Licensed Manufacturing Warehouse (LMW) Licensing, Facilitation & Control & Its Latest LMW & SST Rules

Categories: Logistics & Custom
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The purpose of having LMW is to enable manufacturers to set up its factory within the warehouse. It is primarily intended for an export-oriented market whose entire production or not less than 80% are meant for export.

LMW factories can be established anywhere in the principal customs area. This makes it different from FREE INDUSTRIAL AREAS which have to be gazetted & near the port.

LMW gets the same tax benefits as FIZ such as total tax exemption & sales tax @ 0% for its raw materials/components/machinery/equipment which is used directly in the production.

More importantly, participants would be able to understand and apply the correct procedures on import, export, subcontract and various types of sales & purchases.

 

Brochure

— Course Fee: RM 790.00 (Inclusive of 8% Service Tax) —

What Will You Learn?

  • Understand the concept, guidelines, legislations and regulations with regards to LMW;
  • Understand the application procedures for customs duties exemption (Import duty and sales tax);
  • Enable manufacturer to have a more realistic cost analysis on his manufactured product as element of customs tax exemption/ new sales tax @ 0% is being well taken care of. Hence enable the manufacturer to market his products at a more competitive price.
  • To implement the correct new sales tax procedures on work performed by subcontractors (PCA/LMW/FIZ/NRM) & Customs clearance
  • Latest LMW policies.
  1. Eligibility
  • Factories which are qualified for LMW status.
  • Criteria used .
  1. Import  duties exemption; sales tax @ 0% on import and sales tax @ 0% on local purchase on raw materials, components, machinery & equipments
  • How to apply for duties exemption;
  • Formats used for application & relevant section of the laws pertaining to claim of duties exemption and new sales tax @ 0%
  1. Manufacturing aids
  • To explain types of manufacturing aids which are qualified for duties exemption/new sales tax @ 0 %
  1. Non-exemption of customs duty on selected goods listed by MOF
  • To explain goods which are not qualified for customs duties exemption
  1. Responsibilities of a licensee
  • Record keeping, payments of customs duties/sales tax for local sales, scraps.
  • Submission of monthly returns on usage of raw materials, sales of finished products, Are zero rated raw materials/components be recorded in M2 report?
  • Yearly report on sale and purchase.
  1. Subcontract work
  • Procedures & types of subcontract work allowed. Format used to apply for subcontract work. Sales tax on sub-contract work ( in and out):
  • Exemption of import duty under: Customs duties ( Exemption) Order 2017. Exemption of Sales Tax under: Sales Tax ( Person Exempted from Payment of Tax ) Order 2018 on subcontract work performed by:
    • PCA—-PCA/LMW/FIZ
    • LMW—-PCA/LMW/FIZ
    • LMW—NRM ( Non registered manufacturer)
    • Oversea—-LMW/FIZ

7. Movements of finished goods

  • Movements of goods . Documents used for movements of goods & new sales tax impact on sale to:
    • LMW to LMW
    • export
    • Public warehouse
    • domestic sales ( SST manufacturer, non SST manufacturer, trader)
    • LMW to FIZ
    • duty free shop
    • Drop-shipment sale & its import duty & sales tax on:
      • LMW—-PCA/LMW/FIZ
      • FIZ—-PCA/LMW/FIZ
      • PCA—-PCA/LMW/FIZ

8. Tax policy on local sales

  • Consumer goods & Intermediate goods.
  • Payment of tax based on ATIGA rate. How to apply for ATIGA rate
  • The latest Government policy on local sale to include Product Specific Rule PSR)
  • Pay import duty @ ATIGA rate & sales tax @ 10% (unless exempted) for local sale

9. Reimport, re-export ( exemption & sales tax )

  • Reimport of finished goods;
  • Customs policy on export of unused raw materials packaging materials by LMW manufacturers
    • Movement of goods which can be treated as export .
    • Class of raw materials and packaging materials under duties
    • exemption which are eligible for export without payment of taxes.
    • Raw materials and packaging materials which are not allowed export.
    • How to apply?
      • Format used.
      • Supporting documents.
      • Period approved for export

10. Remission ( import duty & sales tax )

  • Fire, theft & Loss

11. Disposal

  • Licence holder responsibilities on disposal of wastes, rejected finished goods, defective raw materials, machinery & equipment.
    • Imposition of sales tax @  0 % on sale of scrap.
    • Time of import/date of purchase to determine payment of import duty & sales tax on sale of used machinery & equipment

12. Export of finished goods through a third party

  • Procedures to apply for export through a third party & format used. Sales tax implication.

13. Offences (Customs Act 1967and Sales Tax Act 2018)

  • Types of offences commonly committed by licensed holder

14. Penalties for non-compliance (Customs Act 1067 and Sales tax Act 2018)

  • Types of penalties. Sections of the laws pertaining to penalties.

15. Q & A

16. Conclusion

  • Pros & Cons of LMW as compared to manufacturers having tax exemption under sec.14.2, Customs Act 1967 &Sales Tax Act Act 2018