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TNB granted leave for judicial review on RM291.6mil tax bill
TNB granted leave for judicial review on RM291.6mil tax bill

The Star

timea day ago

  • Business
  • The Star

TNB granted leave for judicial review on RM291.6mil tax bill

PETALING JAYA: The High Court granted leave to Tenaga Nasional Bhd (TNB), through its subsidiary TNB Western Energy Bhd, to commence judicial review against the Inland Revenue Board (IRB) in relation to a tax assessment totalling RM291.6mil for the financial year ended December 2018. In a filing with Bursa Malaysia, TNB said it was also granted an interim stay of all further proceedings, including the enforcement of the assessment notice, until the disposal of the substantive hearing. The High Court scheduled a case management on Aug 5 for further directions. Earlier this month, the Federal Court ruled in favour of the IRB concerning an additional tax assessment, also for the year 2018. The court overturned earlier High Court and Court of Appeal decisions that had favoured TNB, reinstating a tax bill initially set at RM1.81bil, which was reduced to RM1.25bil after a penalty remission in December 2020. The ruling clarified that TNB, as a utility company, should claim tax relief under Schedule 7B (Investment Allowance) of the Income Tax Act 1967, not Schedule 7A (Reinvestment Allowance) meant for manufacturers. This decision could lead to a total tax liability of RM5.05bil for TNB for the years 2013 to 2018, with potential additional assessments for 2020 and 2021. TNB is assessing the financial impact, which may affect its earnings and net assets for 2025, and plans to pursue Investment Allowance claims under Schedule 7B. The ruling sets a precedent for TNB's tax obligations but is not expected to impact its operations.

Federal Court rules in favour of IRB in TNB tax assessment case
Federal Court rules in favour of IRB in TNB tax assessment case

The Sun

time02-07-2025

  • Business
  • The Sun

Federal Court rules in favour of IRB in TNB tax assessment case

PUTRAJAYA: The Federal Court has ruled in favour of the Inland Revenue Board of Malaysia (IRB) regarding an additional tax assessment notice issued to Tenaga Nasional Berhad (TNB) for the year 2018. The decision overturns previous rulings by the High Court and Court of Appeal, which had sided with TNB in its judicial review application. TNB disclosed in a Bursa Malaysia filing that the initial tax assessment notice dated July 13, 2020, amounted to RM1.81 billion. However, after a penalty remission granted by IRB in December 2020, the net amount was reduced to RM1.25 billion. The company noted that this adjustment aligns with its earlier announcements made between 2020 and 2025. The court determined that TNB, as a utility company, falls under Schedule 7B of the Income Tax Act 1967, which pertains to Investment Allowance, rather than Schedule 7A for Reinvestment Allowance. TNB stated it will now pursue claims under Schedule 7B. While the ruling may negatively affect TNB's earnings and net assets for the financial year ending December 31, 2025, the company clarified that its day-to-day operations will remain unaffected. TNB is currently evaluating the full financial implications of the decision.

Federal Court rules in favour of IRB in tax appeal against TNB
Federal Court rules in favour of IRB in tax appeal against TNB

The Star

time02-07-2025

  • Business
  • The Star

Federal Court rules in favour of IRB in tax appeal against TNB

The Inland Revenue Board logo seen at its branch in Damansara Perdana. - AZHAR MAHFOF/The Star KUALA LUMPUR: The Federal Court today allowed the Inland Revenue Board's (IRB) appeal to reinstate an additional tax assessment of RM1.25bil against Tenaga Nasional Bhd (TNB) for the 2018 assessment year, following a penalty remission from the original RM1.8bil notice. In a filing with Bursa Malaysia, the utility giant said the Federal Court allowed the IRB's appeal against earlier decisions by the High Court and Court of Appeal, which had favoured TNB's judicial review to set aside the tax notice. TNB said it is currently assessing the full impact of the decision. The Federal Court held that as a utility company, the applicable schedule is 7B, namely Investment Allowance, instead of 7A Reinvestment Allowance. Accordingly, in light of the Federal Court's decision, TNB will be pursuing to claim for the Investment Allowance under Schedule 7B. 'This decision has a potential negative financial impact on the earnings and net assets of the company and group for the financial year ending Dec 31, 2025. However, the decision is not expected to have any operational impact on the company and group,' TNB said. The case originated when, on July 3, 2020, the IRB through a letter informed TNB that the RA that it had claimed for the year of assessment 2018 was disallowed and then issued a notice of additional assessment on July 7, 2020, to the amount of RM1.812bil. Subsequently, TNB filed a judicial review that same year over the imposition of the RM1.812bil as an additional assessment to be paid by the national utility company. However, this sum has been reduced to RM1.25bil at a discounted rate.

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