INTRODUCTION Legal cost is a mythical concept which has posed as one of the fear factors in legal proceedings as it has often been stigmatised to come with a premium price tag. However, the incurring of legal costs to claim / defend trade disputes can help to save taxes under the Income Tax Act 1967 (“ITA”). There are primarily two ways which are respectively direct and indirect in nature: Direct – Legal costs in connection with trade dispute as deductible expenses Under Public Ruling No. 6/2006 on Tax Treatment of Legal and Professional Expenses issued under ITA, it has been prescribed that legal expenses incurred in certain scenarios are deductible expenses such as, inter alia: recovering trade debts from customers (normally contractual in nature); a finance company renewing existing loans; defending a person’s title to the ownership of an asset that is used in the business; litigation costs incurred on renewal of a lease by a landlord; defending a claim in relation / arising from your trade / business / profession, unless the breach is deliberate and / or dishonest; Legal cost incurred in disputes over trading contracts; Legal costs incurred by developer for transfer / sub division / conversion […] read more 
HOW LEGAL COSTS CAN SAVE TAXES
INTRODUCTION Legal cost is a mythical concept which has posed as one of the fear factors in legal proceedings as it has often been stigmatised to come with a premium price tag. However, the incurring of legal costs to claim / defend trade disputes can help to save taxes under the Income Tax Act 1967 (“ITA”). There are primarily two ways which are respectively direct and indirect in nature: Direct – Legal costs in connection with trade dispute as deductible expenses Under Public Ruling No. 6/2006 on Tax Treatment of Legal and Professional Expenses issued under ITA, it has been prescribed that legal expenses incurred in certain scenarios are deductible expenses such as, inter alia: recovering trade debts from customers (normally contractual in nature); a finance company renewing existing loans; defending a person’s title to the ownership of an asset that is used in the business; litigation costs incurred on renewal of a lease by a landlord; defending a claim in relation / arising from your trade / business / profession, unless the breach is deliberate and / or dishonest; Legal cost incurred in disputes over trading contracts; Legal costs incurred by developer for transfer / sub division / conversion […] read more The illegal moneylending issues in Malaysia
Unlicensed moneylending is a serious issue and it has long existed in Malaysia. In Malaysia, moneylending is governed under the Moneylenders Act 1951 (as updated in 1st May 2015). There are huge numbers of moneylenders in Malaysia including Sarawak. As such, it is not a surprise that there are thousands of ways or methods used by those unlicensed moneylenders to advertise their businesses in Sarawak. Commonly, unlicensed moneylenders advertise their businesses by giving name cards and leaflets with some attractive rate of interest and even cashback voucher to increase their business profits. Some even put their advertisement in public places especially in market places and shop lots. So are they allowed to charge interest for money lending or loans to their family members or friends? The law has strictly prohibited unlicensed moneylender to charge even a cent from our friends and family. Even though the public know it is illegal to get loans from them, they would still take the risk because of taking into account factors such as the urgency of situations and the process to get loans or money is easier than licensed moneylender or banks. Pursuant to Section 2 of Moneylenders Act 1951 (as updated in 1st […] read more
CAPITAL PUNISHMENT IN MALAYSIA – DEATH PENALTY
The Death Penalty is immoral and hypocritical. The late and great Indian leader, Mahatma Gandhi, once said, “An eye for an eye will make the whole world blind.” There is no arguing that crimes associated with the death penalty–such as premeditated murder–are reprehensible. However, if we are to agree that taking the life of another human being can be categorized as the upmost heinous of acts, how can we justify treating such a crime with a punishment that mirrors the very thing we so adamantly condemn? It is because of this that support of the death penalty can be deemed as moral hypocrisy. Despite the moral hypocrisy of death penalty, Malaysia still retains capital punishment and Malaysia is one of the 32 countries that still provides for death penalty. The hypocrisy of the governments who still retain the death penalty could also be seen when their citizens were sentenced to death for crimes committed in foreign countries – they condemn or plead to the country concern to commute the sentence. In Malaysia, death penalty is a mandatory punishment for murder, drug trafficking, treason, and waging war against Yang Di-Pertuan Agong (the King). In 2003 the Penal Code […] read more TORT IN AUTO ACCIDENT
Tort is one of the major divisions of law. Unlike a crime which is a public wrong. Tort is defined as a “civil wrong” and in auto accident Tort Law allows the injured person or his dependents to sue the wrong-doer for damages and losses incurred as a result of the auto accident. What should I do after my auto accident? Auto Accident – First Step Get medical attention immediately Make sure your immediate injuries are taken care of, as well as a full checkup to identify any potential injury you might not notice after the shock of an accident. Follow your doctors’ advice Complete all recommended therapy and take all medications as your doctor prescribes. Keep all records Do not trust your memory. Write down facts including injuries to persons injured, the other driver’s name, license number, date of birth, and insurance company information, names and telephone contacts of any witness at the scene, identities of other driver’s car, police and investigator information. Take photographs of the accident scene including skid marks and also take distance measurements of cars and objects. Keep a diary Make a detailed note of everything about the accident as soon […] read more SHOULD YOU ENGAGE LAWYERS IN CRIMINAL CASES?
The truth is, no matter how smart or well educated you are, the criminal justice system makes it virtually impossible to do a competent job of representing yourself. Each criminal case is unique, and only a specialist criminal lawyer who is experienced in assessing the particulars of a case—and in dealing with the many variables that come up in every case—can provide the type of representation that every criminal defendant needs to receive if justice is to be done. Having said that, the choice is yours and it is your right to decide whether or not you wish to have the services of a lawyer to defend you. Under the law, no one could obstruct you to be represented by a lawyer. Your right to be represented by a lawyer of your choice starts from the time you are put under arrest. Instead of having service of a lawyer only, you are also allowed to assemble a team of lawyers to defend you, if you wish and have the resources to do so. Once you are arrested for a serious crime, most often than not, the arresting officer may wish to detain you. You may be detained exceeding 24 hours […] read more
Why You Need To Retain Lawyers in your Business?
The reasons for hiring a lawyer to advise you the legal aspects of your business are apparent. A skilful lawyer will provide your company with all vital assistance your business may need from copyright and trademark advice to formal incorporation of your business. Your lawyer can also advise you of possible lawsuits and liabilities your company is facing in your business. Don’t wait until being sued and then get a lawyer. Matters will be very complicated by then and it can be very costly after being sued. You need to remember that it is easy to get into court, but, very difficult to get out of court once you are entangled with legal problems affecting your business. You may need to know on how to hire or retain a lawyer on monthly or annual basis to keep your company out of trouble. It is not expensive to retain a lawyer that way, but, it will be a very expensive affair once you are in court. Whether your company is big or small, it doesn’t matter, but, the larger you company is, the more problems your company will face. You may need lawyers to advise you on your company’s lawsuits, to […] read more
