专业文章丨中马投资协定下的税收优惠解析

Core Insights - Since the establishment of diplomatic relations in 1974, economic and trade cooperation between China and Malaysia has deepened, with bilateral trade reaching 177 billion USD in 2023, making Malaysia China's largest trading partner in ASEAN for 14 consecutive years [2][3] - The expansion of Chinese investments in Malaysia, exceeding 8 billion USD in 2023, has made tax costs and compliance risks central to business decisions [2][3] - The China-Malaysia Tax Treaty and Malaysia's local tax incentives provide institutional tools for enterprises to reduce tax burdens and avoid double taxation [2][3] Tax Administration Structure and Taxation Principles - Malaysia operates a federal and state tax distribution system, with the federal government responsible for major taxes like income tax and tariffs, while state governments collect local taxes [4][5] - The country adopts a territorial taxation principle, taxing only income sourced from Malaysia, which aligns well with the global operational model of Chinese enterprises [6] Core Tax Types and Rates - Malaysia's tax structure includes corporate income tax, personal income tax, and sales and services tax (SST), with specific rates outlined for each [9] - Corporate income tax is set at a standard rate of 24%, with a reduced rate of 17% for small and medium enterprises [9] Analysis of the China-Malaysia Tax Treaty - Tax resident status is essential for enjoying treaty benefits, applicable only to residents of one or both contracting states [10][11] - The treaty outlines rules for determining permanent establishment (PE), which is crucial for taxing non-resident enterprises [14][15] - Withholding tax rates for cross-border payments are set lower than Malaysian domestic law, providing tax incentives for dividends, interest, and royalties [16][17] Practical Application of Tax Preferential Policies - Malaysia has introduced the "New Investment Incentive Fund" (NIIF) to attract foreign investment, offering various tax incentives for emerging industries and capital expenditures [22][23] - A practical case illustrates how a Chinese enterprise can significantly reduce its tax burden by applying for preferential tax statuses [24] Conclusion - The China-Malaysia tax treaty and local tax incentives offer significant opportunities for Chinese enterprises to optimize their tax strategies and navigate compliance requirements [27][28]