Non-Deductible Expenses Malaysia — Tax Add-Backs Guide

Updated April 2026 · Malaysian Tax Guide

In Malaysian tax computation, certain expenses recorded in the financial statements are not deductible for tax purposes. These are known as "add-backs" — they are added back to accounting profit to arrive at adjusted income. Understanding add-backs is essential for accurate tax computation.

Common Add-Backs and ITA References

ExpenseAdd-Back RateITA SectionNotes
Entertainment50%s.39(1)(l)50% of entertainment expenses are non-deductible. Includes client entertainment, business meals, gifts.
Depreciation100%s.33(1)Accounting depreciation is fully added back. Replaced by capital allowance (Schedule 3).
Penalties & Fines100%s.39(1)(b)All penalties, compounds, summons are non-deductible.
Non-Approved Donations100%s.44(6)Only donations to government-approved institutions are deductible.
Private/Personal Expenses100%s.39(1)(a)Director personal car, family travel, private use of company assets.
Club Membership100%s.39(1)(l)Recreation and sporting club fees are non-deductible.
General Provisions100%s.34General bad debt provisions are non-deductible. Only specific bad debts qualify.
Political Donations100%Non-deductibleDonations to political parties are never deductible.
Capital Expenditure in P&L100%s.33(1)Renovation, R&D charged to P&L should be capitalised for CA claim.

Entertainment — The 50% Rule

Under s.39(1)(l), only 50% of entertainment expenses are deductible. This includes meals with clients, corporate gifts, event hosting, and business promotion involving food and beverages. Staff welfare events (annual dinner, team building) are generally fully deductible if for employees only.

Depreciation vs Capital Allowance

Accounting depreciation is always added back in full. Instead, businesses claim capital allowance under Schedule 3. The rates differ — for example, accounting may depreciate a machine over 10 years (10% p.a.), but tax allows IA 20% + AA 14% = 34% in year one.

How Add-Backs Affect Tax

Add-backs increase your adjusted income, which increases chargeable income and tax payable. For example, if your accounting profit is RM500,000 and you have RM100,000 in add-backs, your adjusted income becomes RM600,000 — pushing you into the 24% tier.

Withholding Tax on Foreign Payments

Payments to non-residents for services rendered in Malaysia may be subject to withholding tax under s.109. If WHT is not deducted, the expense may be disallowed. Common triggers: consultancy fees to foreign companies, royalties, technical fees.

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Frequently Asked Questions

What expenses are non-deductible in Malaysia?

Common non-deductible expenses include 50% of entertainment, all depreciation, penalties, non-approved donations, private expenses, club memberships, and general provisions.

Why is depreciation added back in tax computation?

Accounting depreciation is replaced by capital allowance under Schedule 3 ITA 1967, which has different rates. Depreciation is fully added back and CA is claimed instead.

Are donations tax deductible in Malaysia?

Only donations to government-approved institutions under s.44(6) are deductible. Non-approved donations and political donations are fully non-deductible.