Question: Ayer Moiek Sdn Bhd is currently developing a sport complex for futsal in Sungai Layar. During the year ended 30 September 2019 the company made

Ayer Moiek Sdn Bhd is currently developing a sport complex for futsal in Sungai Layar. During the year ended 30 September 2019 the company made the following payments:

1. RM3,500,500 to Sport Unity Ltd. (resident in Australia) for work carried out for the sport complex.

The breakdown of the RM3,500,500 is as follows:

Nature of payment RM

Cost of plant and machinery 1,200,000

Technical advice on the installation of plant and 700,000

machinery rendered in Malaysia

Contract work on infrastructure and building carried out in Malaysia 1,600,500

2. RM998.000 being royalties paid to Sport Planet Ampang (resident company based in Ampang, Selangor) for use of patents relating to foundation work.

Required:

State with reasons whether the above payments made by Ayer Moiek Sdn Bhd are subject to withholding tax. State the rate(s) imposed, sections (if any) and the amount of withholding tax (if applicable), and the due date of payment.

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