The Association of Labuan Trust Companies Malaysia (ALTCM) has persuaded the
Board of the Labuan Offshore Financial Services Authority (LOFSA) to change
the status of Labuan trust firms from domestic to offshore companies and is
now awaiting final approval of the move from the Malaysian Finance Ministry.
As at September 2001, there were only 18 active trust companies in Labuan. The
companies register or incorporate offshore firms and then function as their
local representatives.
It is thought that the move will help enhance the island's competitiveness,
and will deliver a fillip to the island's trust industry which had been affected
by the 1997 economic crisis. "It will definitely help trust companies in
Labuan in the sense that we will not have so many compliances with both sides
of the authority, (both from) the offshore and onshore," said chairman
of ALTCM Chin Chee Kee recently.
Currently, trust companies in Labuan are incorporated under the Companies Act
1965, unlike offshore entities which are incorporated under the Offshore Companies
Act 1990, and therefore pay higher taxes. "This can make our job a little
bit difficult because we are servicing offshore people, but we ourselves are
domestic (companies)," said Chin, who is also the executive chairman of
Noblehouse International Trust Sdn Bhd.
He says that by being offshore companies, the trust firms will now be able
to enjoy a more attractive tax structure, needing to pay only 3% tax of their
net audited profit. "Although we are given exemption on the taxable income,
effectively we are still being taxed at above 10 per cent on the audited profit,"
he said.
Chin said he hopes the implementation will take place as soon as possible,
"preferably by the middle of next year", adding that by being an offshore
entity, trust companies could now offer better benefits to their employees without
much restrictions. "Previously, most of our staff will leave us and go
to the (offshore) banks because they offer better benefits," he said.
Executive director of Insinger Brumby Trust (Labuan) Sdn Bhd, Raymond Wong,
said changing the domicile status of trust firms to that of offshore companies
is definitely a good move by the authority in spearheading further developments
in Labuan's offshore industry. "Other than the obvious tax benefits, there
are also other benefits which include the elimination of red-tape in general,"
he said.