INLAND REVENUE BOARD MALAYSIAPROPERTY DEVELOPMENTPublic Ruling No. 1/2009Date of Issue: 22 May 2009
Issue:
B
Page 1 of 47
1. This Ruling explains the basis of determining gross income for the purpose ofcomputing adjusted income derived from the business of propertydevelopment.2. The provisions of the Income Tax Act 1967 (ITA) related to this Public Rulingare paragraphs 4
(a)
and 23
(a)
, section 24, subsections 33(1) and 33(2),sections 35, 39 and 91 of the ITA.3. The words used in this Ruling have the following meanings:3.1 “Development units” means units of residential, commercial orindustrial building and vacant lots developed for sale;3.2 “Progress payments” means amounts billed for work performed onproperties sold in respect of property development activities, whetheror not they have been paid;3.3 “Project” means a cluster of development units erected within adesignated geographical area forming a cost-accumulating centre andincludes vacant lots developed for sale, and where a cluster ofdevelopment unit is erected in more than one phase, the developmentunits erected in each phase shall be treated as a separate cluster ofdevelopment units erected within a designated geographical area;3.4 “Property developer” means a company, an individual, a partnership,a co-operative society, a body of persons, who or which engages in orcarries on or undertakes or causes to be undertaken propertydevelopment;3.5 “Property development” means the activity of acquiring land for thepurpose of developing, constructing or causing to be constructedthereon and selling completed residential, commercial or industrialbuildings, whether as a whole or by parcels therein, and developmentand sale of vacant lots for the construction of such buildings thereonincluding homesteads, hobby farms, orchards or for other similarpurposes;3.6 “The DGIR” refers to the Director General of Inland Revenue BoardMalaysia.4.
Date of commencement of business
4.1 The date of commencement of a property development business is aquestion of fact. Generally, the DGIR deems a property developmentbusiness commences on a date when some significant activities or
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