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Brief 41 Global Status of Commercialized Biotech/GM Crops: 2009

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Incentives

Under the National Biotechnology Policy, various tax incentive schemes have been drawn up to attract both foreign and local biotech companies to set up business in Malaysia.

  • Incentive for the holding company – A holding company that fulfills certain conditions can claim a tax deduction for its investment in its approved subsidiary biotechnology company against its profit.
  • Tax exemption for biotechnology companies – Approved biotechnology companies will be eligible for pioneer status with 100% tax exemption on statutory income for 10 years, commencing from the first year the company enjoys profit. They are also eligible for investment tax allowance with 100% of qualifying capital expenditure to be set off against 100% statutory income for five years from the date of first qualifying capital expenditure incurred (not applicable if holding company incentives have been claimed).
  • Dividends distributed from tax-exempt biotechnology companies will be treated as tax-exempt income for its shareholders.
  • Import duty and sales tax exemption on approved biotechnology equipment and materials be considered under the pre-packaged incentives.
  • Double deduction for qualifying expenditure on R&D. Definition for R&D broadened to include pre-clinical and clinical trials/testing. However, companies solely undertaking pre-clinical and clinical trials/testing activity are not entitled for double deduction.
  • Ex-pioneer BioNexus status company undertaking R&D activity (subject to separate accounts) are given corporate tax rate of 20% for 10 years on income relating to “qualifying activities” or normal corporate tax rate on income relating to “non-qualifying activities”.
  • BioNexus companies undertaking manufacturing activity and enjoying tax exemption of 15 to 2 years commencing from first year of profitability are not eligible for extension of tax exemption.
  • Accelerated building allowance to be written off within a period of 10 years for buildings used for research purposes only.
  • Double deduction for qualifying expenditure on export promotion.
  • Income tax deduction for investments by a company and high net worth individuals with business income in BioNexus status companies at seed or early stage.
  • Exemption on stamp duty and real property gains tax in relation to merges and acquisitions of BioNexus status companies based on merits of the case, particularly for R&D companies.
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