Australian Tax Treaties

Malaysian Agreement  

Malaysian Exchange of Letters  

[Letter from the High Commissioner for Malaysia, Canberra, to the Assistant Treasurer of Australia]

I

High Commissioner for Malaysia

Canberra

Excellency

I have the honour to refer to consultations concerning Article 23 of the Agreement between the Government of Australia and the Government of Malaysia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, signed at Canberra on 20 August 1980. ^[1]

ATS 1981 No. 15; Act 1981 No. 28; ITA A(1) 493; UNTS 1334 p. 237.

In this connection I have the honour to inform you that the Investment Incentives Act 1968 of Malaysia has been repealed, subject to certain transitional provisions provided for by section 45 of the Promotion of Investments Act 1986 of Malaysia, and to propose that sections 22, 23 and 29 of that Act are of a substantially similar character to sections 21, 22, 26 and 30Q of the Investment Incentives Act 1968 within the meaning of subparagraph 5(a)(ii) of Article 23 of that Agreement.

I also have the honour, in pursuance of subparagraph 7(a) of Article 23 of the Agreement, to propose that the provisions of paragraphs 5 and 6 of Article 23 shall apply in relation to income derived in any year of income up to and including the year of income that ended on 30 June 1987.

In the event of these proposals being acceptable to the Government of Australia, this Letter together with your Letter accepting the proposals shall constitute an agreement between the two Governments for the purposes of subparagraph 5(a)(ii) and of subparagraph 7(a) of Article 23 respectively which shall enter into force on the date of your reply.

I avail myself of this opportunity, Excellency, to renew to you the assurance of my highest consideration.

Dated at Canberra, this 9th day of November 1999.

[Signed:]

DATO ' ADNAN OTHMAN

[Letter from the Assistant Treasurer of Australia to the High Commissioner for Malaysia, Canberra]

II

Assistant Treasurer

Parliament House

Canberra ACT 2600

Excellency

I have the honour to acknowledge receipt of your Letter of today ' s date which reads as follows:

[Here follows text as printed under I.]

I have the honour to inform you that the foregoing proposals are acceptable to the Government of Australia and that your Letter of today ' s date and this Letter, shall together constitute an agreement between the Government of Australia and the Government of Malaysia for the purposes of subparagraph 5(a)(ii) and of subparagraph 7(a) of Article 23 respectively which shall enter into force on today ' s date.

I avail myself of this opportunity, Excellency, to renew to you the assurance of my highest consideration.

Dated at Canberra, this 9th day of November, 1999.

[Signed:]

C R KEMP