Tax Disincentives Arising from Judicial Decisions on the Deductibility of Expenses

Journal
Author
Yussof, S.H.
Country
Malaysia
Published Date
Issue
Asia-Pacific Tax Bulletin 2011 (Volume 17), No. 4
FormatPDF
EUR
45
| USD
50 (VAT excl.)

Using accounting standards as a benchmark for a neutral tax base, this article identifies tax disincentives arising from judicial doctrines in Malaysia that in effect penalize taxpayers by denying or delaying the deductibility of certain non-personal expenditures. Failure by the legislature to overturn the decisions is treated as implicit endorsement of the outcome. Each disincentive is therefore subject to conventional tax expenditure analysis to determine whether the non-revenue goals are appropriate and whether tax penalties are an effective way of achieving the desired outcomes.