27 February 2018
On 11 January 2018, the Malaysian Inland Revenue Board issued amended Mutual Agreement Procedure Guidelines (“Guidelines”).
A taxpayer may present a Mutual Agreement Procedure (“MAP”) case to its competent authority if the taxpayer alleges that an action undertaken by either Malaysia or a state with which Malaysia has an agreement for the avoidance of double taxation (“DTA”) is not in keeping with the provisions of that DTA. The Guidelines provide guidance to taxpayers on the process and procedures to initiate a MAP request with the Malaysian competent authority in such situations.
The Guidelines have been amended to incorporate the minimum standards set out in the OECD BEPS (base erosion and profit shifting) Action 14 final report titled “Making Dispute Resolution Mechanism More Effective”, as Malaysia is a member of the BEPS Inclusive Framework and such incorporation is mandatory.