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MSC Malaysia is now rebranded to Malaysia Digital (MD) Part 2

MSC Malaysia is now rebranded to Malaysia Digital (MD) Part 2
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MSC Malaysia is now rebranded to Malaysia Digital (MD) Part 2

Eligibility Criteria

To be eligible to apply for the award of MD Status, a company is required to

meet the following criteria:

(a) Incorporated under the Companies Act 2016 and resident in Malaysia; and

(b) Proposing to carry out or is currently carrying out one or more of the

MD activities.

Approved Activities

MD activities are listed as below. The activities, upon approval of MD Status, will be known as “MD Approved Activities”

Research, development and commercialization of solution and/or provision of services in relation to any of the following technologies or areas:

1. big data analytics (BDA);

2. artificial intelligence (AI);

3. financial technology (Fintech);

4. internet of things (IoT);

5. cybersecurity (technology/software/design and support);

6. data centre and cloud;

7. blockchain;

8. creative media technology;

9. sharing economy platform;

10. user interface and user experience (UI/UX);

11. integrated circuit (IC) design and embedded software;

12. 3D printing (technology/software/design and support);

13. robotics (technology/software/design);

14. autonomous technologies;

15. systems/network architecture design and support;

16. global business services or knowledge process outsourcing;

17. virtual, augmented and/or extended reality;

18. drone technology;

19. advance telecommunication technology ; or

20. other emerging technologies deemed significant for the digital ecosystem subject to approval by the Approval Committee.

Conditions

Conditions to be complied within 12 months from date of award of MD Status:

1. Commencement of operation and undertaking of the MD Approved Activities in Malaysia.

2. Minimum 2 full-time employees (comprising knowledge workers) with minimum average monthly base salary of RM5,000.00, employed for the MD Approved Activities.

3. Minimum annual operating expenditure of RM50,000.00 incurred for the MD Approved Activities

4. Paid-up Capital Minimum of RM1,000.00

To be continued…benefits of MD

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  • Wisma KTP, 53 Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru

  • Wisma THK, 41, Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru

KTP (Audit, Tax, Advisory)

An approved audit firm and licensed tax firm operating under the KTP group based in Johor Bahru providing audit, tax planning, advisory and compliance services to clients

THK (Secretarial, Bookkeeping, Payroll, Advisory)

A licensed secretarial firm in Johor Bahru providing fast reliable incorporation, secretarial services, corporate compliance services, outsourcing bookkeeping, and payroll services to clients

KTP Lifestyle

An internal community for our colleagues on work and leisure.

KTP Career

An external job community on vacancies in Johor Bahru for interns, graduates & experienced candidates.

#Ktp #Thks


 


 

MSC Malaysia is now rebranded to Malaysia Digital (MD)

MSC Malaysia is now rebranded to Malaysia Digital (MD)
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MSC Malaysia is now rebranded to Malaysia Digital (MD)

This new enhanced initiative serves to accelerate the sustainable growth of Malaysia’s digital economy and create substantial digital economic spill-over through equitable access to digital tools, knowledge, and income opportunities. Malaysia Digital will drive the digital transformation of focus areas that present high growth potential, opportunities and importance.

The Government of Malaysia, through Malaysia Digital Economy Corporation

(MDEC), awards MD Status to eligible companies that participate in and undertake any of the MD activities.

The grant of MD Status entitles eligible companies to a set of incentives, rights and privileges from the Government of Malaysia.

MSC Malaysia

Since its introduction in 1996, MSC Malaysia has catalysed and transformed

Malaysia into a knowledge-based economy. The strategic initiative was created to foster a conducive ecosystem driven by high-end infrastructure development and ICT companies’ catchment within the identified corridors.

MSC Malaysia, driven by the Malaysia Digital Economy Corporation (MDEC) as

the nation’s lead digital economy agency, has contributed immensely towards the growth of the nation’s digital economy.

Since 1996 Malaysia has attracted 2,794 active MSC-status companies.

Transition from MSC to MD

The existing MSC status and benefits would continue to subsist, subject to compliance of existing conditions by the companies, institutes of higher learning or incubators.

MD companies would soon have the flexibility to choose the benefits (with or without tax incentives) with applicable conditions with further details to be announced soon.

The existing companies are not required to reapply, but MD would be implied to existing MSC companies.

What new under MD

  • The bill of guarantees,

  • Non-location-based incentives

  • An expansion of locations for promoted activities.

To be continued…Conditions, status and benefits of MD

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  • Wisma KTP, 53 Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru

  • Wisma THK, 41, Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru

KTP (Audit, Tax, Advisory)

An approved audit firm and licensed tax firm operating under the KTP group based in Johor Bahru providing audit, tax planning, advisory and compliance services to clients

THK (Secretarial, Bookkeeping, Payroll, Advisory)

A licensed secretarial firm in Johor Bahru providing fast reliable incorporation, secretarial services, corporate compliance services, outsourcing bookkeeping, and payroll services to clients

KTP Lifestyle

An internal community for our colleagues on work and leisure.

KTP Career

An external job community on vacancies in Johor Bahru for interns, graduates & experienced candidates.

#Ktp #Thks


 


 


Service Tax on the Goods Delivery Service

Service Tax on the Goods Delivery Service
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The service tax on the Goods Delivery Service

Royal Customs Malaysia Department announced on 30 June 2022 that Service Tax on Delivery Services Providers (including E-Commence Platform) which be effective on 1st July 2022 postpone to a later date.

Background Information

Budget 2022 announced that the scope of service tax be expanded to include goods delivery services regardless of the status of the service providers (licensed or not) but exclude delivery services for food and beverages as well as logistic services.

Source

Royal Custom Malaysia Department Announcement 30/6/2022

https://mysst.customs.gov.my/News#section14

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  • Wisma KTP, 53 Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru

  • Wisma THK, 41, Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru

KTP (Audit, Tax, Advisory)

An approved audit firm and licensed tax firm operating under the KTP group based in Johor Bahru providing audit, tax planning, advisory and compliance services to clients

THK (Secretarial, Bookkeeping, Payroll, Advisory)

A licensed secretarial firm in Johor Bahru providing fast reliable incorporation, secretarial services, corporate compliance services, outsourcing bookkeeping, and payroll services to clients

KTP Lifestyle

An internal community for our colleagues on work and leisure.

KTP Career

An external job community on vacancies in Johor Bahru for interns, graduates & experienced candidates.

#Ktp #Thks


 


 

LHDN foreign source income

LHDN foreign source income
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Update taxability of foreign source income

On 31st December 2022, our government has agreed to exempt taxation on foreign source income (FSI) for resident taxpayers to ensure the smooth implementation of the tax initiative, said the Ministry of Finance (MoF).

The tax exemption is effective from Jan 1, 2022 to Dec 31, 2026.

Finally the following orders has been gazetted recently :

  • Income Tax (Exemption) (No. 5) Order 2022 - Exemption of FSI received by resident individuals.

  • Income Tax (Exemption) (No. 6) Order 2022 - Exemption of foreign-sourced dividends received by resident companies, limited liability partnerships (LLPs) and individuals in relation to a partnership business in Malaysia.

 

Key Salient Points on The Order

  • Exemption period 1/1/2022 to 31/12/2026 for resident individual

  • All sources of income under Section 4 of ICA 1967 for resident individual on FSI received in Malaysia from outside Malaysia.

  • Income arising from outside Malaysia which is bought into Malaysia.

  • FSI except for dividend income that is received in Malaysia from outside Malaysia for companies and LLPs will subject to :

    • Amounts received from 1/1/2022 to 30/6/2022 – 3%

    • Amounts received after 30/6/2022 – prevailing income tax rate

Past Blog

Read our past blog posting from FSI :

1. Confusion on the exemption of foreign source income dated on 30/05/2022

https://bit.ly/3yVOooj

2. 马来西亚对海外收入征税政策 dated on 18/03/2022

https://bit.ly/3csapUe

3. Foreign source income taxable in Malaysia 2022 dated on 11/01/2022

https://bit.ly/3KL1NUx

4. (u-turn update) foreign source income budget 2022 dated on 31/12/2021

https://bit.ly/3tXbici

5. FAQ on Special Income Remittance Programme (PKPP) dated on 27/12/2021

https://bit.ly/3CFoNBq

6. Special Income Remittance Programme (PKPP) to Malaysian Residents dated on 8/12/2021

https://bit.ly/35ObF0Z

7. 预算案 2022 dated on 19/11/2021

https://bit.ly/3tYpdPz

8. Budget 2022 - SME edition dated on 18/11/2021

https://bit.ly/3tRcq1i

9. Foreign source income taxable in Malaysia dated on 10/11/2021

https://bit.ly/3w5BG6y

10. Foreign Income Remitted Into Malaysia Taxable 2022 on 2/11/2021

https://bit.ly/3tTfJVI

11. 海外收入汇回大马时将被征税 dated on 2/11/2021

https://bit.ly/3Imb8k9

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  • Wisma THK, 41, Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru

KTP (Audit, Tax, Advisory)

An approved audit firm and licensed tax firm operating under the KTP group based in Johor Bahru providing audit, tax planning, advisory and compliance services to clients

THK (Secretarial, Bookkeeping, Payroll, Advisory)

A licensed secretarial firm in Johor Bahru providing fast reliable incorporation, secretarial services, corporate compliance services, outsourcing bookkeeping, and payroll services to clients

KTP Lifestyle

An internal community for our colleagues on work and leisure.

KTP Career

An external job community on vacancies in Johor Bahru for interns, graduates & experienced candidates.

#Ktp #Thks


 


 

马来西亚 所得税 的 违法行为与刑罚

马来西亚 所得税 的 违法行为与刑罚
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马来西亚 所得税 的 违法行为与刑罚

  • 没有交 “所得税申报表” - RM200.00至RM20,000.00 /监禁不超过6个月/两者

  • 纳税人未通知所得税- RM200.00至RM20,000.00 /监禁不超过6个月/两者

  • 省略或低估收入来作不正确的所得税申报表- RM1,000.00 至RM10,000.00 / 200％的少收税款

  • 提供任何不正确信息 - RM1,000.00 至RM10,000.00 / 200％的少收税款

  • 逃避或协助任何他人逃税RM1,000.00 至RM20,000.00 /监禁不超过36个月/两者/300％的少收税款

  • 协助其他人低估收入 - RM2,000.00 至RM20,000.00 /监禁不超过36个月/两者

  • 尝试不缴税就离开国家 - RM200.00 至RM20,000.00 /监禁不超过6个月/两者

  • 阻碍IRBM官员执行其职责 - RM1,000.00至RM10,000.00 /监禁不超过1年/两者

  • 无法保留正确的记录和文档 - RM300.00至RM10,000.00 /监禁不超过1年/两者

  • 无法遵守IRBM要求提供某些信息的通知 - RM200.00至RM20,000.00 /监禁不超过6个月/两者

  • 在3个月内未通知地址更改 - RM200.00至RM20,000.00 /监禁不超过6个月/两者

  • 4月30日之后交税 (non business) -10％罚款应纳税额

  • 6月30日之后交税 (business)- 10％罚款应纳税额

  • 在截止日期的30天后分期付款 - 10％罚款应纳税额

  • 实际税款比修订后的税款估算高出30％ - 实际税收余额和估计税收的差额的10％

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KTP (Audit, Tax, Advisory)

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𝐊𝐓𝐏 𝐂𝐚𝐫𝐞𝐞𝐫 (Our external community for interns, graduates & experienced candidates )

𝐓𝐇𝐊 (Secretarial, Account/Payroll, Advisory)

We are one-stop (20 years+ history) audit, tax, secretarial, accounting and payroll firms which commit to help and grow our clients business.

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#LHDN

 

amended return form lhdn

amended return form lhdn
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Overview

Taxpayers are allowed to make amendment on the information or assessment for the submitted Tax Return Form(TRF) under Section 77B of the Income Tax Act 1967 (ITA 1967) or Section 30B of Petroleum (Income Tax) Act 1967 (PITA 1967) by using the Amended Return Form (ARF).

Key takeaway

You will understand:

  • Rules of submission

  • Terms for submission

  • Rate of increase in tax

  • Method of submission

Summary of learning

Taxpayers are allowed to make amendment when there is:

  • Understate of income / unreported income

  • Expenses over claimed

  • Capital allowances / incentives/ relief over claimed

The amendment limit to once for a year of assessment.

The amendment is disallowed if the Director General of Inland Revenue (DGIR) has made amended assessment for the submitted TRF.

What are the terms for submission ARF?

ARF must be submitted within 6 months from the due date of TRF

A duly completed ARF must state:

  • the amount / additional amount of chargeable income

  • the additional tax payables

  • the amount of tax payable on the tax which has or would have been wrongly repaid;

  • the increased sum ascertained in accordance with subsection 77B (4) of ITA 1967 or subsection 30B(4) of ITA 1967;

  • other contains required by the DGIR.

What is the rate of increase in tax?

The additional tax payable amount in ARF is subject to an increase in tax of 10%.

The formula = the amount of such tax payable or additional tax payable x 10%.

The total tax payable amount must be paid at the same date of ARF is submitted.

What are the methods for submission ARF?

ARF can be submitted in the following ways:

  • Online e-filing (only for corporate taxpayer: Form C)

To visit https://mytax.hasil.gov.my > click e-Filing > click e-Form > choose e-BNT C

  • Manual filing

    - download ARF on Lembaga Hasil Dalam Negeri (LHDN) website:

    To visit http://www.hasil.gov.my > Forms > Download Forms (in Malay Version) > Handle the completed ARF to LHDN branch

Sources

GPHDN 1/2020: - Procedure on submission of Amended Return Form

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  • Wisma 𝐓𝐇𝐊, 41, Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru

KTP (Audit, Tax, Advisory)

𝐊𝐓𝐏 𝐋𝐢𝐟𝐞𝐬𝐭𝐲𝐥𝐞 (Our internal community for our colleagues)

𝐊𝐓𝐏 𝐂𝐚𝐫𝐞𝐞𝐫 (Our external community for interns, graduates & experienced candidates )

𝐓𝐇𝐊 (Secretarial, Account/Payroll, Advisory)

We are one-stop (20 years+ history) audit, tax, secretarial, accounting and payroll firms which commit to help and grow our clients business.

#Thk

#KTP

#KTP lifestyle

#KTPcareers

 

 

 

CP204 Deferment 2022

CP204 Deferment 2022
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CP204 Deferment 2022 is Over

The deferment is over. Taxpayers continue CP204 monthly tax payment before 15th every month with effect from July 2022.

KTP have emailed & whatsapped our clients on the tax instalment notification recently. Please check your email/whatsapp otherwise contact KTP on urgent basis.

Background

The Postponement of Estimated Tax Payable (CP204) and Instalment Payment Scheme (CP500) will be given automatically to qualified taxpayers with the status of micro, small and medium enterprises (MSMEs or PMKS) from Jan 1 to June 30, 2022.

6 instalment deferment

The Inland Revenue Board (IRB) informed that qualified taxpayers are based on records or the latest Income Tax Statement Form received by the board.

CP 204 deferment

For CP204 payment, business criteria that qualify for the PMKS status are companies, cooperatives, trust bodies and limited liability partnerships with a paid-up capital of less than RM2.5 million for ordinary shares at the start of the basic period of an assessment year.

In addition, the entity’s gross business income of RM50 million or below for an assessment year.

The postponement of CP204 payment to the taxpayer who fulfils the criteria will be sent via registered email with HASiL (the IRB).

What if taxpayers don’t want the deferment?

Taxpayers want to maintain the current tax instalment scheme.

  • IRB is not required to be notified as qualified taxpayers are allowed to follow the original CP 204 or CP 500.

  • Any tax instalments paid during the deferment period will be treated as payments towards the tax instalments for those respective months and will not be allowed to be carried forward for settlement of tax instalments after the deferment period.

Tax estimation

No changes to existing eligibility to revise tax estimates in the 6th or the 9th month and the special 11th month revision (subject to existing conditions)

CP500 deferment

The IRB informed that the postponement of CP500 payment is allowed automatically to all taxpayers concerned for the 2021 assessment year payment (for the payable date of Jan 1, 2022) and the 2022 assessment year payment (for the payable dates of March 1, 2022 and May 1, 2022).

FAQ on deferment

Frequently asked questions (FAQ) on the postponement could be accessed via the link https://phl.hasil.gov.my/pdf/pdfam/SOALAN_LAZIM_PINDAAN_BAJET_2022_CP204.pdf and the public can contact the HASiL Recovery Call Centre (HRCC) at 03-8751 1000 for further information.

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  • Wisma KTP, 53 Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru

  • Wisma THK, 41, Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru

KTP (Audit, Tax, Advisory)

An approved audit firm and licensed tax firm operating under the KTP group based in Johor Bahru providing audit, tax planning, advisory and compliance services to clients

THK (Secretarial, Account, Payroll, Advisory)

A licensed secretarial firm in Johor Bahru providing fast reliable incorporation, secretarial services, corporate compliance services, outsource booking, accounting and payroll services to clients

KTP Lifestyle

An internal community for our colleagues on work and leisure.

KTP Career

An external job community on vacancy in Johor Bahru for interns, graduates & experienced candidates.

#Ktp #Thks

 

 

Intercompany Management Fee

Intercompany Management Fee
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Common Tax Mistakes -Intragroup Services on Management Fee

Intragroup Services

Intragroup services are services provided by one or more members of a multinational group for the benefit of the other members within the group. In general, the types of services that members of a multinational group can provide to each other include, but are not limited to, management services, administrative services, technical and support services, purchasing, marketing and distribution services and other commercial services that typically can be provided with regard to the nature of the group's business.

The costs of such services, initially borne by the parent or other service companies within the multinational group, are eventually recovered from other associated persons through intragroup arrangements.

Non Chargeable Intragroup Services

Shareholder activities

Shareholder activity refers to an activity that one group member (usually the parent company) performs solely because of its responsibility as a shareholder due to its ownership interest in one or more members of the group.

Examples of non-chargeable shareholder activities include:

  • Costs pertaining to the juridical structure of the parent company such as meetings of shareholders of the parent company, issuing of shares in the parent company and costs of the supervisory board;

  • Costs relating to the reporting and legal requirements of the parent company such as producing consolidated accounts or other reports for shareholders, filing of prospectuses; and

  • Costs of raising funds for the acquisition of new companies to be held by the parent company (distinct from fund raising on behalf of its existing subsidiaries).

Duplicative services

Duplicative services are services performed by a group member that merely duplicates a service that another group member is already performing in-house, or that is being performed by a third party.

In such instances, any duplicative claim will be automatically disallowed. The ability of a group member to independently perform the service (for instance in terms of qualification, expertise and availability of personnel) shall be taken into account when evaluating the duplication of services performed.

Example 1

A subsidiary has qualified personnel to analyse its capital and operational budget. This analysis is then reviewed by the parent company's financial personnel. The review by the parent company is considered duplicative.

However, there are exceptions in which duplication of services can be charged such as:

  • Special circumstances where duplication is only temporary. For example in implementing a new system, a company may simultaneously continue to operate an existing system for a short period, in order to deal with any unforeseen circumstances that may arise during the initial implementation; or

  • To reduce the risk of a wrong business decision such as by getting a second legal opinion on a particular project

Services that provide incidental/passive association benefits

This refers to services performed by one member of a multinational group, such as a shareholder or coordinating centre, which relates only to specific group members but incidentally provides a benefit to other members of the group.

Incidental benefit may also arise as a consequence of an associated person being part of a larger concern and not because of a service that has actually been provided. Such incidental benefits would not warrant a charge to the incidental recipient because the perceived benefit is so indirect, and remote, that an independent person would not be willing to pay for the activities giving rise to the benefit and therefore should not be considered as intragroup service to the incidental recipient.

Example 2

An enterprise that had obtained a higher credit rating due to it being a member of a multinational group should not be charged for its mere association with the group. However, if the higher credit rating is due to a guarantee provided by another group member, then an intragroup service can be considered to have been rendered

On-call services

An on-call service is where a parent company or a group service centre is on-hand to provide services such as financial, managerial, technical, legal or tax advice to members of the group at any time.

This service is considered non-chargeable under the following circumstances:

  • Service is easily and promptly available even without any standby arrangement;

  • The potential need for such service is remote;

  • Where there is no/negligible benefits derived from the service.

If there are exceptional circumstances which require on- call services to be considered as chargeable services, it must be proven that an independent person in comparable circumstances would incur such charges to ensure availability of the services when the need for them arises

Source : IRBM Chapter VI-Intragroup Services

CHAPTER VI - Intragroup Services | Lembaga Hasil Dalam Negeri Malaysia

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  • Wisma KTP, 53 Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru

  • Wisma THK, 41, Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru

KTP (Audit, Tax, Advisory)

An approved audit firm and licensed tax firm operating under the KTP group based in Johor Bahru providing audit, tax planning, advisory and compliance services to clients

THK (Secretarial, Bookkeeping, Payroll, Advisory)

A licensed secretarial firm in Johor Bahru providing fast reliable incorporation, secretarial services, corporate compliance services, outsource bookkeeping, and payroll services to clients

KTP Lifestyle

An internal community for our colleagues on work and leisure.

KTP Career

An external job community on vacancy in Johor Bahru for interns, graduates & experienced candidates.

#Ktp #Thks


 


 

(Update) 2% Withholding Tax on Commission to Agents

(Update) 2% Withholding Tax on Commission to Agents
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(Update) 2% Withholding Tax on Commission to Agents

Payer:

• Company pays monetary commission to the individual agent, dealer and distributor

• Company remits the withholding tax to IRB w̴i̴t̴h̴i̴n̴ ̴3̴0̴ ̴d̴a̴y̴s̴ ̴f̴r̴o̴m̴ ̴p̴a̴y̴m̴e̴n̴t̴ ̴d̴a̴t̴e̴ by end of following month

Payee:

• Individual resident

• Received more than RM100k of commission whether in monetary or otherwise (such as accrual) from the same company in the calendar year 2021

• Exclude the commission of employees reported in Form E

• Income tax payable can be deducted by withholding tax

Payments of Withholding Tax

The payments must submit

1. Form CP107D — Pin 2/2022 in PDF form and

2. Appendix CP107D(2) in Excel format via email to the payment centres before making the payments.

This email submission is compulsory for payments via payment counters or post.

  • Kuala Lumpur Payment Counter

    pbkl-cp107d@hasil.gov.my

  • Kuching Branch

    pbkc-cp107d@hasil.gov.my

  • Kota Kinabalu Branch

    pbkk-cp107d@hasil.gov.my

Penalty:

• 10% penalty if the payer fails to remit 2% to IRB within 30 days

• Commission is not allowed for tax deduction

Further Reference

Read our past post on withholding tax on commission to agents :

1. (Latest update) Withholding Tax on Payments to Agents dated on 21.04.2022

https://bit.ly/3uFIQNj

2. Withholding Tax on Payments to Agents dated on 17.03.2022

https://bit.ly/3L3JzOB

3. 2% withholding tax on commission dated on 30.12.2021

https://bit.ly/3hRrk20

4. 预算案 2022 dated 19.11.2021

https://bit.ly/3tKU7dM

5. Budget 2022 - SME edition dated on 18.11.2021

https://bit.ly/3IWhAiR

Source

IRBM PEMAKLUMAN PINDAAN PENGOPERASIAN POTONGAN CUKAI 2%

OLEH SYARIKAT PEMBAYAR KEPADA EJEN, PENGEDAR ATAU

PENGAGIH (INDIVIDU PEMASTAUTIN) MULAI JULAI 2022 Dated 9/7/2022

https://bit.ly/3apJqrL

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  • Wisma KTP, 53 Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru

  • Wisma THK, 41, Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru

KTP (Audit, Tax, Advisory)

An approved audit firm and licensed tax firm operating under the KTP group based in Johor Bahru providing audit, tax planning, advisory and compliance services to clients

THK (Secretarial, Bookkeeping, Payroll, Advisory)

A licensed secretarial firm in Johor Bahru providing fast reliable incorporation, secretarial services, corporate compliance services, outsource bookkeeping, and payroll services to clients

KTP Lifestyle

An internal community for our colleagues on work and leisure.

KTP Career

An external job community on vacancy in Johor Bahru for interns, graduates & experienced candidates.

#Ktp #Thks


 


 

unabsorbed business loss carried forward 10 years

unabsorbed business loss carried forward 10 years
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How many years can unabsorbed business losses can be carried forward?

Public Ruling 1/2022 - Time limit on unabsorbed adjusted business losses carry forward

IRB has produced the first public ruling of 2022 !

The objective of this Public Ruling (PR) is to provide an explanation on the time limit for unutilised or unabsorbed adjusted business losses arising from a business of a person to be carried forward.

Background

Effective year of assessment 2019, unabsorbed adjusted business losses carried forward for a period of 7 consecutive years of assessment.

But…subsequently.

The time limit for unabsorbed adjusted business losses carried forward arising from a relevant year of assessment change from a 7 consecutive years of assessment to 10 consecutive years of assessment through the Finance Act 2021 [Act 833] effective year of assessment 2019.

Tax Implication

Any balance of unabsorbed adjusted business losses after the

end of the period of 10 consecutive years of assessment is to be disregarded (ie lost).

T & C on Dormant Companies Solely

There has been no substantial change in the company’s shareholding.

By shareholding, Compare the last day of last YA and the first day of next YA on shareholding.

  • More than 50% of the paid-up capital.

  • More than 50% of the nominal value of the allotted shares.

Sections 44(5A) to (5D) – shareholder continuity rules

In a nutshell, where the shareholding of a company was changed substantially during a basis period, any unabsorbed loss and capital allowance brought forward were disregarded – ie were effectively lost forever.

These provisions have been somewhat suspended or deferred as it has been confirmed by the tax authorities that these rules are only applicable in the case of a substantial change of shareholding in dormant companies.

This is further validated via

  • Form C guidebook page 8

  • Post budget technical

  • LHDN dasar dan garis panduan untuk menbenarkan kerugian terkumpul dan elaun modal yang tidak diserap dibawa ke hadapan

    https://phl.hasil.gov.my/pdf/pdfam/GP_Membenarkan_kerugianterkumpul.pdf

Source

Public Ruling 1/2022 Time limit on unabsorbed adjusted business losses carry forward

https://phl.hasil.gov.my/pdf/pdfam/PR_01_2022.pdf

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An approved audit firm and licensed tax firm operating under the KTP group based in Johor Bahru providing audit, tax planning, advisory and compliance services to clients

THK (Secretarial, Account, Payroll, Advisory)

A licensed secretarial firm in Johor Bahru providing fast reliable incorporation, secretarial services, corporate compliance services, outsource booking, accounting and payroll services to clients

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Investment Tax Allowance Incentive Malaysia

Investment Tax Allowance Incentive Malaysia
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Tax Incentives For The Manufacturing Sector : Investment Tax Allowance

The major tax incentives for companies investing in the manufacturing sector are the Pioneer Status and the Investment Tax Allowance.

Qualifying Criteria

Eligibility for Pioneer Status and Investment Tax Allowance is based on certain priorities, including the level of value-added, technology used and industrial linkages.

Eligible activities and products are termed as “promoted activities” or “promoted products”. (See Appendix I: List of Promoted Activities and Products – General)

The company must submit its application to MIDA before commencing operation/production.

(i) Investment Tax Allowance

As an alternative to Pioneer Status, a company may apply for Investment Tax Allowance (ITA).   A company granted ITA is entitled to an allowance of 60% on its qualifying capital expenditure (factory, plant, machinery or other equipment used for the approved project) incurred within five years from the date the first qualifying capital expenditure is incurred.

The company can offset this allowance against 70% of its statutory income for each year of assessment. The remaining 30% of its statutory income will be taxed at the prevailing company tax rate.

Any unutilised allowance can be carried forward to subsequent years until fully utilised. 

Applications should be submitted to MIDA.

 

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Case Study : Tax incentives on the manufacturing of animal feeds from MIDA ?

Case Study : Tax incentives on the manufacturing of animal feeds from MIDA ?
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How to apply tax incentives on the manufacturing of animal feeds from MIDA ?

Tax Incentive Application for Animal Feed Ingredients

Under the Promotion of Investments Act 1986, Small Scale Manufacturing Companies are eligible for the following tax incentives for manufacturing promoted products or activities:

a) Pioneer Status with a full tax exemption for 5 years, or

b) Investment Tax Allowance can be offset against 100% of statutory income for 5 years of assessments.

 

Besides, the Company needs to full fill the SME definition as follows to apply this tax incentive:

a) Companies with shareholders’ funds of up to RM500,000 with at least 60% Malaysian equity

b) Companies with shareholders’ funds of above RM500,000 and not exceeding RM2.5 million with 100% Malaysian equity.

Scenario

XYZ Sdn Bhd (Name changed to protect the privacy of the Company) is a new transfer client to the KTP Group of Companies. During the discussion with directors, we understand that the Company has the intention to manufacture animal feed supplements. The supplements will help the cows to produce more milk.

Thus, we have studied and identified the tax incentive for this business nature. Manufacturing animal feed is one of the promoted activities listed under Small Scale Manufacturing Companies (Appendix III).

Struggles

Firstly, we have contacted the MIDA officer to confirm manufacturing of animal supplements is fall under animal feed ingredients.

Following that we have arranged a virtual meeting with the MIDA officer and the Company directors. Prior to the meeting, the MIDA officer asks for some details as follows for an initial discussion with the client.

The information required such as:

a) shareholders fund and

b) employment,

c) project cost,

d) raw materials and

e) process flow chart.

Solution

After providing the details, the officer has further studied in detail and guided us on the application of the tax incentive to the next steps.

Source:

http://www.ctim.org.my/file/news/15/00141_Tax%20Incentive%20for%20Small%20Scale%20Manufacturing%20Companies.pdf

https://www.mida.gov.my/wp-content/uploads/2020/12/20200425151042_Appendix20III20Small20Company.pdf

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Should I declare rental income in Malaysia

Should I declare rental income in Malaysia
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What happen if you don’t declare rental income?

Omission of Rental Income

Any person who makes an incorrect return by omitting or understating any income.

Penalty

S113(1)(a) of the Income Tax Act

Make an incorrect return by omitting or understating any income

RM1,000 to RM10,000 and 200% of tax undercharged

 

S113(1)(b) of the Income Tax Act

Give any incorrect information affecting the tax liability

RM1,000 to RM10,000 and 200% of tax undercharged

 

S114 of the Income Tax Act

Wilfully and intent to evade or assist any other person to evade tax

RM1,000 to RM20,000 or imprisonment not exceeding 3 years and 200% of tax undercharged

 

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The exemption of foreign source income - what next

The exemption of foreign source income - what next
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Confusion on the exemption of foreign source income

On 31st December 2022, our government has agreed to exempt taxation on foreign source income (FSI) for resident taxpayers to ensure the smooth implementation of the tax initiative, said the Ministry of Finance (MoF).

The tax exemption is effective from Jan 1, 2022 to Dec 31, 2026.

Subject to Inland Revenue Board criteria and guidelines, income tax exemption on dividends will be given to companies or limited liability partnerships while individuals will be tax-exempted for all types of income.

Exclusion on the exemption

The exemption on foreign source income does not apply to company that receives income from renting properties overseas, interest income and royalty income.

These incomes will be subjected to Malaysia tax upon remittance into Malaysia.

Double Tax Relief

Relief from double taxation can be provided under two ways namely exemption method and tax credit method. Under the exemption method, specific income is taxed in one of the two countries and exempted in another country.

If the Malaysian company suffered tax on the rental/interest/royalty income which is remitted into Malaysia, a taxpayer can claim double tax relief under Section 132 or single tax relief under Section 133.

 

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Changes of Form C Year Assessment 2022

Changes of Form C Year Assessment 2022
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(Update) Changes of Form C Year Assessment 2022

1. Income from the source of business(es) and partnership(s) outside Malaysia received in Malaysia effective from 01.07.2022 – Item A2, A7, A20

Aggregate statutory income from sources of business(es) and partnership(s) outside Malaysia received in Malaysia effective from 01.07.2022

Effective from 1 January 2022, the exemption given to Malaysian residents on income from sources outside Malaysia received in Malaysia under paragraph 28, Schedule 6, ITA 1967 has been withdrawn. Income from sources outside Malaysia which is remitted to Malaysia by a resident whether active or passive other than from sources arising from operations carried on in Malaysia, is subject to income tax.

Special guidelines related to tax treatment for income from sources outside Malaysia received in Malaysia will be published on the IRBM Official Portal.

This item must be filled in by a resident company that remits business and/or partnership income from sources outside Malaysia to Malaysia effective from 1 July 2022.

 

2. Apportionment of Chargeable – Item B2a – B2g

Cukai Makmur – 33% - Companies with taxable income exceeding RM100 million for the basis period for the year of assessment 2022 other than companies subject to the tax rate under paragraph 2A of Part I of Schedule 1.

 

3. Particulars of Schedule 7A allowance – Item C3 & C4

The company is eligible to claim RA PENJANA and extension of RA PENJANA if it incurred an eligible expenditure during the Year of Assessment 2020 to 2024 in accordance with the provisions of paragraphs 2B and 4C of Schedule 7A of ITA 1967.

Eligible expenditure incurred in the Year of Assessment 2019 (if any) is not entitled for RA in Year of Assessment 2019.

Nevertheless, a separate calculation needs to be made between the RA PENJANA and the ordinary / extension of RA ending in the Year of Assessment 2018. The calculation of the seven (7) year restriction of unabsorbed RA PENJANA will commence in the Year of Assessment 2025 and will end in the Year of Assessment 2031. Balance of unabsorbed RA PENJANA will be disregarded from the Year of Assessment 2032.

 

4. CLAIM FOR LOSSES – Part E

From 7 consecutive years to 10 consecutive years.

With effect from the Year of Assessment 2019, unabsorbed current year losses are only allowed for carrying forward to be absorbed for a maximum period of up to ten (10) consecutive years [Subsection 44(5F)].

 

5. Carries out controlled transactions under sections 139 and 140A – Item F8

More information need to fill in
 

6. Made payments in the basis period which are subject to withholding tax under sections 107A, 107D, 109, 109A, 109B, 109E, 109F and 109G – Item G2

Tax deduction of 2% under section 107D - Payments made in cash by the paying company to appointed agents, dealers or distributors who are resident individuals.

Withholding tax rate:

Tax deductions at a rate of 2% is applicable for payment made in the form of cash to agents, distributors or distributors in the current year.

Such tax deduction is only applicable if the total amount of payment, whether in cash or non-cash, made by the paying company to the agents, dealers or distributors in the previous year exceeds RM100,000.

7. Carry on e-Commerce – Item G4a

A company is considered to be engaged in e-commerce business if the business operations are included in the e-commerce business model as in the table below.

This business model is a general guide for taxpayers.

For more information, please refer to the Guidelines on Taxation of Electronic Commerce Transactions dated 13th May 2019

guidelines_e_commerce_13052019.pdf (hasil.gov.my)

8. Website / social media address – Item G4b

Previously mention “Website/blog address (if any). Now change to “address of the website / social media that is used to conduct the business (if any)”.

9. Particulars of auditors – Item Part H

Income tax no. of the firm - Income tax number of the audit firm as registered with IRBM.

10. Particulars of the Tax Agent and signature of the person who completes this return form.

Income tax no. of the firm - Income tax number of the tax agent’s firm as registered with IRBM..

11. Declaration - Amendments in the declaration

If this return form is prepared based on the liquidator’s account in accordance with the requirements under the Companies Act 2016 (If item 6 = 3), fill in ‘3’ in the relevant box.

Tax Information Collection Program Malaysia

Tax Information Collection Program Malaysia
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IRBM Information Collection Program

Overview

Do you know that LHDNM has a program called Information Collection Program?

This program is to collect the data of multiple sources of income, purchases, and ownership of assets, association/club memberships, and others.

Therefore, if you have received the notice/letter under Section 81 of the Income Tax Act 1967, it is compulsory to submit the information to LHDNM within 30 days from the date of the notice/letter.

Key takeaways:

You will understand the objective and consequence as follows: --

1. What is the objective of the program?

2. Who is required to submit the information?

3. What types of information are to be provided?

4. When is the deadline for submission?

5. What are the consequences of non-compliance?

Summary of learning

1. What is the objective of the program?

- To provide the information for tax base expansion and support the enforcement and compliance activities conducted by LHDNM.

2. Who is required to submit the information?

- Government agencies, private companies and individuals.

3. What types of information are to be provided?

- Information on payment to insurance agents/distributors/wholesalers/broker, part-time authors/ stringers/ instructors and etc

- License or rental payment made for liquor business, day/night market, tenants/ owners of retail space/lots and etc

- Petrol stations business: total sales and supply of fuel in quantity (in Litre) and value (in RM).

- Buyer information on acquiring services such as vacation packages, luxury vehicle rental, spa and beautician services and others.

- Information of members of associations and organizations

- Information on real-estate assets owners

- Information on the owner of new buildings/homes (residential or shop houses, office buildings or etc)

- Buyer information on acquiring cars or vehicles

4. When is the deadline for submission?

- 30 days from the date of the notice.

- If a longer time is needed, an application to extend the submission time can be made to the relevant LHDNM Branch.

5. What are the consequences of non-compliance?

- A RM200.00 – RM20,000.00 fine or imprisonment for a term not exceeding six months of both.

Sources

Information Collection Program - https://bit.ly/3sO7xX1

 

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A vacancy tax on unsold properties Malaysia ?

A vacancy tax on unsold properties Malaysia ?
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What is the ''proposed'' vacancy tax Malaysia ?

A vacancy tax is a tax levied on properties that have been left vacant and unused for a period of time.

Its objective is to deter speculators and developers from “hoarding properties” with the aim of making a profit when the price rises.

A vacancy tax is to resolve high unsold units in the market

Proposed Mechamism

A vacancy tax could be levied as a percentage of the gross selling price of the unit?

The proposed tax is applicable to properties above RM500,000 selling price.

 

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KTP (Audit, Tax, Advisory)

An approved audit firm and licensed tax firm operating under the KTP group based in Johor Bahru providing audit, tax planning, advisory and compliance services to clients

THK (Secretarial, Bookkeeping, Payroll, Advisory)

A licensed secretarial firm in Johor Bahru providing fast reliable incorporation, secretarial services, corporate compliance services, outsourcing bookkeeping, and payroll services to clients

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What is the minimum tax penalty under the revised tax audit framework?

What is the minimum tax penalty under the revised tax audit framework?
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What is the minimum tax penalty under the revised tax audit framework?

What Is Tax Audit Framework

The tax audit frameworks are to ensure that tax audits are carried out fairly, transparently, and impartially. appeals, etc.

The frameworks outline the rights and responsibilities of audit officers, taxpayers, and tax agents.

This includes sections on the objectives of a tax audit, the selection of cases, the tax audit implementation, offenses and penalties, complaints and appeals, etc

Revised Offences and Penalty

The main changes in the latest tax audit frameworks are in regard to the section on offenses and penalties.

Under the previous frameworks, an initial penalty of 45% applied, with an increase to 55% for repeated offenses.

The penalty is revised and reduced as follows:

  • 15% for the first offense;

  • 30% for the second offense; and

  • 45% for the third and subsequent offenses.

Guideline on offenses

The determination of the tax penalty rate for the first offence or the second offence is referred to the taxpayer’s record on the penalty which has been imposed under subsection 113(2) of the ITA from 1 January 2020 to 30 April 2022.

If the taxpayer has not been penalised under subsection 113(2) of the ITA during the period from 1 January 2020 to 30 April 2022, any audit findings from 1 May 2022 involving the imposition of penalties under subsection 113(2) of the ITA shall be considered the first offence (15%).

If the taxpayer has been penalised under subsection 113(2) ITA during the period from 1 January 2020 to 30 April 2022, any audit findings from 1 May 2022 involving the imposition of penalties under subsection 113(2) of the ITA shall be considered the second offence (30%).

Technical Adjustment

No penalty will be imposed under subsection 113(2) of the ITA for any underpaid or omission of income in respect of the audit findings involving technical adjustments.

Technical adjustments refer to cases which involve different interpretations of the legislation, according to the facts and issues of the particular case.

It does not apply to cases where public rulings, guidelines, practice notes, income tax regulations, income tax exemption orders or income tax rules have been issued by the IRB.

Fraud

If a taxpayer intentionally makes an incorrect return, the penalty to be imposed under Section 113(2) of the ITA will be at the rate of 100%.

Voluntary Disclosure

The penalty rate under Section 113(2) of the ITA for voluntary disclosures is 15%.

However, in cases where a taxpayer has made a voluntary disclosure, and subsequently makes an additional voluntary disclosure within six months from the due date of the submission of the return form, the penalty rate for the additional voluntary disclosure will be 10%

Others

Audit Meja (Desa Audit) renamed to Semakan Umum

Audit Luar (Field Audit) renamed to Semakan Seluruh

 

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An approved audit firm and licensed tax firm operating under the KTP group based in Johor Bahru providing audit, tax planning, advisory and compliance services to clients

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How to apply International Integrated logistics service (IILS) from MIDA

How to apply International Integrated logistics service (IILS) from MIDA
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How to apply International Integrated logistics service (IILS) from MIDA

What is an International Integrated logistics service (IILS)?

In Malaysia, the company must obtain an International Integrated Logistics Services (IILS) status from MIDA (Malaysian Investment Development Authorities) before acquiring the Freight Forwarding Agents/Customs Agent Licence from the Royal Malaysian Customs Department (RMCD).

The IILS status company is required to be involved in the following activities:

• Warehousing

• Transportation

• Freight Forwarding

• Distribution

• Other value-added services (Example: break bulking, palletising, labelling, etc)

And to fulfil the following criteria:

• Owned 20 units of commercial vehicles and 5,000m2 warehouse space;

• Employ majority of Malaysians;

• Use Malaysia as a hub for logistics supply chain services;

• Substantial usage of ICT infrastructure

Client’s Challenges

ABC Sdn Bhd is an existing logistic service provider. The company is planning to expand its business by providing freight forwarding services.

However, ABC Sdn Bhd has no ideas on how to get the Freight Forwarding Agent licence from the RMCD. The company is also not familiar with the procedure to obtain IILS status from MIDA.

How KTP help our client?

KTP conducted a meeting with the company’s directors. After understanding the business plan from the directors, we advised the company to apply for the IILS status with MIDA.

KTP advised and assisted the company throughout the application:

• To ensure the criteria are fulfilled by the company

• To advise the information or documents required for the application

• To assist the company in forecasting the revenue and costs

• To ensure the completeness of the information and documents required before submitting the form

• To liaise with the MIDA officer on the issues raised from the application.

Impacts

The company successfully obtained IILS status from MIDA. The company is eligible to proceed with the application for Freight Forwarding Agents/Customs Agent Licence from the RMCD.

 

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An approved audit firm and licensed tax firm operating under the KTP group based in Johor Bahru providing audit, tax planning, advisory and compliance services to clients

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DuitNow Tax REfund

DuitNow Tax REfund
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DuitNow Tax Refund

DuitNow is now a refund option for taxpayers without having to provide their bank account details to IRBM.

i. What is the additional channel for a tax refund?

With effect from 1 March 2022, Inland Revenue Board Malaysia (IRBM) allows individual taxpayers to choose to receive their tax refund via Duitnow,

It is applicable to those who have submitted their Income Tax Return Form for the YA2021.

ii. What is DuitNow?

- DuitNow is a latest inter-bank money transfer method.

- It uses only MyKad Number or Passport Number as an ID

iii. Why DuitNow?

- Easy and safe

- Real-time transfer

- No transaction limits

iv. How to Use DuitNow for Tax Refund?

• To register DuitNow with the respective banks by using MyKad Number or Passport Number as Identity Number.

• However, DuitNow registration using a mobile phone number will not be accepted by IRBM for tax refund purposes

• The taxpayer is required to choose this method during the e-filing submission or manual submission of their income tax return form.

• Taxpayers are not required to provide their bank account details.

• If the tax refund made via DuitNow fails, the refund will automatically be made via Electronic Fund Transfer by using the taxpayer’s bank account number and name that is registered with the IRBM.

Source:

DUITNOW AS A MEDIUM FOR TAX REFUND

HASiL_MR_28_March_2022_LAUNCHING_OF_DUITNOW_AS_A_MEDIUM_FOR_TAX_REFUND.pdf

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KTP (Audit, Tax, Advisory)

An approved audit firm and licensed tax firm operating under the KTP group based in Johor Bahru providing audit, tax planning, advisory and compliance services to clients

THK (Secretarial, Bookkeeping, Payroll, Advisory)

A licensed secretarial firm in Johor Bahru providing fast reliable incorporation, secretarial services, corporate compliance services, outsourcing bookkeeping, and payroll services to clients

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An internal community for our colleagues on work and leisure.

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THK Group of Companies THK Management Advisory Sdn Bhd 200401000220 (638723­X) THK Secretarial PLT 202304003367 (LLP0037327-LGN)

Wisma THK, No. 41, 41-01, 41-02, Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru, Johor, Malaysia.
+6012-771 7903 (Secretary Department)
+6012-771 7803 (Account Department)
+607-361 3443

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