No.

File Type

Category of Taxpayer

Due Date for Submission of CGTRF according to ITA 1967

Availability of
e-Filing System for:

Guide Notes on CGTRF Submission

C

Company

Within 60 days from the date of disposal of capital asset

1st March 2024

Refer to Guide Notes

PT

Limited Liability Partnership

TC

Unit Trust / Property Trust

CS

Co-operative Society

TA

Trust Body

TR

Real Estate Investment Trust

TN

Business Trust

No.

Items

Guidance Notes

1. Tax Imposition On Gains Of Capital Asset Disposal
   Effective from 1st January 2024, company, limited liability partnership, trust body and co-operative society which receive gains or profits from the disposal of capital asset consisting of:

   1. share of a company incorporated in Malaysia not listed on the stock exchange; or
   2. share of a controlled company incorporated outside Malaysia which owns real property situated in Malaysia or shares of another controlled company or both,
   are subjected to Capital Gains Tax under the Income Tax Act 1967.

   Labuan entity (Labuan Company, Labuan Limited Liability Partnership, Labuan Foundation and Trust) that elect or subject to taxation under the ITA 1967 are subject to the imposition of Capital Gains Tax.

   Submission of CGTRF and payment of Capital Gains Tax shall be made within 60 days from the date of disposal of the capital asset.
   
   

2. Exemption Period
   Company, limited liability partnership, trust body and co-operative society which dispose of -

   1. share of a company incorporated in Malaysia not listed on the stock exchange; or
   2. share of a controlled company incorporated outside Malaysia which owns real property situated in Malaysia or shares of another controlled company or both,
   are exempt from Capital Gains Tax for the period of 1st January 2024 to 29th February 2024.

   Taxpayer is not required to submit CGTRF for the disposal of that capital assets that took place within that period.
   
   

3. CGTRF For Reference Purposes
   For reference, CGTRF and Explanatory Notes can be downloaded from the HASiL portal from 31st January 2024.
   
   

4. Responsibility for CGTRF Submission
   Chargeable person according to the provisions of section 66 to section 75B are responsible to submit CGTRF.

   A licensed tax agent under section 153 of the ITA 1967 can be appointed for the purpose of submitting CGTRF
   
   

5. CGT Reporting
   Taxpayers are required to submit CGTRF through e-Filing (e-CKM). Kindly visit MyTax portal at https://mytax.hasil.gov.my to access e-CKM Form from 1st March 2024.

   Taxpayers shall have a Tax Identification Number (TIN) and Digital Certificate to access e-CKM.
   
   

6. TIN Registration for Foreign Entity
   For foreign entity (company, limited liability partnership, trust body and co-operative society) incorporated / established outside Malaysia, TIN registration for CGT reporting shall be applied online through e-Daftar by attaching the following documents:

   No.	Foreign Entity	Supporting Documents Required
   1	Company	Copy of the certificate of incorporation / registration from the registrar in the country of origin. TIN registration application letter for CGT purposes (using the entity's letterhead). Information of directors / main shareholders / cooperative board members / trustees / key officers including name, identification number, email and residential address. Copy of disposal / ownership document on: share of a company incorporated in Malaysia not listed on the stock exchange; or share of a controlled company incorporated outside Malaysia which owns real property situated in Malaysia or shares of another controlled company or both
   2	Limited Liability Partnership
   3	Co-operative Society
   4	Trust Body
   5	Unit Trust

   For e-CKM submission, the director or authorized officer of the foreign entity is required to apply for an individual TIN through e-Daftar. This is to enable the application for director / director representative role in MyTax before e-CKM submission can be made online or to appoint tax agent online to make the submission on behalf.

Working Sheets / Supporting Documents
Working sheets / Supporting Documents used for computation need not be submitted together with the CGTRF. Worksheets / Supporting Documents shall be kept for a period of 7 years after the end of the year in which the CGTRF is furnished to the Director General of Inland Revenue.

All documents including documents related to tax relief claims under section 132 and 133 of the Income Tax Act 1967 have to be furnished if requested for the purpose of audit.

Grace Period for the Payment of Tax
For assessments raised under sections 91, 96A and subsections 90(3), 101(2) of ITA 1967, the tax / balance of tax shall be paid within 30 days from the date of assessment. Nevertheless, a grace period of 7 days is given.