The recent decision by the High Court in Luno Malaysia Sdn Bhd v Yew See Tak has revisited and overturned key findings made at the Sessions Court, raising significant questions about the duty of care owed by cryptocurrency platforms to their users in the context of unauthorised transactions. This commentary analyses the High Court’s reasoning and its implications on digital asset platforms operating under Malaysian law.
目前尚不确定马来西亚所面临的24%对等关税在为期90天的暂缓执行期后是否将继续维持。可以确定的是，在特朗普总统实现其征收关税背后的目的之前，企业必须把新政策及其反复调整视为“新常态”。就在本周，美国总统特朗普表示，半导体与科技产品目前获得的关税豁免只是“暂时性的”，直到美国能够在本土生产同类产品为止。
我们在上一篇文章中已探讨关税战对马来西亚的影响以及企业可如何应对。随着美中之间的针锋相对导致政策持续波动，制定应对关税的短期策略显得尤为关键。
尽管根据法律，进口方有着承担关税的责任，但出口方也难以完全置身事外。进口方可能寻求达成互利的解决方案，而这通常意味着出口方需要承担额外成本。若合同中已约定由出口方承担关税责任，出口方自然应当认真审查相关贸易合同。
Whether the reciprocal tariffs on Malaysia remain at 24% after the 90-day pause is uncertain. However, what is certain is that businesses must accept new policies and reversals of policies as the new normal, until Mr. Trump achieves the goal behind the initiation of the tariffs, whatever it may be. Just this week, US President Donald Trump described the reprieve on semiconductors and tech devices as “temporary”, until the US is capable of producing the same items locally.
We addressed the impact of the tariff war on Malaysia and how businesses can respond in our previous article here. As policies continue to fluctuate in the tit-for-tat between the US and China, formulating short-term plans to deal with the tariffs is key.
In this article, we propose clauses in trade agreements which ought to be reviewed in order to navigate the uncertainties of the tariff war.
The Tribunal for Anti-Sexual Harassment (‘TAGS’) was established under Malaysia’s Anti-Sexual Harassment Act 2022 (Act 840) (‘the Act’) as an accessible, and cost-effective alternative to civil courts for victims seeking redress for sexual harassment.
美国总统唐纳德·特朗普于2025年4月2日对进口至美国的商品提高关税，该措施分为两个部分：
对所有进口至美国的商品征收单边基础关税10%（自2025年4月5日起实施）；以及
“对等”及特定国家的关税，该关税率据称是根据美国与各国之间现有贸易逆差的状况分配（自2025年4月9日起生效）。
马来西亚的出口商品被征收24%的关税，相较于此前2.2%的贸易加权平均关税，关税提高的幅度相当之高。
On 2 April 2025, US President Donald Trump announced a tariff hike on goods imported from other parts of the world into the United States of America, consisting of a unilateral baseline 10% on all imports to the US (implemented on 5 April 2025); and “Reciprocal” and country-specific tariffs, with rates purportedly assigned to each country based on the prevailing trade deficit between the US and that country (to take effect on 9 April 2025).
Malaysia was hit with a 24% tariff on its imports to the US, a significant increase from the previous 2.2% trade-weighted average tariff.
由 Penelope Gan 和 Tee Puang Yan 撰写
Written by Penelope Gan and Tee Puang Yan
In 2007, a Group decision to withdraw from the plantation business altogether required the Respondent to dispose of the lands. The Respondent subdivided the lands into smaller lots and sold the lands to various parties vide ten transactions between 2007 and 2017. The Respondent submitted Real Property Gains Tax (‘RPGT’) returns for the disposals, and the Inland Revenue Board (‘IRB’) issued Real Property Gains Tax Act 1976 (‘the RPGTA’) assessments and RPGT certificates from 2011 to 2018.
In 2019, after a tax investigation, the IRB took the position that the proceeds of the disposals were subject to income tax under s 4(a) of the Income Tax Act (‘the ITA’).
In 2020, the IRB, without first discharging or revoking the RPGTA certificates and assessments, raised Notices of Additional Assessment against the Respondent, imposing income tax and 60% penalties (more than RM81 million).
In Malaysia, competition law is governed by the Competition Act 2010 (‘the CA 2010’). The Malaysia Competition Commission (‘MyCC’), established under CA 2010, aims to protect the competitive process for the betterment of Malaysian businesses and economy.
Malaysia’s competition law prohibits two main types of anti-competitive activity.
