Can interest expense be deducted?

Can interest expense be deducted?
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The accountant helps the boss to deduct interest expense on new warehouse for own business. Boss wants to buy new warehouse. But worry about the tax deduction on new borrowing on the proposed warehouse.

Interest definition as per IRBM

The return or compensation for the use or retention by a person of a sum of money belonging to or owed to another.

Tax treatment of interest expense

Deductibility of interest expense under paragraph 33(1)(a), in ascertaining the adjusted income of a person from a source for the basis period for a year of assessment, interest incurred and payable on money borrowed by that person and -

(i) employed in that period in the production of gross income from that source; or

(ii) laid out on assets used or held in that period for the production of gross income from that source

Example on interest expenses is an allowable expense

ABC Sdn Bhd which closes its account on 31 December every year borrowed RM10 million from Maybank in March 2008 to build a new factory for its own use.

The building is expected to be completed in January 2010.

Although the building has not yet been completed in the years 2008 and 2009, the interest expense incurred by the company in those years are allowed a deduction from its gross business income for the years of assessment 2008 and 2009 respectively.

The loan was laid out on asset held for the production of income.

Borrowing not used in business

Borrowed money not wholly and exclusively used in business like investment in property, shares, securities, interest free loan..

Interest is not deductible expenses

Pre-commencement of business

A person would not be given any deduction on the interest expense which he has incurred on borrowed money to construct a building or plant prior to commencement of his business.

Source : IRBM Public Ruling 2/2011 Interest Expense and Interest Restriction

 

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