Deduction on Promotion of Export of Higher Education in Malaysia
The Inland Revenue Board of Malaysia provides tax incentives to encourage private higher education institutions to expand their services internationally. This guideline that was issued on 3 July 2026, replaces the previous version dated 9 December 2004, and is prepared based on two gazetted provisions, which are Income Tax (Deduction For Promotion of Export of Higher Education) Rules 2001 [P.U.(A) 185/2001] and Income Tax (Deduction for Promotion of Export of Higher Education)(Amendment) Rules 2003 [P.U.(A) 261/2003].
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Eligibility Conditions
To qualify for this tax incentive, a company must satisfy all of the following requirements during the basis period for the relevant year of assessment:
(1)
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Must be a Malaysian tax resident under Section 8 of the Income Tax Act 1967 (hereinafter referred to as “the Act”);
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(2)
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Must be incorporated under the Companies Act 2016 or the Companies Act 1965 with the main objective of establishing, managing and owning a private higher education institution registered with the Ministry of Higher Education (hereinafter referred to as “MOHE”);
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(3)
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Must be carrying on the business of providing higher education services within Malaysia;
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(4)
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Must incur expenses allowable under Section 33 of the Act spent primarily and specifically to promote higher education exports during the basis period;
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(5)
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Must obtain written approval from the Higher Education Internationalisation Division, Department of Higher Education, MOHE before conducting promotional activities or private education expos abroad.
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(6)
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Remains eligible when utilizing a third-party agency for overseas promotion, provided MOHE approves that the service payments are strictly for overseas education promotion;
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(7)
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Cannot concurrently claim tax deductions under the Income Tax (Deduction for Promotion of Export of Services) Rules, specifically P.U.(A) 193/1999 or P.U.(A) 114/2002.
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Qualifying Promotional Expenditure
Qualifying promotional expenses incurred for higher education export are granted an additional tax deduction against gross income under Section 33 of the Act when determining adjusted business income, subject to the Director General of Inland Revenue’s statutory authority to restrict any claim deemed excessive:
(1)
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Expenses incurred for market research to determine new market potential (excluding airfare, accommodation and food);
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(2)
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Costs for preparing international tenders;
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(3)
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Costs for preparing technical information materials according to the required specifications;
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(4)
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Travel expenses for company representatives (directors or employees) travelling abroad for promotional duties;
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(5)
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Travel expenses for company representatives attending MOHE-approved education exhibitions abroad;
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(6)
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Direct expenses for participating in MOHE-approved education exhibitions abroad;
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(7)
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Operational costs for maintaining an overseas education promotion office;
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(8)
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Expenses for publicity and advertising in foreign mass media.
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Administrative Requirements
Companies claiming the further deduction must fulfil the following requirements:
(1)
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Companies are required to prepare and complete the Form LHDN/BT/DD/POE/HE/2026;
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(2)
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Companies can make the claims for further deduction by filling up column D1 (Claim for Special Deduction, Further Deduction and Double Deduction) using the code 215 in the Income Tax Return Form.
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(3)
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Required to retain the completed Form LHDN/BT/DD/POE/HE/2026 along with all the relevant supporting documentation for at least seven years from the end of the relevant year of assessment for tax audit purposes.
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For further information, please visit the official website of the Inland Revenue Board of Malaysia at
https://www.hasil.gov.my/en
KAIZEN Group, together with its associate firms in Malaysia, can help the clients to perform these compliances formalities so as to maintain the Malaysia company in good standing. Please call and talk to our professional accountants in Kaizen for further clarification.