The Inland Revenue Board of Malaysia (HASiL) has issued its Practice Note No. 1/2023 dated 15 June 2023 to explain the tax treatment on foreign exchange (forex) gains and losses, under the principles set-out in the Public Ruling No. 12/2019 and MFRS 121 Guidelines, for a chargeable person under the Petroleum (Income Tax) Act 1967 (PITA) as follows:

Forex gains/losses arising from:

Tax treatment

1. Forex transaction in petroleum operations that are revenue in nature and are realised

Such gains or loses shall be subject to tax or allowed as a deduction under S.15(1) of the PITA.
2. Forex transactions in petroleum operations that are revenue in nature and are unrealised

Such gains or losses shall neither be subject to tax nor allowed as deduction under S.15(1) of the PITA imntil they are realised.

3. Forex transactions in petroleum operations that are capital in nature whether realised or unrealised

Such gains or losses shall neither be subject to tax nor allowed as deduction under S.15(1) of the PITA.

4. Translation of the functional currency to the presentation currency in the financial statements for accounting purposes

Such gains or losses shall neither be subject to tax nor allowed as deduction under S.15(1) of the PITA.

 

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