Escolar Documentos
Profissional Documentos
Cultura Documentos
TECHNICAL DEPARTMENT
12TH FLOOR, BLOCK 9,
GOVERNMENT OFFICE COMPLEX
JALAN DUTA, P.O.BOX 11833,
50758 KUALA LUMPUR
2.
2.2
Institutions
2.1.1
a hospital;
2.1.2
2.1.3
2.1.4
2.1.5
a Government-assisted
research; or
2.1.6
institution
engaged
in
socio-economic
Organisations/Funds
2.2.1 a public or private fund established or held for the sole purpose
of:
2.2.1.1
2.2.1.2
2.2.2
2.2.3
2.2.4
2.2.5
2.2.6
2.2.7
2.2.8
2.2.9
3.
Objective
Organisation must be established in Malaysia for charitable purposes
only.
3.2
3.3
3.4
(b)
(c)
(d)
Benefits
(a)
(b)
3.5
Board of Trustees
At least 50% of the members of the Board of Trustees are 'outsiders',
who are not connected to the organisation or founder.
3.6
Prohibitions
The Organisation is not allowed to be involved in any political activities
or
trade
union
movements
and
must
not
allow
its
funds,
staffs/members and premises/assets to be used for these purposes.
3.7
Financial Statement
An audited set of annual accounts of the organisation/fund must be
forwarded to Technical Department Inland Revenue Board after the end
of its financial year. In addition, an audited set of consolidated
accounts must be forwarded to the Board for organisation that
establishes a branch/affiliated body. The audited set of consolidated
account must show all income including donations and all expenditure
incurred by the organisation and its branch/affiliated body.
3.8
Business Activity
Generally, the institution/organisation is not allowed to carry on any
type of business. However, an organisation is allowed to be involved in
business if the following conditions are fulfilled:
(i)
The organisation applies not more than twenty -five per cent of its
accumulated funds as at the beginning of the basis period for the
year of assessment for the carrying on of, or participation in, a
business; and
(ii)
(b)
Example;
One of the objectives of the Persatuan Orang Buta, Malaysia is to
educate and encourage its members to be independent. One of the
businesses undertaken by the Association is to produce and sell
rattan products made by its members.
In this regard, this activity will not jeopardise the Association's
approved status under subsection 44(6) even though the Association
utilised all its funds for the business.
3.9
3.10
3.11
Winding Up Or Dissolution
(i)
If
upon
the
winding
up
or
dissolution
of
the
institution/organisation, there remains, after the satisfaction of
all its debts and liabilities, any property or monies, the property
or monies shall not be paid or distributed among members of
the institution/fund, but shall be donated to the Government or
to other institutions/funds whichhas been approved by the
Director General of Inland Revenue Board, Malaysia.
(ii)
4.
5.
(i)
(ii)
(iii)
6.
Institution Or Organisation
An institution or organisation must clearly state its objectives in its
application and submit the following particulars and documents:
6.1.1
6.1.2
6.1.1.2
6.1.1.3
a copy
of the
Association;
6.1.1.4
6.1.1.5
6.1.1.6
6.1.1.7
Memorandum
& Articles
of
relevant Department/
6.1.2.2
6.1.2.3
6.1.2.4
6.1.2.5
6.1.2.6
6.1.3.2
6.1.3.3
financial
statements
for
the
preceding two years, if applicable;
6.1.3.4
6.1.3.5
immediately
6.1.4.2
(b)
the
establishment of
the fund;
(ii)
the
appointment
of
the
fund committee members; and
(iii)
members, amendments of
and dissolution of the fund;
articles
(ii)
(iii)
(iv)
of
Building Fund
6.2.1. School Building Fund
6.2.1.1.
6.2.1.2
6.2.2.2
(ii)
(iii)
(ii)
(iii)
a
resolution and minutes of meeting in
which the rules and by-laws were approved;
(iv)
a list of the
building fund committee
members stating the names, full addresses,
identity card numbers and occupation;
(v)
(vi)
(vii)
(ix)
7.
the
8.
General Requirement
8.1.1. official receipts for all donations received must clearly indicate
the following;
8.1.1.1
name of the organisation/fund;
10
8.1.1.2
serial number;
8.1.1.3
8.1.1.4
8.1.1.5
Specific Requirements
8.2.1. Institution /organisation
At least 50% of the income and donation received must be spent
yearly in carrying out the objectives of the institution /
organisation. Failure to meet this condition, will result in
withdrawal of the exempt status.
8.2.2. Building Fund
8.2.2.1
8.2.2.2
8.2.2.3
8.2.2.4
11
8.2.3
at the
above
Other Fund
An organisation which has been approved in respe ct to its
scholarship fund or fund for the relief of distress shall maintain
separate account for purposes of its approved status.
9.
Tax Deduction
Donors who have made donations to an institution or organisation or
fund approved under subsection 44(6) will qualify for deduction in
respect of their donation in computing their aggregate income.
However, it should be noted that only cash donations supported by
official receipts will qualify for tax deduction. Donati on in kind (e.g.
food, clothing, computers, property, shares and building materials) will
not qualify for tax deduction.
9.2.
Tax Exemption
With effect from the year of assessment 2001, any organisation or
institution which is approved under subsectio n 44(6) will automatically
be granted tax exemption on its income (except dividend income) under
paragraph 13, Schedule 6, Income Tax Act 1967.
12
ATTACHMENT A
APPLICATION FOR SCHOOL BUILDING FUND
Application for approval under Section 44(6), Income Tax Act, 1967
A.
TO BE COMPLETED BY APPLICANT
1.
3.
Year
Standard 1-6
Form 1-5
Form 1-6
Number of classrooms
required
4.
Type of School (Boys/Girls/Mixed).
5.
6.
13
7.
8.
9.
Whether the school with assistance becomes a private school? Name the
school.
11.
: ............................................................................................
: ..............................................................................................
12.
Estimated
cost
for
additional
buildings
certified
by
committee/registered consultant. Please forward the confirmation letter
on the estimated cost.
13.
14.
14
15.
17.
If donation has been collected from the public, state the date of the first
donation received and total amount of collection to date.
Proposer
Name : ..
Address :
Date : ...
One copy of income and expenditure account of the school for the complete
financial year (not applicable for new schools).
2.
One copy of school building fund's committee with details of name, full
address, identity card number, occupation and designation in the committee.
3.
4.
15
B.
Declaration
(If the number of students for one session exceed the maximum number
approved, state the Ministry's approval)
2. If the school is a government-aided school, please state the proposed
amount of capital expenditure for the building / proposed additional
building.
3.
It is confirmed that:
(a)
(b)
(c)
Applicable
Others:
Signature
Date;
16
C.
Signature
Date:
17