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Japan Desk ジャパンデスク

JAPAN DESK
ジャパンデスク

当事務所のジャパンデスクは、長年マレーシアに在住し、日マ双 方のビジネス環境、文化、習慣を熟知したディレクターが担当して います。包括的な業界知識と、クライアントサービス経験を活か し、ローカルのプロフェッショナルチームと連携し、日系企業の皆 様にきめ細かなサービスをご提供しています。そして法令順守、業 務課題の解決、ビジネス機会の抽出と最大化、効率の向上、その成 果としての事業目標の達成に貢献いたします。
Japan has been consistently remained as one of top investors in the South East Asia region, and recognising the distinct needs of Japanese businesses, our Japan Desk is led by native Japanese who is fluent in Japanese-English and has stayed locally for a number of years, thus he understand both local and Japanese business environment, culture and customs well and is able to leverage our extensive industry knowledge and client services experiences and lead our local professional teams to work closely with Japanese companies to meet the local statutory compliances, resolve business issues, identify and maximum business opportunities, improve efficiency and eventually to achieve your business goals.
日本は、東南アジア地域において、常にトップインベスターの地位を占めています。そして、日本ビジネス特有のニーズには個別対応が必要な ことから、当事務所では日本語と英語に熟達し、かつマレーシアにて長期の実務経験を有する、日本人コンサルタントを配置しています。そし て、日本とマレーシア双方のビジネス環境、文化的特性、商習慣に対する十分な理解のもと、広範囲な業界知識と業務経験を活かし、当事務所 のローカルスタッフと連携し、日本企業向けにプロフェッショナルサービスを提供しています。そのスコープには、法令順守、業務課題の解決、 ビジネス機会の抽出と最大化、効率性改善、そしてその成果としての事業目標の達成に貢献いたします。

In addition, we organises Japanese seminars and publishes Japanese publications and newsletters regularly to ensure Japanese companies stay tune with the updated information which is essential to them to make any business decision promptly.
さらに当事務所では、日本語でのビジネスセミナーや書籍・ビジネスレターなどの定期的な発行を通して、日本企業に最新情報をお届けするこ とで、迅速かつ臨機応変な意思決定をサポートしています。

What We Do 当事務所のサービス

Our Japan Desk provides a diverse spectrum of business solutions and consulting services to Japanese client including:
ジャパンデスクでは、多岐に渡るビジネスソリューションとコンサルティングサービスを提供しています。

Audit and Assurance
監査・保証業務 アシュアランス

Offshore Advisory
オフショアアドバイス

BPO & Business Advisory
アウトソーシング(BPO)・ビジネスアドバイス

Risk & Governance Advisory
リスク・ガバナンスアドバイス

Digital Transformation & Data Analytic
デジタルトランスフォーメーション・データアナリティクス

Tax & GST Advisory
税務・GST税アドバイス

Family Office & Private Client Services
ファミリーオフィス・プライベートサービス

Transfer Pricing Advisory
移転価格アドバイス

Financial and Transactions Advisory
財務、買収合併アドバイス

US Desk
アメリカデスクサービス

Market Entry Advisory
市場参入アドバイス

Valuation Advisory
事業価値評価アドバイス

Migration Advisory
移転アドバイス

Categories
Featured Ideas & Insights

US Desk

US Desk

Thinking of going listed aboard on US Stock Exchange for either a better valuation and liquidity or gateway to international market to leverage global growth?

Our US Desk has been setup to support and facilitate those Asia-based companies interested in going listed aboard on US Stock Exchange.

Our US Desk is well connected with our member firms or strategic partners throughout the US to act as a single point of contact to manage your cross-border projects in direct coordination with your team and assist your IPO path to success in US.

What We Do

Our expertise include:
  • US GAAP Reporting including the Preparation of SEC Form, Quarterly Announcement and Annual Financial Statement in accordance with US GAAP Financial Reporting Framework;
  • Identifying Key Differences Between IFRS and US GAAP and Converting IFRS to US GAAP and Assisting in the Calculation of Necessary Adjustments;
  • Preparing Interim or Annual US GAAP and SEC Disclosure Checklist and Management Analysis and Discussions;
  • US GAAP Technical Accounting Memorandum on Complex and Unusual Accounting Transactions;
  • SOX (Sarbanes Oxley) Reporting including the setting up of COSO Framework to Address Major Elements of Internal Controls such as the Control Environment, Risk Assessment, Control Activities, Information/Communication, and Monitoring Activities to meet the requirements of 404a – Management’s Responsibility for Establishing and Maintaining Adequate Internal Control For Financial Reporting or 404b – Independent Auditor’s Responsibility for Attesting to and Reporting on Management’s Assessment of Internal Control.
  • Introducing and Pitching a Target Companies to Potentially Match with a Right SPACs (Special Purpose Acquisitions Companies) for Acquisition and Merger.
  • American National Standard Business Valuation by Certified Valuation Analyst (CVA) of National Association of Certified Valuators and Analysts (NACVA) for the purpose of Financial Reporting, Initial Public Offering (IPO), Mergers & Acquisitions (M&A) and SPACs.
Categories
Featured Ideas & Insights

Doing Business in Labuan

Doing Business in Labuan

About Labuan

Summary of Quick Facts

Location
8km off the coast from the state of Sabah, EastMalaysia, on the island of Borneo.
Land Area

92 sq. km.

Time Zone
GMT + 8 Hours.
Climate
Tropical weather with an average 30℃.
Population

95,500 comprising of a mix of Malays (50%),Chinese (40%), Indians and the indigenous people of Sabah & Sarawak, East Malaysia.

Language

Malay is the national language but English is commonly spoken.

Currency

Malaysian Ringgit (MYR).

Legal System
English Common law, British Legal System.
Constitution

Parliamentary democracy.

Economic Sector

Oil and Gas, Business and Financial Services.

Accessibility

Several daily flights to Kuala Lumpur and Kota Kinabalu with connection to USA, Europe, Asia and Australia.

Labuan Companies

Businesses in Labuan are regulated by modern Acts. These Acts enhance its competitiveness in the offering of financial product and services.

Labuan IBFC also adheres to international standards and best practices including anti money laundering and exchange information set by the Organisation of Economic Cooperation and Development. Acts which govern the businesses in Labuan as follows:-

 

  1. Labuan Business Activity Tax Act 1990 (“LBATA”)
  2. Amendment to the Labuan Business Activity Tax Act (Finance Bill 2018)
  3. Labuan Companies Act 1990
  4. Labuan Trusts Act 1996
  5. Labuan Financial Services Authority Act 1996
  6. Labuan Financial Services and Securities Act 2010
  7. Labuan Islamic Financial Services and Securities Act 2010
  8. Labuan Foundation Act 2010
  9. Labuan Limited Partnerships and Limited Liability partnerships Act 2010

Labuan companies can trade in any currencies with any countries.

Labuan Companies Characteristics

Company Name

I. Under the Labuan Companies Act 1990, the name of the company may have the word “ (L) “ as part of its name and shall also have the word:

 

  1. “Bhd” or “Berhad”, where the company name shall in addition have the word “(L)” or “(Labuan)”;
  2. “Corporation” or “Corp”;
  3. “Incorporated” or “Inc”;
  4. “Limited” or “Ltd”;
  5. “Public Limited Company” or “PLC”;
  6. “Societe Anonyme” or “Sociedad Anonima” or “S.A”;
  7. “Aktiengesellschaft” or the abbreviation “A.G”;
  8. “Naamloze Vennootscap” or the abbreviation “N.V”;
  9. “Perseroan Terbatas” or the abbreviation “P.T”.

 

II. The words “Royal”, “Bank”, “Finance”, “Fund” or “Trust” shall be avoided, except for specific business activities which required the corresponding licence(s).

Share Capital

  1. Share capital can be held in any currencies.
  2. No par value and treasury shares are allowed.

Shareholder

At least one (1) shareholder who can be either individual or corporate.

Director(s)

  1. At least one (1) Director who can be either individual or corporate.
  2. The Director(s) can be either a non-resident or resident of Malaysia.

Company Secretary

The company must have a resident secretary which can be either individual or corporate.

Registered Office

The company must have a registered office in Labuan.

Annual Return

An annual must be filed not later than 30 days from the anniversary of the date of its incorporation.

Maintain Proper Accounting Records

Yes.

Audit

The Labuan company is subject to audit.

Tax Return

Tax return must be filed within a periods of three (3) months.

Business Registration

An annual government fee is payable within 30 days immediate after the anniversary date of its incorporation.

Labuan Taxable Activities

Taxation

With effect from 1 Jan 2019, under Labuan Business Activity Tax (Requirements for Labuan Business Activity) Regulation 2018, a Labuan company carrying on a Labuan business activity is only subject to tax at the rate of 3% of net profit PROVIDED that it has fulfilled the requirement of the number of full time employees and an amount of annual operating expenditures as specified in the Schedule below:
Labuan Company Carrying on a Labuan Business Activity
Minimum Number of Full Time Employees in Labuan
Minimum Amount of Annual Operating Expenditure in Labuan (RM)
Labuan Insurer, Labuan reinsurer, Labuan takaful operator or Labuan retakaful operator
4
150,000
Labuan underwriting manager or Labuan underwriting takaful manager
4

100,000

Labuan insurance manager or Labuan takaful manager
4

100,000

Labuan underwriting manager or Labuan underwriting takaful manager
4

100,000

Labuan captive insurer or Labuan captive takaful
4

100,000

Labuan International Commodity Trading Company

3

3,000,000
Labuan bank, Labuan investment bank, Labuan Islamic bank or Labuan Islamic investment bank

3

180,000

Labuan trust company

3

120,000
Labuan leasing company or Labuan Islamic leasing company

2

100,000
Labuan credit token company or Labuan Islamic credit token company

2

100,000
Labuan development finance company or Labuan Islamic development finance company

2

100,000
Labuan building credit company or Labuan Islamic factoring company

2

100,000
Labuan factoring company or Labuan Islamic factoring company

2

100,000
Labuan money broker or Labuan Islamic factoring company

2

100,000
Labuan fund manager

2

100,000
Labuan securities licensee or Labuan Islamic securities license

2

100,000
Labuan fund administrator

2

100,000
Labuan company management

2

100,000
Labuan International Financial Exchange

2

120,000

Self-regulatory organisation or Islamic self-regulation organisation

2

120,000

Holding company

2

50,000

Income derived from intellectual property rights is subject to tax at the rate of 24% under the Income Tax Acts (“ITA”).

 

With effect from 1 Jan 2019, under Income Tax (Deductions Not Allowed for Payment Made to Labuan Company by Resident) Rules 2018, the following type of payments made to a Labuan company by a company resident in Malaysia are not entitled to a tax deduction:

Type of payment
Minimum Amount of Annual Operating Expenditure in Labuan (RM)
Interest payment
33%
Lease rental
33%
Other payments
97%

Tax Exemption

The source of income is exempted from income tax as follows:-

 

  1. Dividend paid out of the income derived from the Labuan Business Activities is not subject to tax.
  2. Interest or technical and management fee paid by a Labuan company to a non-resident person or a resident person or another Labuan company is not subject to withholding tax.

Tax Incentives (until to Year of Assessment 2020)

  1. Tax exemption on Director fees received by a non-citizen individual in his capacity as a Director of a Labuan company.
  2. Tax exemption on 50% of gross income received by a non-citizen individual from exercising employment in Labuan with Labuan company in managerial function in Labuan or at its marketing or co-located offices approved by Labuan Financial Services Authority.
  3. Tax exemption on 50% of gross housing and Labuan territory allowances received by Malaysian citizen from exercising employment in Labuan with a Labuan company.

Stamp Duty Exemption

The following activities are exempted from stamp duty:-

 

  1. All Memorandum and Articles of Association of a Labuan company.
  2. All instrument executed by a Labuan company in connection with a Labuan business activities, including transfer of shares in a Labuan company.

Double Taxation Agreements

Malaysia has entered into Double Taxation Agreements with various countries as follows:-

Albania, Republic

Germany

Mongolia

South Africa
Argentina ^
Hong Kong
Morocco
Spain

Australia

Hungary

Myanmar

Slovak Republic

Austria

India

Namibia

Sri Lanka

Bahrain

Indonesia

Netherlands

Sudan

Bangladesh

Ireland

New Zealand

New Zealand

Belgium

Islamic Republic of Iran

Norway

Switzerland

Bosnia & Herzegovina *

Italy

Pakistan

Syria

Brunei

Japan

Papua New Guinea

Taiwan #

Canada

Jordan

Philippines

Thailand

Chile

Kazakhstan

Poland

Turkey

China, People’s Republic

Korea, Republic

Qatar

Turkmenistan

Croatia

Kuwait

Romania

United Arab Emirates

Czech Republic

Kyrgyz, Republic

Russia

United Kingdom

Denmark

Laos

San Marino

United States of America ^

Egypt

Lebanon

Saudi Arabia

Uzbekistan

Fiji

Luxemburg

Senegal *
Venezuela

Finland

Malta

Seychelles

Vietnam

France

Mauritius

Singapore

Zimbabwe*

* Gazette Double Taxation Agreements

^ Limited Agreements

# Income Tax Exemption Order

Currently, Labuan has been specifically excluded from Double Taxation Agreement with the countries as follows:-

Australia

Japan

South Africa

Seychelles

Chile

Luxembourg

Spain

United Kingdom

Indonesia

Netherlands

Sweden