Labuan Company

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Labuan Company | Malaysia

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Labuan is a federally administered jurisdiction in eastern Malaysia, located on the island in the South China Sea in eastern Malaysia. The Malaysian government announced in October 1990 that it is committed to the development of Labuan Island as an international financial center.

Therefore, some investment clients will set up a company in Labuan or company registration in Labuan. Malaysia has a good reputation in the international arena and is a member of APEC, ASEAN, WHO, IFC and IMF, and the UN. It is also a member of the Asia/Pacific Group on Money Laundering. At the same time, it has the same time zone and convenient transportation because it is in the center of Asia. English and Malay are the main languages, and the legal currency is Ringgit.

 

Labuan Company Formation

  1. The Labuan area has a low tax rate. If it is trading income, it only pays 3% tax or MYR 20,000. If you are engaged in non-trade activities such as investment in bonds, stocks, deposits, etc., foreign companies are tax-free.
  2. Annual government fees and secretarial company management and address fees must be paid
  3. The company must have a registered office in Labuan to keep all the files required.
  4. No business project restrictions except for licensed industries such as finance, insurance, and fiduciary investment.
  5. The company name can be named by yourself, and the Chinese name can be added.
  6. At least one director's share, which may be a natural or legal person, with no restrictions on nationality (except for high-risk countries).
  7. Shares of different categories and different interests may be issued, but bearer shares are not allowed. Shares can be settled in any currency, except for Malaysian Ringgit (MYR).
  8. There must be a company secretary in the local agency to communicate with the government.
  9. Labuan is not a tax-free company and must maintain complete accounting information. If the company engages in trading activities and adopts a 3% tax rate, an auditor may be assigned to audit the company's account.
  10. Tax declaration must be completed by March 31 of the fiscal year.
  11. The transaction between Labuan and Malaysian residents no longer requires prior approval (but it is necessary to notify Labuan FSA after the transaction).
  12. There is no minimum equity limit. In addition to Malaysian Ringgit, the share capital can be used in any other currency. Companies can also issue different share classes in response to different dividend rights. The establishment of a company requires at least one shareholder, and the shareholder can be an individual or a company and does not need to be a resident in Malaysia.
  13. The annual returns produced in the prescribed form need to be reported within 30 days of the company's anniversary in each reporting year and need to be updated to a minimum of 14 days before the reporting date.

 

Advantages of Labuan Company Formation

  1. 100% ownership and control - foreigners will have full Malaysian business.
  2. The tax rate is less than RM20,000 for fixed tax or 3% for audited net profit.
  3. Establish minimum requirements - one director and one shareholder.
  4. Director's fees or dividends are not taxed.
  5. Investment holding company does not need to pay taxes or audit.

 

In addition to assisting customers to set up a company in Labuan, Inter area professional service provider can provide customers with substantial needs, such as information preparation, business appointment arrangements, and commissioner accompaniment, such as bank account assistance, international accountant, and lawyer verification.

 

The advantages of registration for Labuan company are as follows:

Activity Description

Taxation method

Non-trade activity in Labuan

Investment activities of securities, stocks, shares, loans, deposits or other industries held by Labuan Holdings entities or in their name.

No tax

Trade activity

This includes banking, insurance, trade, management, shipping operations, licenses or other non-trade activities that are not Labuan.

3% of the net profit of the audited accounts per year, or a fixed rate of MYR 20,000 per year.

Working together on trade and non-trade activities

Considered as a trade activity

3% of the net profit of the audited accounts per year, or a fixed rate of MYR 20,000 per year.

Non-commercial activities

Taxation under the Malaysian Income Tax Act of 1967 — 24%.

 

 

There are four tax options in Labuan

  1. Investment holding company: no tax, no audit required.
  2. Trade, export and import companies: There are only a 3% net profit tax and the required audit report.
  3. Trading company: This type of company can choose to pay a one-time tax of MYR 20,000 ($5,000) without a 3% profit tax.
  4. Non-trading company: For non-trading companies with the only source of income outside Malaysia, no tax is required and no audit is required.

Offshore non-trading activities are the non-commercial activities of overseas investment holding companies or overseas establishments of Malaysian companies. The overseas investment and holding of stocks, securities, and real estate are of this form. Generally speaking, Taiwanese companies rely on the overseas holding company to invest in the mainland to set up factories. This type of business activity is tax-free in Labuan.

Offshore trading activities are to engage in related commercial activities other than investment holdings by companies in Labuan, such as trading companies, management consultants, insurance and trust companies that employ personnel in Labuan, or use them abroad. The collection of royalties and patents is also the case, in which case the tax is paid as follows.

l  3% of the camp’s net profit

l  Regardless of the number of profits and turnover, RMB 200,000 is paid annually (US$7,400, HK$695,200, NT$236,800).

 

The documents prepared by the overseas company in Labuan

  1. A company director/shareholder is required to register and the company's directors/shareholders are not limited to nationality. They can be natural or legal persons.
  2. Anonymous directors and shareholders (non-contact persons) may be appointed at Labuan.
  3. There is no upper or lower limit on the amount of registered capital, which can be calculated in US dollars or Malaysian currency.
  4. The establishment of Labuan is quick and convenient, and it is only 14 working days to complete the company.
  5. The first year of government fees for Labuan overseas companies will have different fees according to the amount of registered capital according to the registered capital. In the second year, regardless of the amount of capital registered, the fees are all uniform.
  6. A registered address, local agent and secretary are required in Labuan.
  7. Labuan Company shall hold annual directors and shareholders' meetings, and the venue and manner of its holding may be held by the directors/shareholders in their most appropriate form.
  8. Tax report is required every year.

The name of the company is in English and the name can be: Ltd., Corp., Inc, Bhd, Gmbh, Sdn Bhd, etc.

 

Overseas income exemption in Labuan

l  No indirect taxes – Labuan enjoys the status of a free port. Therefore, indirect taxes do not apply locally.

l  Stamp Duty – Instruments related to Labuan’s business activities are exempt from stamp duty.

l  Collection of Labuan Entities – Income from the following entities can be waived.

  1. Dividends received by offshore companies.
  2. Dividend income from offshore business activities, paid, credited or waived offshore business activities or proceeds obtained.
  3. The distribution received by the beneficiary from the offshore trust.
  4. Interest received by a resident individual from an offshore company (except for those operating under the Banking and Financial Institutions Act 1989, the Islamic Banking Act 1983, the Insurance Act 1996 or Takaful Act 1984)