Najib's son ordered to pay RM37.6 million in unpaid taxes

KUALA LUMPUR: Former prime minister Datuk Seri Najib Razak's son, Datuk Mohd Nazifuddin, has been ordered to pay RM37,644,810.73 in unpaid taxes to the Inland Revenue Board (IRB).

This was after a summary judgement order was entered in the IRB's tax arrears suit seeking to recoup the unpaid amount from Nazifuddin between 2011 and 2017.

In allowing the summary judgement, High Court judge Datuk Ahmad Zaidi Ibrahim said it has been proven that the plaintiff's (IRB) claim was clear and obvious.

He also said the defendant (Nazifuddin) had failed to prove that there were triable issues for the case to go for trial.

"The court finds that it has been proven that the notice of assessment was sent to the defendants' representative and the handing over of the notice had been done in accordance to the law.

"I also find that the defendant's defence has no merit," he said.

The judge ordered for Nazifuddin to pay RM10,000 in costs to the IRB.

Senior revenue counsel Norhisham Ahmad appeared for IRB.

Meanwhile, outside the court, counsel Muhammad Farhan Muhammad Shafee, who appeared for Nazifuddin, said they will obtain a stay and appeal at the Court of Appeal against the decision.

He said an appeal to the Special Commissioners of Income Tax, which will deal with the merits of the tax assessment, has been fixed for case management this week.

On July 24, last year, the government had, through IRB, filed the writ of summons claiming that Nazifuddin still had unpaid taxes for the assessment years of 2011 to 2017 as stated in a notice dated March 15, 2019.

According to the notice, the tax arrears were RM1,541,850.83, RM5,718,486.42, RM5,437,086.08, RM3,775,133.23, RM1,796,494.18, RM2,271,812.79 and RM12,052,046.26 from the years 2011 to 2017, respectively.

The government claimed that Nazifuddin's failure to pay the tax arrears, which should have been done within 30 days from the date of the assessment notice, caused a 10 per cent additional payment.

This is in line with Section 103 of the Income Tax Act 1967.

The government also contended that as Nazifuddin, 37, had still failed to settle the amount within 60 days in accordance with the Act, another compounded five per cent increase was imposed and added to the renewed sum.

The government said it had the right to recoup the income tax that was still owed along with the additional increases which the defendant had yet to pay.

Among others, the government is seeking a sum of RM37,644,810.73 with interest of five per cent per annum from the day of judgement until the sum is fulfilled, costs, and other relief deemed fit by the court.

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