Under the Rules, QPE refers to a capital expenditure incurred under paragraph 2 of Schedule 3 to the Income Tax Act 1965 (“
ITA”) in relation to provision of machinery and equipment including ICT Equipment except motor vehicle.
6 According to the Rules, ICT Equipment includes the following equipment:
It should however be noted that a person who has previously been eligible for and claimed ACA in respect of the same QPE, be it a claim for deduction under the
Income Tax (Accelerated Capital Allowance) (Automation Equipment) Rules 20178 or an exemption under the
Income Tax (Exemption) (No. 8) Order 20179 will
not be eligible to claim ACA under the Rules.
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Further, the Rules include
a deeming provision relating to hire purchase agreement. It provides that where a person incurs QPE under a hire purchase agreement for the purchase of machinery and equipment including ICT Equipment for business purposes, that person shall be treated as the owner of such machinery and equipment including ICT Equipment and the QPE incurred by that person shall be taken to be the capital portion of any instalment payment, or where there is more than one such payment, of the aggregate of those payments made by that person under the hire purchase agreement.
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Comments
As the recently gazetted Rules have effect from the YA 2020 and apply to QPE incurred on machinery and equipment including ICT Equipment for business purposes from 1 March 2020 onwards (until 31 December 2021), persons (including companies
12) who are eligible to claim the ACA under the Rules and have filed their tax returns for the YA 2020 may revise their tax computations and submit an amended tax return to claim the ACA. Such revision must be done by 31 December 2026.
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Alert prepared by Dickson Chia Chung Ming (Associate) of the Tax Practice Group of Skrine