Business

Deloitte calls on finance leaders to review potential tax exposure

Managing potential risks need to happen proactively before transition, execution of agreements

Updated 5 years ago · Published on 05 May 2021 6:00PM

Deloitte calls on finance leaders to review potential tax exposure
Potential transfer pricing implications should be considered where a transition impacts intra-group transactions, says Deloitte. – EPA pic, May 5, 2021

KUALA LUMPUR – Finance and tax leaders are urged to undertake an extensive review of their existing financial instruments to address potential tax exposure comprehensively.

In a statement today, Deloitte Malaysia said managing potential financial impacts and tax risks need to happen proactively before the transition or execution of documents and agreements.

“Where the transition impacts intra-group transactions, the potential transfer pricing implications should also be considered,” said its financial services industry tax leader Mark Chan and transfer pricing leader Subhabrata Dasgupta.  

Meanwhile, they highlighted that Interbank Offered Rates (IBORs), including the London Interbank Offered Rate (LIBOR), play a key role in financial markets in underpinning trillions of dollars in the notional value of financial products.

“Work is under way in multiple jurisdictions to enable the transition of risk-free rates (RFRs) for the interest rate index used in calculating floating or adjustable rates for loans, bonds, derivatives, and other financial contracts.

“RFRs that are alternatives to LIBOR include the Sterling Overnight Index Average benchmark. While the LIBOR transition is not a taxing event, the way the transition is undertaken could result in tax exposure,” they said.

Modifying or replacing a contract with substantially different terms and/or the de-recognition and subsequent recognition of a new instrument could give rise to profit and loss (P&L) adjustments.

“To ensure potential disputes with tax authorities both in Malaysia and the counterparty’s jurisdiction are amicably addressed, the taxability of these P&L adjustments should be taken early into consideration.

“Where these adjustments result in one-time payments, the nature of these payments and receipts should be considered to determine if withholding taxes are applicable,” they said.

“There is also the question as to whether (if at all) stamp duty would be applicable on the modified contracts.”

They noted that it is not uncommon that these instruments fall outside the purview of the organisation’s tax and finance department, given that the custodians of these documents are often the treasury or legal department. – Bernama, May 5, 2021

Related News

Notes / 3mth

Penang council confident of meeting assessment tax target this year

Opinion / 6mth

A UN tax convention is key to stopping offshore secrecy

Opinion / 10mth

A tale of two administrations: How Warisan and GRS shaped Sabah’s future

Malaysia / 10mth

Special tax relief encourages domestic tourism in conjunction with VMY2026 - PM (UPDATED)

Malaysia / 1y

MACC busts tobacco, cigar smuggling syndicate – tax revenue losses of over RM250m

Malaysia / 1y

Govt cancels high-value goods tax implementation - MOF

Spotlight

World

Series of explosions, fires hit three southern Thai provinces

Opinion

One more temple falls: The destruction of Malaysia’s soul?

Opinion

Why is Israel pushing toward confrontation with Türkiye?

Malaysia

‘Uncle Anwar’ sends representative to children’s entrepreneurs day in Subang Jaya

Malaysia

‘Look at temple dispute based on facts and laws’ – DAP reps tell Rayer

By Alfian Z.M. Tahir

Malaysia

Malaysia, Brunei set deadline to demarcate boundary, enhance border security

Malaysia

Police probe indecent act allegedly targeting woman in Sungai Petani

Malaysia

Sarawak postpones three major programmes over haze concerns

You may be interested

Business

Govt rules out RM7.5b Datasonic takeover amid identity security concerns