Malaysia R&D Double Deduction and Single Deduction

Malaysia R&D Double Deduction and Single Deduction

Malaysia R&D Double Deduction and Single DeductionIntroduction

Malaysia R&D double deduction is a tax incentive provided under the Income Tax Act 1967 (ITA) to encourage innovation. Companies conducting qualifying research and development (R&D) activities may claim either a single deduction or a double deduction for approved expenditures. These incentives reduce taxable income while supporting scientific and technological growth.

Types of R&D Deductions

Single Deduction – ITA Section 34(7)

  • Applies to revenue expenditure incurred on qualifying R&D activities.
  • Approval is not required, but records must be kept separately.

Double Deduction – ITA Section 34A

  • Granted for approved in-house R&D activities.
  • Excludes capital expenditure such as buildings, land, and machinery.
  • Pioneer companies are not eligible under Section 34A.

Double Deduction – ITA Section 34B

  • Applies to:
    • Cash contribution to an approved research institute
    • Payments for services from an approved research institute or company
    • Payments to an R&D company or contract R&D company
  • Excludes capital expenditure.

Qualifying R&D Expenditure

1. Raw Materials

  • Directly used in R&D activities.
  • Must exclude fixed assets.
  • Includes moulds/dies with lifespan <1 year.

2. Manpower

  • Only basic salary of research employees qualifies.
  • Must apportion cost if employee works part-time on R&D.
  • Excludes EPF, SOCSO, bonuses, medical fees, and benefits-in-kind.

3. Technical Services

  • Consultancy, analytical services, testing, and evaluation.
  • Payments overseas >30% of total R&D cost → not eligible for double deduction, but allowed as single deduction.

4. Travelling Costs

  • Eligible: travel to R&D stations, exhibitions, vendor meetings.
  • Allowance capped at RM400 per person.
  • Course/seminar fees directly related to R&D are claimable.

5. Transportation Costs

  • Transporting raw materials for R&D qualifies.
  • Must apportion based on quantity used.
  • Excludes fixed assets, postage, and non-R&D transport.

6. Maintenance Costs

  • Directly related to R&D vehicles, machinery, and buildings.
  • Excludes capital improvements, cars for consultants, and non-R&D plant.

7. Rental

  • Vehicles, machinery, and buildings directly used for R&D.
  • Apportionment required if shared use.
  • Excludes rentals for administration, production, or personal use.

8. Other Expenditures

  • Utilities (water, electricity), courier, stationery, lab costs.
  • Excludes books, magazines, insurance, and taxes.

Tax Treatment of R&D Expenditures

According to Public Ruling 10/2021:

  • If charged to Profit or Loss Statement → add back, then deduct twice the amount.
  • If capitalised in the Balance Sheet → deduct twice the qualifying expenditure in tax computation.
  • Pioneer companies → may only claim direct revenue expenditure under Section 34A(4).

Key Takeaways

  • Single deduction → Section 34(7), revenue expenditure.
  • Double deduction → Section 34A (in-house, approved), Section 34B (donation/service payments).
  • Excludes capital expenditure.
  • Strict record-keeping required.
  • Overseas R&D expenditure limited to 30%.
  • Pioneer companies have restrictions.

FAQ

Q1: What is the main difference between single and double deduction?
Single deduction applies to revenue expenditure without approval, while double deduction requires approval and provides a higher tax benefit.

Q2: Can pioneer companies claim double deduction?
No. Pioneer companies may only claim direct revenue expenditure under Section 34A(4).

Q3: Are capital expenditures eligible?
No. Land, buildings, plant, and permanent structures do not qualify.

Q4: Can overseas R&D services qualify for double deduction?
Only if ≤30% of total R&D cost. Otherwise, the expenditure qualifies for single deduction.

Q5: What records must be kept?
Companies must maintain separate accounts for each R&D activity, regardless of approval status.

 

For more details, you may refer to the link below:


 

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