarded to an unfairly dismissed employee. The primary remedies available in a claim for unlawful dismissal at the Industrial Court are reinstatement or compensation in lieu of reinstatement at a rate of 1 month’s salary for each completed year of service, and backwages. However, in exceptional circumstances, punitive compensation at a rate beyond 1 month’s salary for each completed year of service may also be awarded by the Industrial Court. In the instant case, the High Court reaffirmed the trite industrial relations jurisprudence, that employees must specifically plead and substantiate claims for punitive damages and contractual benefits in order to be entitled to them.
The employer was successfully represented in the High Court by Partner, Shariffullah Majeed and Senior Associate, Arissa Ahrom of Lee Hishammuddin Allen & Gledhill. The Industrial Court Award can be found here.
If you have any queries, please contact Senior Associate, Arissa Ahrom (aa@lh-ag.com) or her team Partner, Shariffullah Majeed (sha@lh-ag.com).
[TMT] The Debate of Online Content Liability
In the ever-evolving digital landscape, the debate on online content liability takes centre stage. With the freedom to post content online comes the question of platform owner accountability. The U.S. relies on Section 230 of the Communications Decency Act 1996, offering legal protection with specific criteria, while Malaysia’s Section 114A of the Evidence Act 1950 holds host responsibility based on presumption.
In this alert, we delve into the complexities of online content liability, examine different international approaches to address this multifaceted issue, and consider how we can strike a delicate balance between liability and freedom of speech in our incoming Communications and Multimedia Act amendment bill.
If you have any queries, please contact Associate, Wee Yun Zhen (wyz@lh-ag.com) or her team Partner, G. Vijay Kumar (vkg@lh-ag.com).
[EMPLOYMENT] Special Alert: Budget 2024: Enhancing the Welfare of Gig Workers
The Malaysian government addressed a number of initiatives in Budget 2024 to enhance the welfare of gig workers, including increased social security contributions and training support.
This Alert summarises the government’s initiatives for gig workers in the recently tabled Budget 2024 and the general landscape of gig workers’ labour rights in modern Malaysia.
If you have any queries, please contact Associate, Ashreyna Kaur Bhatia (akb@lh-ag.com), or her team Partner, Amardeep Singh Toor (ast@lh-ag.com).
[TAX] Special Alert: Budget 2024 Sectoral Infographic
Budget 2024 incorporates numerous significant tax measures and changes. Starting in March 2024, a capital gains tax will be implemented, and the service tax rate will also increase to 8%. Additionally, several green tax initiatives have been introduced. Stay informed about the tax measures introduced in Budget 2024 with our sectoral infographic.
If you have any queries, please contact Associate, Jay Fong Jia Sheng (fjs@lh-ag.com), Senior Associate, Chris Toh Pei Roo (tpr@lh-ag.com) or their team Partners, Jason Tan Jia Xin (tjx@lh-ag.com) and Ivy Ling Yieng Ping (il@lh-ag.com).
[TAX] Special Alert: Anti-Dumping Investigation On Exports Of Aluminum Extrusions From Malaysia To The United States Of America
On 4.10.2023, the US government received an anti-dumping duties petition to investigate and impose anti-dumping duty against Malaysian exporters of aluminum extrusions (and related merchandises). The petition was filed by the United States Aluminum Extruders Coalition and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (“Union”). In particular, the Union is requesting the US government to impose an anti-dumping duty of 53.91% against Malaysian aluminum extrusions (and related merchandises) exporters.
This alert summarises the petition and immediate actions that must be taken by Malaysian aluminum extrusions (and related merchandises) exporters.
If you have any queries, please contact Associate, Chua Chun Yang (cyc@lh-ag.com) or his team Partner, Jason Tan Jia Xin (tjx@lh-ag.com).
[EMPLOYMENT] Wake Up Call Amidst Claims of Sexual Harassment
Sexual harassment continues to remain a prevalent issue in any country or industry. In this article, we explore a recent highly publicised incident that drew further attention to the need to tackle such abuses and particularly, how the courts will analyse the victims’ conduct in the aftermath, to determine the veracity of claims of sexual harassment.
If you have any queries, please contact Senior Associate, Nurul Aisyah Hassan (nah@lh-ag.com), or her team Partner, Sharifullah Majeed
(sha@lh-ag.com).