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TAX
 
Services

Our tax practice meets the demand for specialist and comprehensive tax advice and representation. We have a dedicated team of tax lawyers who handle both advisory and contentious tax work. By working closely with other practice groups within the firm, in particular, the Corporate & Commercial Practice Group, we are able to provide clients with seamless and complete legal solutions from the inception of a deal or transaction, obviating the need for multiple legal advisors. We appear regularly before the courts. We also provide legal support to major accounting firms on issues arising from tax audits and investigations.


Our practice covers all aspects of tax law, including:
  • Direct taxes – income tax and petroleum income tax
  • Indirect taxes – customs duties and GST
  • Real Property Gains Tax
  • Stamp duty
  • The Labuan International Business and Financial Centre and other offshore regimes

Specific areas on which we often advise are:
  • Tax incentives
    Clients can rely on our knowledge of the labyrinth of available tax incentives. In addition to standard incentives, for larger investments, we have experience in assisting in making applications for tailor-made incentive packages and negotiations with government authorities, having handled such applications for some of the largest investors in Malaysia.
  • Pre-transaction tax sensitivity analyses and reports
    In most cases, tax issues need to be identified and resolved early. We are able to render pre-transaction advice to mitigate future tax risks. Where necessary, we will work with other professionals including financial consultants to prepare reports and opinions to facilitate a stand being taken on tax positions.
  • Tax issues in M&A transactions
    Complex tax issues often arise in M&A transactions. Working with other colleagues in the firm, we help clients deal with them prior to the closing of the transaction.   
  • Tax issues in corporate finance instruments
    The tax implications of ever evolving corporate finance instruments are increasingly complex. We can help simplify complicated tax problems and give clients clear solutions.
  • Cross border tax issues
    With our knowledge of double tax treaties, we work with foreign experts to provide advice on complex cross border issues. 
  • Transfer Pricing
    Together with financial consultants, we review transfer pricing positions and provide advice on positions and steps that need to be taken to ensure that clients are fully prepared for any potential dispute with the tax authorities.
  • Investigations and Audits
    In the event of an investigation or tax audit, we hold our client’s hand and ensure that the right steps are taken. Our knowledge of tax law and experience in tax litigation can help resolve disputes or achieve a workable solution thereby avoiding the need to go to court.
  • Tax litigation
    This is one of the fastest growing areas in our tax practice. The head of our tax practice group, Vijey Mohana Krishnan, appears regularly before the Special Commissioners of Income Tax, the High Court and the Court of Appeal. Our success on issues has prompted legislative changes to the Income Tax Act, 1967.

Clients

We have provided tax advice to clients from a wide range of industries including banking, insurance, manufacturing, trading, shipping, aviation, construction, property development, hospitality, engineering, plantation, brewery, tobacco, oil & gas, ICT, automotive, highway concession and healthcare as well as to high net-worth individuals. From this, we are able to say with confidence that we understand the peculiar tax issues faced by clients in each industry.


Recognition

Recognition of our tax practice can be seen in publications such as Asia Pacific Legal 500, AsiaLaw Profiles (highly recommended in 2014 - 2016), Tax Directors Handbook and Chambers Asia Pacific (ranked as a Leading Firm in 2015 & 2016). Vijey is also listed as a Leading Individual in the area of Tax in Chambers Asia Pacific from 2010 - 2017 and as a Leading Lawyer in AsiaLaw Profiles 2012 – 2015.

Given our position in the tax law landscape, we seek to contribute to the development of the sector via our role in associations and committees. Vijey is an Associate of the Chartered Tax Institute of Malaysia and has been involved in various committees including the GST and Tax Sub-Committee of the Malaysian Bar, the Tax Committee of the American Malaysia Chamber of Commerce and the Chartered Tax Institute of Malaysia Technical Committee – Indirect Taxation.




Contacts

Vijey Mohana Krishnan
Partner - Corporate & Commercial
+603-26949999 (Ext 112)
mkvijey@rdl.com.my
   
 
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