international languages China Japan Korea Germany Spain
Home About Us Our People What We Do Resources and Information What's New Careers and Alumni Contact Us
  In this section
Practice Groups
Competition Law & Antitrust
Corporate & Commercial
Corporate Secretarial
Dispute Resolution
Employment &
Administrative Law
Energy, Natural Resources & Green Technology
Financial Services
Infrastructure & Projects
Intellectual Property
Personal Data Protection & Privacy Laws
Real Estate
Regulatory Compliance & Enforcement
Shipping & Maritime
Tax & Revenue
Technology & Communications
Worldwide Reach
With four decades of history, our Tax and Revenue Practice Group is the oldest, largest and one of the pioneering full time dedicated tax law practice groups of a law firm in Malaysia. We handle a full range of direct and indirect tax advisory, structuring, planning, litigation matters, and defend against tax and transfer pricing audits and investigations.

We represent clients on all substantial tax and investment issues and have in the last 40 years handled various landmark tax cases. Our clients include multinational corporations, international offshore funds, Government linked companies and public listed companies as well as non-profit organisations.

Our practice group has been recognised by tax directories and publications over the years including being recognised as Malaysia Tax Litigation Firm of the Year 2007 - 2015 by The International Tax Review. The publication has also ranked Shearn Delamore & Co. as the top tier tax firm in Malaysia for 2010.

To know more of the Tax and Revenue Practice Group's Heritage, please click here.

For Practice Group's awards and recognition, please click here.

Minimise All | Expand All
Alternative Dispute Resolution With Tax Authorities
A key strength of our practice group, we frequently engage the tax authorities from an early stage and have concluded a substantial number of favourable settlements for our clients on all aspects of direct and indirect tax issues. Our strength in this area is leveraged by our wide-ranging experience in advising and litigating complex points of income tax, withholding tax, real property gains tax, stamp duty, as well as indirect taxes, in all sectors of the economy.
Corporate and Income Tax
Our experience has enabled us to render comprehensive and practical tax law advice to domestic and international clients on corporate and income tax matters. We have advised upon and litigated numerous corporate and income tax issues cases across a wide spectrum of industries such as insurance, telecommunications, shipping, holding companies, manufacturing and property development.
Goods and Services Tax (“GST”)
With the introduction of the Goods and Services Tax Bill 2009, our expanded indirect tax practice includes GST litigation and advisory, documentation review and tax risk management. Our capability in this area is underpinned by our experience and proven strength in advising clients and representing them in direct and indirect tax disputes.
Labuan Offshore Tax Planning
Offshore companies continue to enjoy preferential tax rates under Labuan’s special tax regime. With on-the-ground support from our associate company in Labuan, Shearn Skinner Trust Company Ltd., we have advised on many offshore transactions involving special purpose vehicles in Labuan. Our considerable offshore transactional experience includes foreign direct investment (“FDI”), acquisition and restructuring of major banks, financial institutions, assets, funds and other similar structures, by private equity investments in Korea, Taiwan, offshore financial centres and other parts of the world.
Sales Tax, Service Tax, Customs Duties and Other Indirect Taxes
We have acted for large corporate clients before the Malaysian Courts in tax litigation and tax controversies, including a landmark case on service tax. We advise clients on all aspects of indirect taxes, customs duties, e.g. customs tariff classifications, customs valuation in accordance with the WTO Valuation - WTO Guidelines, local regulations/licences applicable in relation to the specific transactions by our clients. We also advise on tax structuring and planning in indirect tax matters and have represented clients in customs appeals to the Director General of Customs and Minister of Finance, as well as legal representation in the Courts.
Taxation of Specialised Industries – Oil & Gas Companies, Financial Institutions and Telcos
We are advisers and counsel to taxpayers in specialised industries, such as oil and gas, financial services, telecommunications, property development, investment holding, manufacturing, aviation, shipping and others. Our experience has made us more conversant with these industries and the applicable tax laws in all contentious and non-contentious tax law matters.
Tax Audits and Tax Investigations
Tax audits and tax investigations are conducted by the tax authorities on a regular basis and with increasing frequency since the self-assessment system was implemented in Malaysia. We are able to assess and advise our clients on the management of their tax risks and advise them on legal strategies in dealing with tax audits and tax investigations. We act for clients either on an independent basis or concurrently with the major tax accounting firms in negotiations with the tax authorities to resolve disputed tax issues. In particular, we act for MNCs, GLCs, PLCs and Malaysian conglomerates on a regular basis, with a view to enhancing their tax defence strategies and securing favourable resolutions.
Tax Considerations for Employers
We regularly advise our corporate clients, in collaboration with our Employment & Administrative Law and Corporate & Commercial Practice Groups, on employment related taxes. Our integrated approach ensures that our clients benefit from comprehensive advice and strategies from the tax, as well as, employment law, legal compliance and other regulatory aspects.
Tax Controversy, Disputes & Litigation
The sharp-edge and cornerstone of our Practice Group, we have extensive experience representing taxpayers in tax appeals and judicial proceedings before the Malaysian courts. Such tax appeals and proceedings take place before the Special Commissioners of Income Tax, High Court, Court of Appeal and Federal Court. In line with our commitment to an integrated approach, we handle not only the entire tax controversy, dispute and litigation process, but also advise our clients on strategies in dealing with tax audits and tax investigations.

Tax Appeals
Tax appeals are initially heard before the Special Commissioners of Income Tax, with subsequent appeals by way of Case Stated to the High Court and further appeals, with leave, to the Court of Appeal.

Judicial Review and/or Declaratory Proceedings
Should an appeal not proceed under the special appellate regime under the relevant tax statute, judicial review and/or declaratory proceedings originating before the High Court may be another avenue for judicial resolution. Any further appeals will be to the Court of Appeal, and subsequently, with leave, to the Federal Court.

Judicial proceedings in relation to appeals instituted before any courts may abate or conclude at any point in the event negotiation with tax authorities result in settlements.
Tax Law Advice for Mergers & Acquisitions, Joint Ventures and Corporate Reorganisations
We advise and assist our clients with mergers and acquisitions, joint ventures and corporate reorganisations by offering in-depth tax structuring and planning advice. Working in tandem with our Corporate & Commercial, Financial Services, Employment and Administrative Law and other practice groups when the need arises, we have advised on numerous corporate restructuring exercises, mergers, acquisitions and joint ventures on revenue law matters pertaining to income tax, stamp duty, customs, sales tax and withholding tax issues. We also advise our clients on available statutory exemptions, concessions, incentives, and other forms of tax relief.
Tax Law Advice on Capital Markets Instruments & Transactions
Our breadth of skills and experience encompass tax structuring and tax planning in income tax, stamp duty, real property gains tax, customs duties matters in relation to the issuance of foreign currency-denominated securities by Labuan companies, investments in real estate investment trusts, onshore and offshore special purpose vehicles for purposes of investing in real property, banks, financial institutions and other areas.
Tax Law Advice On International Transactions, Foreign Direct Investments and Private Equity Investments
Malaysia is a regional hub and an attractive destination for FDIs. Our advisory and structuring strength in this area stems from our extensive experience in advising on inbound and cross-border transactions on the local tax benefits, incentives and risks. Substantial transactions include major land acquisition transactions, joint ventures, FDI and acquisition of locally owned companies in the manufacturing, services and property sectors.
Tax Risk Management
The increasingly complex and multi-faceted nature of many cross border transactions have resulted in taxpayers being subjected to more frequent and varied queries raised by the tax authorities. Our in-depth and wide-ranging experience in tax planning and tax structuring, coupled with our focus on litigating, defending and resolving tax disputes, enable us to effectively monitor and advise our clients on the management of their tax risks. In an era when complex, multi-partite cross-border transactions are fast becoming the norm and subject to increasing scrutiny by the tax authorities, tax risk management is a key business consideration for organisations.
Tax Treatment of Land and Development Activities
We are well versed in advising on the structuring of real property transactions such as acquisitions, developments, joint ventures, disposals, tax enquiries, audits, investigations and other matters. Our clients include residential and commercial property and township developers whom we regularly advise and represent in a wide range of non-contentious and contentious matters.
Tax Treatment & Incentives for Investments into Malaysia & Holding Companies
We have advised many corporate clients and foreign investors on the tax incentives available when setting up business operations in Malaysia, including trading, manufacturing, services, property development and other activities. The timely launch of new growth areas throughout Malaysia has opened up numerous investment opportunities for foreign investments identified as the Multimedia Super Corridor (“MSC”) as well as regional economic corridors in Malaysia, which include the Iskandar Development Region, Northern Corridor Economic Region, East Coast Economic Region, Sabah Development Corridor and Sarawak Corridor of Renewable Energy. We are ideally placed to assist and advise clients in obtaining special pre-packaged tax incentive arrangements from the Minister of Finance, through the Malaysian Industrial Development Authority (“MIDA”), section 127 ITA exemption orders issued by the Minister of Finance, MSC status for companies, pioneer status, investment tax allowance, reinvestment allowance, customs and other indirect tax exemptions, double deduction for promotion of exports, industrial building allowance, incentives for Operational Headquarters (“OHQ”), International Procurement Centres (“IPC”), Regional Distribution Centres (“RDC”), Iskandar Development Region (“IDR”) and numerous other incentives which are available. This would include advice on, amongst others, the Promotion of Investments Act 1986, Income Tax Act 1967 (“ITA”), Customs Act 1967, Sales Tax Act 1972, Excise Act 1976 and Free Zones Act 1990.
Transfer Pricing & Taxation of Cross Border Transactions
Increasing globalisation and specialisation of MNCs’ operations, have raised the tax authorities’ scrutiny of inter-company cross border transactions to achieve a “fair” allocation of taxes between jurisdictions. Of particular importance in this area would be comprehensive and sufficient documentation to defend the pricing arrangements in place. To this end, our practice has advised clients on key legal issues in transfer pricing, including assisting in the preparation for and response to transfer pricing enquiries and audits. In the event of a transfer pricing dispute, we represent clients in their tax appeals and judicial review applications to the courts.

Goh Ka Im
Anand Raj
Irene Yong
Foong Pui Chi

© Shearn Delamore & Co. Disclaimers & Terms of Use | Privacy Policy
This page requires the Adobe Flash Player version 7 or higher
Best viewed at 1024 x 768