05/05/2026
โ ๏ธ ๐ ๐ฐ๐ผ๐บ๐ฝ๐ฎ๐ป๐ ๐ฟ๐ฒ๐ป๐๐ฒ๐ฑ ๐ผ๐๐ ๐ญ๐ฐ ๐ฝ๐ฟ๐ผ๐ฝ๐ฒ๐ฟ๐๐ถ๐ฒ๐. ๐๐น๐ฎ๐ถ๐บ๐ฒ๐ฑ ๐๐ต๐ฒ ๐ถ๐ป๐ฐ๐ผ๐บ๐ฒ ๐๐ฎ๐ ๐ฎ ๐ฏ๐๐๐ถ๐ป๐ฒ๐๐. ๐๐ผ๐๐ ๐ถ๐ป ๐ฐ๐ผ๐๐ฟ๐ โ ๐๐๐ถ๐ฐ๐ฒ.
Hereโs what happened and what it means for your company.
๐ ๐ง๐ต๐ฒ ๐๐ฎ๐๐ฒ
Glenmarie Estates Sdn Bhd, a nonโlisted investment holding company, owns 14 properties that were all rented out. The company filed its rental income as business income under ๐ฃ๐ฎ๐ฟ๐ฎ๐ด๐ฟ๐ฎ๐ฝ๐ต ๐ฐ(๐ฎ) ๐ผ๐ณ ๐๐ต๐ฒ ๐๐ป๐ฐ๐ผ๐บ๐ฒ ๐ง๐ฎ๐
๐๐ฐ๐ ๐ญ๐ต๐ฒ๐ณ โ which allows more expenses to be deducted, capital allowances to be claimed, and losses to be carried forward.
LHDN assessed it differently.
The Special Commissioners of Income Tax dismissed the appeal in July 2023.
The High Court of Kuala Lumpur dismissed it again on ๐ฎ๐ฎ/๐ฌ๐ฐ/๐ฎ๐ฌ๐ฎ๐ฒ.
๐ ๐ช๐ต๐ ๐๐ ๐๐ผ๐๐
Under Public Ruling No. 12/2018, rental income is only treated as business income if the owner provides maintenance and support services that are ๐ฐ๐ผ๐บ๐ฝ๐ฟ๐ฒ๐ต๐ฒ๐ป๐๐ถ๐๐ฒ ๐ฎ๐ป๐ฑ ๐ฎ๐ฐ๐๐ถ๐๐ฒ.
The court found two problems:
โ The tenancy agreements did not require the company to provide comprehensive maintenance
โ Services were only provided when tenants made a request or complaint โ reactive, not active
Reactive services do not meet the standard.
The label โwe do maintenanceโ means nothing without substance behind it.
๐ ๐ง๐ต๐ฒ ๐๐
๐๐ฟ๐ฎ ๐ฅ๐ถ๐๐ธ ๐ณ๐ผ๐ฟ ๐๐ป๐๐ฒ๐๐๐บ๐ฒ๐ป๐ ๐๐ผ๐น๐ฑ๐ถ๐ป๐ด ๐๐ผ๐บ๐ฝ๐ฎ๐ป๐ถ๐ฒ๐
For propertyโholding companies, the standard applied is stricter.
Where rental activity is closely tied to investment holding, classification risk increases, and assumptions are more likely to be challenged.
๐ ๐ช๐ต๐ฎ๐ ๐ง๐ต๐ถ๐ ๐ ๐ฒ๐ฎ๐ป๐ ๐ถ๐ป ๐ฃ๐ฟ๐ฎ๐ฐ๐๐ถ๐ฐ๐ฒ
Getting the classification wrong has real consequences:
โ ๏ธ Expenses disallowed โ only direct expenses are deductible
โ ๏ธ Capital allowances not claimable
โ ๏ธ Rental losses cannot be carried forward or set off against other income
โ ๏ธ Additional assessments from LHDN
Many property owners only realise this after a review or challenge starts.
If your rental income has been treated as business income, it is worth reviewing whether the facts and documentation truly support that position.
We help propertyโowning companies review their rental income tax position and ensure it is defensible if LHDN asks questions.
๐ฒ WhatsApp: 011โ2366 5233
๐ข KS Chia & Associates (AF001828)