Import duties are levied on dutiable goods imported into the country, generally on an ad valorem basis but may also be imposed on a specific basis. The ad valorem rates ranges from 0% to 60%. Raw materials, machinery, essential foodstuffs and pharmaceutical products are generally non-dutiable or subject to duties at lower rates.
Malaysia applies TRQ on selected agricultural products, such as chicken, milk and cream, hen eggs, cabbages. Under TRQ, the tariff charged depends on the volume of imports (“the quota”) which is determined by the relevant government agencies. Lower tariff applies to within quota imports and higher tariff for imports exceeding the quota.
The value of goods for the purpose of computing import duties is determined largely in accordance with the World Trade Organisation principles of customs valuation.
There is a range of duty exemptions on specific goods that prescribed persons are eligible to claim, subject to prescribed conditions under an Order made by the Minister. In addition, manufacturers are eligible to apply for merit-based duty exemptions on:
dutiable raw materials and components used directly for the manufacture of goods for export and domestic markets;
dutiable machinery and equipment which are used directly in the manufacturing process;
machinery, equipment and specialised tools endorsed by Malaysia Investment Development Authority (MIDA) which are to be used for aerospace maintenance, repair and overhaul (MRO) activities; and
spare parts, components, materials and specialised consumables goods endorsed by MIDA which are to be used for MRO activities
Manufacturers are required to apply to the relevant authorities for exemption. For example, Malaysian Investment Development Authority and Royal Malaysian Customs Department.
Import duty exemption is to be granted for nicotine gum and nicotine patches used in Nicotine Replacement Therapy for a period of 3 years for applications from 1 April 2023 to 31 March 2026.
W.e.f 1 January 2024, import duty and sales tax exemptions are given to qualified manufacturers on the importation and local purchase of manufacturing aids subject to the type of industry and the specified category of goods.
Exemptions for carbon capture and storage - refer to “Tax Incentives” chapter.
Import restrictions are imposed on a range of products for protection of local industries or for reasons of security and public safety. An import licence has to be obtained for the importation of prohibited goods, unless otherwise exempted. Examples of goods requiring an import licence / permit from relevant authorities into Malaysia include:
Certain food products (such as rice), medical devices, cooking appliances, pharmaceuticals and cosmetics
Certain electrical operated machinery
Motor vehicles for the transport of persons, goods or materials
Used televisions including video or visual display with TV tuner, used air conditioners, used personal computers and used mobile phones
Billets of iron or steel
Alloy steel and high carbon steel
Stranded wire, cables, cordage, ropes, plaited bands and the like of aluminium wire
Natural or synthetic rubber insulated or plastics insulated electric wire, cable, bars and strip and the like, whether or not fitted with connectors
Heavy machineries
Petroleum
Rags, plastics, papers or filters contaminated with scheduled wastes
Chlorofluorocarbons (CFCs) and Hydrofluorocarbons (HFCs)
Telecommunications equipment
Tobacco products, alcoholic beverages
Radioactive / nuclear materials / prescribed substances
Arms and ammunition
Motor vehicles parts
Waste and scrap of paper, paperboard and metal
Export restrictions are seldom imposed except on a limited range of products for reasons of security and public safety. An export licence has to be obtained for the exportation of prohibited goods.
Categories of goods requiring an export licence include, but are not limited to:
Cement clinker
Portland cement
Slags, dross, scaling and similar waste of iron and steel, zinc, nickel, copper, lead, aluminium
Slag and hardhead of tin
Zinc dust and sludge form
Used televisions including video or visual display with TV tuner, used air conditioners, used personal computers and used mobile phones
Hydrofluorocarbons (HFCs)
Face masks
Rice
Import and export licence applications may be submitted electronically via DagangNet (e-Permit) or manually to the relevant licence / permit processing authority.
Export duties are generally imposed on the country’s main commodities such as crude petroleum and palm oil for revenue purposes.
In addition, goods and technology that are controlled under the Strategic Trade Act 2010 is subject to additional export restrictions and an export permit will be required. The controlled items are categorised as military items and dual-use items such as electronics and computers.
W.e.f. 1 November 2024, it is proposed that the export duty rates be increased where the CPO market price per metric ton is RM3,601 or more. New price bands are proposed with a 0.5% increment in rates capped at 10% for RM4,051 and higher.
Excise duties are imposed on a selected range of goods manufactured in Malaysia or imported into Malaysia. These include beer / stout, cider and perry, rice wine, mead, indentured ethyl alcohol, brandy, whisky, rum and tafia, gin, cigarettes containing tobacco, electronic cigarette and electronic vaporising device, motor vehicles, motorcycles, playing cards and mah-jong tiles.
The rates of excise duties vary from a composite rate ranging from RM1.10 per litre and 15% for certain types of spirituous beverages, RM0.40 per stick for cigarettes, to as much as 105% for motorcars (depending on engine capacity).
Specified sugar-sweetened beverages under HS heading 20.09 and 22.02 are subject to an excise duty rate of RM0.50 per litre. Chewing tobacco under HS 2403.99.50 00 is also subject to an excise duty rate of 5% and RM27 per kilogram. W.e.f. 1 January 2025, it is proposed that the excise duty be increased in phases by an additional RM0.40 per litre (i.e. eventually up to RM0.90 per litre).
W.e.f. 1 March 2024, pre-mixed preparations of chocolate or cocoa-based, malt, coffee and tea such as 2-in-1 or 3-in-1 pre-mixed beverages are subject to an excise duty of RM0.47 per 100 grams.
Liquid or gel containing nicotine used in electronic cigarettes and vape are subject to an excise duty of RM0.40 per litre. The implementation date to increase the excise duty for nicotine-free liquids or gels used in electronic cigarettes and vape from RM0.40 per millilitre to RM1.20 per millilitre is yet to be announced.
Full sales tax and excise duty exemption is to be granted on the sale / transfer / private use / disposal of budget taxis, executive taxis, Teksi 1 Malaysia, airport taxis (budget and family), and hired cars, which have been held for at least 5 years from the registration date.
Sales tax and import duty exemptions on studio and filming production equipment will be given to providers of equipment and production services including post-production, studio and cinema for a period of 3 years. Applications to be received by the Ministry of Finance from 1 April 2023 until 31 March 2026.
Unless exempted from licensing, a manufacturer of tobacco, intoxicating liquor, sweetened beverages or goods subject to excise duties must have a licence to manufacture such goods.
The licence to manufacture also permits the holder to store such goods, otherwise a warehouse licence is required for storage of goods subject to excise duty.
As a general rule, duty is payable at the time the goods leave the place of manufacture. However, excise duty on a predefined list of motor vehicles for the transport of persons is not payable until the vehicles are removed from the place of manufacture for registration with the Road Transport Department, provided that a security is given (up to a maximum of 4 years from the date of removal from the place of manufacture).
No excise duty is payable on dutiable goods that are exported.
On 31 March 2024, the Minister of Finance announced that the high-value goods tax (HVGT) will be deferred from the initial implementation date, 1 May 2024, as proposed during the Budget 2024 speech. The HVGT is expected to range from 5% to 10%.
To date, the new implementation date has yet to be announced.
Manufacturers who export 80% or more of their finished products can apply for LMW status. Raw materials, components and machinery used in the manufacturing process are generally exempted from import duties and sales tax.
A free zone is deemed to be a place outside a principal customs area. Subject to certain exclusions, goods can be brought into, produced or provided in a free zone without payment of customs duty or excise duty. A free zone is any area in Malaysia which has been declared by the Minister to be a Free Zone. There are two types of Free Zones in Malaysia: (a) Free Industrial Zone (FIZ) and (b) Free Commercial Zone (FCZ). Manufacturing activities are allowed to be conducted in FIZ while trading activities are allowed to be conducted in FCZ.
At present, approval for the value-added activities and additional activities to be carried out at the FIZ and LMW is subject to the condition that the sales value of the value-added and additional activities shall not exceed 40% of the company's annual sales value (Note that the increased in annual sales value threshold may be subject to further amendment by the Government. It was granted to FIZ and LMW companies during the COVID-19 pandemic with an aim to increase the competitiveness of the company as well as to fulfil the dynamics of global trade).
Currently, the AEO status is given to eligible manufacturers, operators (including warehouse operators), traders and logistics service providers. An AEO is a person who is involved in import and export activities and, having been “certified” to be compliant in its customs related operations, is entitled to enjoy benefits provided in the AEO program.
Malaysia has concluded several regional and bilateral free trade agreements and several more are still under negotiation. One of the key features of free trade agreements is the preferential tariff treatment accorded to member countries. Currently, the following free trade agreements are in force:
ASEAN Trade in Goods Agreement
ASEAN-China Free Trade Agreement
ASEAN-Hong Kong, China Free Trade Agreement
ASEAN-Korea Free Trade Agreement
ASEAN-Australia-New Zealand Free Trade Agreement
ASEAN-Japan Comprehensive Economic Partnership Agreement
ASEAN-India Trade in Goods Agreement
Preferential Trade Agreement Amongst D-8 Member States
Malaysia-Pakistan Closer Economic Partnership Agreement
Malaysia-Japan Economic Partnership Agreement
Malaysia-Chile Free Trade Agreement
Malaysia-India Comprehensive Economic Cooperation Agreement
Malaysia-New Zealand Free Trade Agreement
Malaysia-Australia Free Trade Agreement
Malaysia-Turkey Free Trade Agreement
Regional Comprehensive Economic Partnership
Comprehensive and Progressive Agreement for Trans-Pacific Partnership
Framework Agreement on Trade Preferential System among the Member States of the Organisation of the Islamic Conference (TPS-OIC)
The preferential tariff treatment and the rules of origin may vary from one free trade agreement to another.
Windfall Profit Levy is levied on Crude Palm Oil (CPO) producers. A 3% levy rate is imposed on the CPO threshold value of RM3,000 per metric ton for Peninsular Malaysia and RM3,500 per metric ton for Sabah and Sarawak.
W.e.f. 1 January 2025, it is proposed to increase the CPO threshold value from RM3,000 to RM3,150 per metric ton for Peninsular Malaysia and RM3,500 to RM3,650 per metric ton for Sabah and Sarawak. The levy rate remains at 3%.