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Corporate Service - Malaysia

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Q&A on Annual Compliance for Labuan Companies

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Q: Does a Labuan Company need to file financial statements?
A: Yes. The financial statements are required to be laid before the meeting of members not more than 9 months from the closing of financial year end. The said financial statements shall be circulated to all members not less than 7 days before the date of meeting and shall be lodged with Labuan Financial Services Authority (LFSA) within 1 month from the date of the said meeting of members.

Q: Does a Labuan Company need to pay any renewal fee to LFSA?
A: Yes. The annual renewal fee is payable to Labuan FSA on or before the anniversary of incorporation.

Q: Are there any economic substance requirements for a Labuan company?
A: Section 2B(1)(b) of the Labuan Business Activity Tax Act 1990 (“LBATA”) stipulates that Labuan entities must:
  1. maintain a sufficient number of full-time employees in Labuan;
  2. incur an adequate level of annual operating expenditure in Labuan; and/or
  3. demonstrate that management and control are exercised in Labuan.

Q: Does a Labuan Company need to pay corporate tax in Malaysia?
A: Yes. Labuan companies are required to submit annual tax return with the Malaysian Director General of Inland Revenue by 31 March of that year of assessment.

Q: When does a Labuan company need to file its annual return?
A: All Labuan companies are required to lodge with LFSA an annual return for each calendar year not later than 30 days prior to the anniversary of its incorporation date.

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