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(u-turn update) foreign-source income budget 2022

(u-turn update) foreign-source income budget 2022
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(u-turn update) foreign-source income budget 2022

Background information from Budget 2022

Under the Budget 2022 proposal, the exemption of foreign-sourced income received by any person (other than a resident company carrying on the business of banking, insurance or sea or air transport) which is provided under Paragraph 28, Schedule 6 of the Income Tax Act 1967 is proposed to be removed for Malaysian residents.

The proposed removal is to take effect from 1 January 2022. The amendment to the law is to be made through the Finance Bill 2021 which has been passed by both houses of Parliament.

Last minutes u-turn

The Ministry of Finance has announced today that subject to conditions, which will be set out in guidelines to be issued by the Inland Revenue Board, the following foreign-sourced income received from 1 January 2022 to 31 December 2026 (5 years) will continue to be exempted from Malaysian income tax:

• Dividend income received by resident companies and limited liability partnerships.

• All classes of income received by resident individuals, except for resident individuals who carry on business through a partnership.

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2% withholding tax on commission

2% withholding tax on commission
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2% withholding tax on commission

Overview

Recent Budget 2022 proposed the Company needs to pay 2% withholding tax on commission paid to the individual agent, dealer, and distributor to IRB.

Effective date

With effective from 1/1/2022 under Section 107D

Key takeaway

You will understand:

(a) Payer who needs to withhold 2% of commission and remit to IRB

(b) Payee who is subject to withholding tax

(c) Penalty for not remitting the 2% withholding tax

Summary of learning

Payer:

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

• Company remits the withholding tax to IRB within 30 days from payment date

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

Penalty:

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

• Commission is not allowed for tax deduction

Scenario

Company A paid RM120,000 commission to individual agent B in the calendar year 2021.

So, agent B is subject to withholding tax.

From 1/1/2022, Company A needs to withhold 2% of the commission paid to agent B and remit it to IRB within 30 days.

Agent B individual tax return:

Tax payable x

(-) Tax instalments xx

(-) Withholding tax xxx_

Balance tax payable/ refund xxxx

Sources

https://bit.ly/3HkBGSr

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CP 21 CP22 CP22A CP22B LHDN

CP 21 CP22 CP22A CP22B LHDN
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CP 21 CP22 CP22A CP22B LHDN

IRB concession to enforce?

Calling HR/Account Do it before 31 December 2021 on your newly recruited & resigned employees in your company as IRBM ….

The IRBM, under the Covid 19 pandemic, has agreed to give employers to use and submit paper forms for Forms CP21, CP22, CP22 and CP22B until 31 December 2021.

The IRBM will only enforce the method submission of Forms CP21 CP22, CP22 and CP22B (version of the form prescribed under section 152 ACP1967) from 1 January 2022.

Effective from 1 January 2022 Forms CP21, CP22, CP22 and CP22B shall be submitted according to the prescribed method.

Penalty

Delay or failure to submit Form CP21, CP22, CP22 & CP22B is an offense and if convicted, is liable to a fine of not less than RM200 or not more than RM20,000 or imprisonment not exceeding six (6) months or both under subsection 120 (1) of ITA 1967.

Effective from 1 January 2021, Form CP21, CP22, CP22A and CP22B must be submitted using the form prescribed by the IRBM.

Type of CP Form

CP 21 (Notification of employee leaving Malaysia)

Not less than 30 days before the date the employee is expected to leave Malaysia

i. Online via e-SPC ii. Handover iii. Through post

CP 22 (Notification of new employees)

Within 30 days after employment commence

i. Hand in hand ii. Through post

CP 22A (Notification of Cessation of employment for private sector)

Not less than 30 days before cessation

i. Online via e-SPC ii. Handover iii. Through post

CP 22B (Notification of Cessation of employment for public sector)

Not less than 30 days before cessation

i. Online via e-SPC ii. Handover iii. Through post

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2022 Major Tax Changes on LLP

2022 Major Tax Changes on LLP
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2022 Major Tax Changes on LLP

Does an LLP need to be audited in Malaysia?

In the past, a Limited Liability Partnership is not required to prepare an audited financial statement.

Effective from Year of Assessment 2022, under Section 77A(4) of the Income Tax Act 1967, A LLP is required to furnish tax returns based on the accounts are true and fair.

Tax estimation for LLP

10% penalty on tax payable will be imposed on LLP when there is no estimation furnished under Section 107C (10A) of the Income Tax Act 1967.

Such penalty shall be due and payable upon furnishing the tax return of that LLP.

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FAQ on Special Income Remittance Programme (PKPP)

FAQ on Special Income Remittance Programme (PKPP)
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FAQ on Special Income Remittance Programme (PKPP)

IIRBM has issued the frequently asked questions (FAQ) on the PKPP on 17 December 2021 following the media release on - Special Program (PKPP) on remittance of foreign income dated 16/11/21.

IRBM encourages taxpayers to participate in this special program that is offered to update their tax position.

Key summary of the FAQ on PKPP :

  • The implementation period of PKPP is from 1 January 2022 to 30 June 2022 (PKPP period).

  • Individuals, companies, LLP & etc which are Malaysia tax residents are eligible for PKPP.

  • Foreign income from business, employment, dividend, rental, interest, royalty or others are covered under PKPP.

  • Foreign income is “received” when the income is remitted, brought in, transferred into Malaysia physically or via banking methods.

  • A tax rate of 3% (gross) on income brought into Malaysia during the said period.

  • There is no audit review, investigation or penalty on income brought into Malaysia during the PKPP period.

  • All income brought into Malaysia will be accepted in good faith by IRBM.

  • Income must be brought into / remitted into Malaysia within the PKPP period.

  • Taxpayers must make a declaration to join the PKPP not later than 30 days after the expiry of the PKPP period.

  • Tax payments shall be made in accordance with the normal payment arrangements prescribed for the year of assessment 2022 or 2023 whichever is applicable.

  • PKPP does not involve income derived from Malaysia which is subject to tax for the year of assessment 2021 and subsequent years of assessment and is remitted into or brought back to Malaysia during the PKPP period.

  • Taxpayers can claim foreign tax credit (either foreign income tax or withholding tax). The claim must be supported with documentary proof.

  • Taxpayers can make an online declaration with Borang PKPP which can be accessed through MyTax from 1 January 2022 onwards.

  • Taxpayers are required to report the foreign income remitted in the tax return form for YA 2022 - 2023.

KTP takeaways

IRBM will review and examine the information on income of the Malaysian tax residents kept overseas that has been received through the tax information exchange agreements with other countries after 30/6/22.

Based on the review, if IRBM found that Malaysian source income kept overseas has not been reported, additional assessment can be raised together with penalties.

IRBM will issue frequently asked questions (FAQs) as well as guidelines relating to the PKPP to the public in due course.

Source

IRB FAQ on PKPP (in Bahasa)

https://phl.hasil.gov.my/pdf/pdfam/FAQ_PKPP_1.pdf

IRBM media release on PKPP

https://phl.hasil.gov.my/pdf/pdfam/KM_LHDNM_16112021_PROGRAM_KHAS_PEREMITAN_PENDAPATAN_YANG_DISIMPAN_DI_LUAR_NEGARA.pdf

Update on the tax on remittance of foreign source income into Malaysia

1. IRBM Media Release on PKPP 7/12/2021

https://www.ktp.com.my/blog/irbm-special-remittance-program-pkpp/08dec21

2. Finance Bill on foreign source income remitted into Malaysia 10/11/2021

https://www.ktp.com.my/blog/foreign-source-income-malaysia-taxable/10nov21

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How do I transfer shares of a deceased person ?

How do I transfer shares of a deceased person ?
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How do I transfer shares of a deceased person ?

Introduction

Section 109 of the Companies Act, 2016 applies if the right of shares is transmitted to a person by operation of law.

When the right of shares can be transmitted?…. The existing member is deceased or becomes bankrupt.

How to transmit?

1. Give notice to the company in writing requesting his/ her name to be registered as a shareholder together with a copy of the Death Certificate of the deceased.

2. Supported by any document

a) the will or

b) letters of administration

3. Register the (beneficiary) person as a shareholder with SSM within 60 days.

Question:

Can the company directors refuse to approve the transmission of shares to the beneficiary?

Refer to the Malaysia case law: Ng Chong Wee v Ng Chong Geng & Sons Sdn Bhd

The Court of Appeal referred to the English case of Moodie v W & J Shepherd (Bookbinders) Ltd where the House of Lords explained the distinction between transfer and transmission.

Such transmission shall not affect any power of a company to register a (beneficiary) person as a shareholder to whom the right to shares has been transmitted by operation of law.

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𝐒𝐒𝐓 𝐫𝐞𝐟𝐮𝐧𝐝 𝐨𝐧 𝐛𝐚𝐝 𝐝𝐞𝐛𝐭𝐬

𝐒𝐒𝐓 𝐫𝐞𝐟𝐮𝐧𝐝 𝐨𝐧 𝐛𝐚𝐝 𝐝𝐞𝐛𝐭𝐬
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𝐒𝐒𝐓 𝐫𝐞𝐟𝐮𝐧𝐝 𝐨𝐧 𝐛𝐚𝐝 𝐝𝐞𝐛𝐭𝐬
Sales & service tax have different accounting treatments. We must clearly know the accounting basis to avoid incorrect submission.
Let’s say the customer couldn’t make the payment to us, but we have submitted and paid SST on the relevant sales. Can we apply for the SST refund? Don’t worry, let us talk about the claim of SST refund for bad debts.
𝐀𝐜𝐜𝐨𝐮𝐧𝐭𝐢𝐧𝐠 𝐛𝐚𝐬𝐢𝐬 𝐨𝐧 𝐒𝐒𝐓 𝐨𝐧 𝐛𝐚𝐝 𝐝𝐞𝐛𝐭𝐬
Sales Tax - Accrual basis
Sales Tax is accounted for when the goods are sold, disposed of, or used.
Example:
Company A is a mechanical parts manufacturing company. The company issues invoices to customers on 15/09/2021. Therefore, the sales tax will be calculated based on the date of the invoice and submitted in the coming tax period.
Service Tax - Payment basis
Service Tax accounted : When receiving payment from a customer;
If the customer has not paid within 12 months, the taxpayer will have to pay the service tax to the customs on the first day after 12 months from the invoice date.
Example:
Company B is a service provided company. The company issues invoices to customers on 15/09/2021, but customers make payments on 17/12/2021. Therefore, the service tax will be calculated based on the date of payment and submitted in the coming tax period.
Company B is a service provided company. The company issues invoices to customers on 15/09/2021, but the customers have not paid for it for more than one year. Therefore, the service tax will be calculated on the first day after 12 months from the invoice date (15/09/2022) and submitted in the coming tax period.
𝐂𝐥𝐚𝐢𝐦 𝐟𝐨𝐫 𝐚 𝐫𝐞𝐟𝐮𝐧𝐝 𝐢𝐧 𝐛𝐚𝐝 𝐝𝐞𝐛𝐭𝐬
When the company is unable to recover the arrears from the customer, the company can request a tax refund for the paid sales and service tax from the customs. However, the company must fulfil the following conditions to claim this tax refund:
𝐒𝐚𝐥𝐞𝐬 𝐓𝐚𝐱
The company has written off all or part of the unrecoverable sales tax in the accounts as bad debts.
The company has taken reasonable actions to recover the sales tax from customers.
The company must apply for this sales tax refund within six years from the date the sales tax is paid.
𝐒𝐞𝐫𝐯𝐢𝐜𝐞 𝐓𝐚𝐱
The company has written off all or part of this unrecoverable service tax as bad debts in the accounts.
The company has taken reasonable actions to recover the service tax from customers.
The company has not recovered any payments related to service tax from the customers.
This unrecoverable service tax has been paid to the customs.
The company must apply for this service tax refund within six years from the date the service tax is paid.
𝐓𝐡𝐞 𝐜𝐚𝐥𝐜𝐮𝐥𝐚𝐭𝐢𝐨𝐧 𝐦𝐞𝐭𝐡𝐨𝐝 𝐟𝐨𝐫 𝐜𝐥𝐚𝐢𝐦𝐢𝐧𝐠 𝐭𝐡𝐞 𝐫𝐞𝐟𝐮𝐧𝐝 𝐢𝐧 𝐛𝐚𝐝 𝐝𝐞𝐛𝐭𝐬
i）If the company has received a part of the payment for the sales of taxable goods,
the claim can be made for the difference between the sales tax paid and the amount
calculated as below formula：
A / B X C (A divided by B and multiplied by C)
A = Payment received from the customer
B = Total amount of the invoice including tax
C = Tax amount of the invoice
Example： Company A is a registered company. The company has issued an invoice with RM 110,000.00, but company A only receives payment of RM 60,000.00 including tax from customers. Later, the customer declared bankruptcy, and he was unable to repay the debt. Company A has paid a 10% tax to the customs. Therefore, Company A is eligible to claim the bad debt sales tax refund from the customs based on the following calculations：
𝐓𝐡𝐞 𝐂𝐚𝐥𝐜𝐮𝐥𝐚𝐭𝐢𝐨𝐧 𝐌𝐞𝐭𝐡𝐨𝐝：
RM 60,000.00 / RM 110,000.00 x RM 10,000.00 = RM 5,454.55
Hence, the bad debts that Company A can claim from the custom are RM4,545.45 (RM10,000.00 – RM5,454.55)
ii）The required form for applying for the bad debt repayment is Form JKDM No.2. This form must be submitted to Cawangan Perakaunan Hasil according to zone /state /station.
𝐃𝐨𝐜𝐮𝐦𝐞𝐧𝐭𝐬 𝐑𝐞𝐪𝐮𝐢𝐫𝐞𝐝 𝐟𝐨𝐫 𝐑𝐞𝐟𝐮𝐧𝐝
Copy of invoice or payment received.
SST-02 form and SST listing
Documents or records which prove that the sales tax paid by the customer has not been received.
Documents or records which prove that reasonable actions have been taken to claim taxable payments from customers.
Documents or records which prove that the unrecoverable sales of taxable goods have been written off as bad debts on the accounts.
Remarks: If you request the SST refund from the customs, but subsequently receive payment from the customer, you shall report the SST and pay it to the customs!
𝐒𝐨𝐮𝐫𝐜𝐞𝐬
For more details, please visit the official website：
Accounting for SST
Sales and Service Tax 2018 (Sales Tax 2018 - Pg. 24 to 27, Service Tax 2018 - Pg. 32 to 34)
Form JKDM No.2
𝐕𝐢𝐬𝐢𝐭 𝐮𝐬
Wisma 𝐊𝐓𝐏, 53 Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru
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Is expenses capital or revenue?

Is expenses capital or revenue?
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Is expenses capital or revenue?

Capital expenditures are for fixed assets, which are expected to be productive assets for a long period of time.

Revenue expenditures are for costs that are related to specific revenue transactions or operating periods, such as the cost of goods sold or repairs and maintenance expense

What is Capitalized?

A capitalized item is recognized as an asset on the Balance Sheet.

Normally It has the economic future benefit, able to generate revenues and the useful life is at least one year.

What is Expensed?

The expensed item is recognized as an expense/cost of goods sold on the Income Statement.

It is the money spent and the cost incurred by a company in running a business and generating profit.

Example of Capitalized Expenses

ABC Sdn Bhd is required to construct a new building as an office. For the construction, the company pays the cost of labour at RM15,000.00 and the cost of construction material at RM 50,000.00.

The total cost of RM 65,000.00 will be capitalized because the useful life of the building is more than one year, and it has the economic future benefit and the ability to generate revenues for the company.

Example of Expense-Off Expense

ABC Sdn Bhd has constructed a new building as an office on 2 years ago. During the year, the company pays RM 10,000.00 to repair the roof of the building.

In this case, the cost of repairs being expensed. This is because the cost occurs once, and it is to fix the damage part in order the company able to use the building to run the business.

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LHDN Can Now Access Taxpayers' Bank Accounts Without Informing Or Seeking Permission

LHDN Can Now Access Taxpayers' Bank Accounts Without Informing Or Seeking Permission
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LHDN Can Now Access Taxpayers' Bank Accounts Without Informing Or Seeking Permission

Dewan Rakyat has passed the Finance Bill 2021 on 15 December 2021 and one of the amendments, Section 106A of the Income Tax Act 1967.

Section 106A ITA 1967

New S106A ITA 1967 fall under Part VII Collection and Recovery of Tax

LHDN will also no longer have to inform taxpayers when requesting their bank account details from banks for review or investigation.

The banks are not allowed to disclose to anyone that such a request has been made.

The taxpayer was, in the past, required to sign a consent form before banks were allowed to furnish relevant information to LHDN.

What happens if you fail to pay taxes?

LHDN can execute the judgment against you. One of the normal methods used by LHDN is garnishee order.

What is Garnishee Proceeding?

A garnishee proceeding is a process of enforcing a money judgment by the seizure or attachment of debts due to the judgment debtor that forms part of his property available in execution.

In short, a civil proceeding is instituted against a taxpayer. A judgment has been obtained against that taxpayer for LHDN to obtain taxpayer’s bank account information from the financial institutions.

Final words

If you don’t owe any tax due, are you worry?

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Can you be a director if declared bankrupt?

Can you be a director if declared bankrupt?
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Can you be a director if declared bankrupt?

Latest SSM action on qualification of a director

SSM published a media statement on 09 December 2021 to caution all the companies directors on the importance of a person qualification to act as the company director.

The media statement specified about a former company director with bankrupt status was convicted of 2 offences under Section 125(1) of CA, 1965 to act as a company director without obtaining permission from the court.

Background story

Mr Hung Lye Huat, former company director of Global Agriculture Sdn Bhd with bankrupt status was found to have signed Form 48A (Statutory Declaration before appointment as director) dated 24.01.2017 and Form 32A (share transfer form) dated 26.01.2017 whereas he was an undischarged bankrupt and had never obtained court permission to act as a director during that period.

Contravention of Company Act

According to Section 125(1) of CA, 1965, every person who is an undischarged bankrupt act as director of, or directly or indirectly takes part in or is concerned in the management of, any corporation except with the leave of the Court shall be guilty of an offence against this Act. Failure to comply shall impose a penalty of imprisonment for five (5) years or RM100,000 or both.

At the end, the court has imposed a fine of RM8,000.00 or 3 months imprisonment if fails to pay; after the accused pleads guilty through plea bargaining.

Let look at the Section 198(1)(a) of CA, 2016 (with effect from 31.01.2017) on the requirement on the disqualified from being a director. Under this new act, it provides that an undischarged bankruptcy cannot hold office as a director or take part in the management of the company. It is regardless whether his/ her bankruptcy is within or outside Malaysia.

Any Exemption?

Can a person with bankruptcy status be appointed or hold office as a director? The answer is yes; however approval is required either from the Official Receiver (OR) or the Court as according to Section 198(3) of CA, 2016.

If option by way from the Court approval, the person shall serve a notice to the OR and the Registrar of Companies on his/ her intention to apply for such leave. The registrar shall be made as a party to the proceeding; whereas the OR will be heard in court.

Severe Fine and Penalty

Any penalty for contravenes this section? Refer to Section 198(7) of CA, 2016, a heavier penalty to be imposed as compared to Section 125 (1) of CA, 1965 where offender shall be liable to imprisonment for a term not exceeding five (5) years or to a fine not exceeding RM1 million or both.

SSM take seriously the qualification of a person to act as the director. This is proven from the additional requirement and also increase 10 times the amount of fine under Section 198 of CA, 2016 as compared to Section 125 (1) of CA, 1965.

Hence, any appointment to act as director of a company should not take for granted by merely making a declaration under Section 201 of the Companies Act 2016. It should be supplementary along with comprehensive background research of the person such as bankruptcy search with Jabatan Insolvency Malaysia to avoid any heavy penalty imposed on the contradiction of the act.

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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

 

 

RMCD Special Voluntary Disclosure & Amnesty Program (VA)

RMCD Special Voluntary Disclosure & Amnesty Program (VA)
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RMCD Special Voluntary Disclosure & Amnesty Program (VA)

Background of VA

Under the proposed indirect tax amnesty program, taxpayers will be encouraged to voluntarily disclose underpaid or unpaid indirect taxes arising from errors or mistakes made in indirect tax filings or submissions, in exchange for reduced penalties.

Taxpayers who have failed to register and comply with indirect tax filing requirements are also expected to be eligible for the VA.

Key summary of VA

Special Voluntary Disclosure and Amnesty Program (VA) will be implemented with effect from 1 January 2022.

The VA program will be introduced in two (2) phases with penalty remission (with full payment during the said period) :

  • 1 January 2022 to 30 June 2022 : 100% penalty remission

  • 1 July 2022 to 30 September 2022 : 50% penalty remission

What is VA?

The VA program will involve two (2) distinct programs :

1. Voluntary disclosure program : Taxpayers can voluntarily disclose any unpaid or under-reported indirect tax/duty not known or discovered by RMCD under this program.

2. Amnesty program – Taxpayers with any outstanding Bill of Demand (“BOD”) or who have been audited by the RMCD Compliance Division and received audit findings on non-compliance areas can enjoy penalty and tax/duty remissions under this program.

The VA program will cover all indirect taxes administered by RMCD, including Sales Tax, Service Tax, GST, Tourism Tax, Departure Levy, Import Duty, Export Duty and Excise Duty.

Good faith

Voluntary disclosure submitted in good faith will be accepted. No audit will be conducted on the activities and periods involved.

Once the VA period is over, RMDC will enhance enforcement with hefty penalties.

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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

 

 

Stock written off tax deductible

Stock written off tax deductible
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Stock written off tax deductible

Issue

Whether the stock written off need to add back in tax computation? in what circumstances have to add back?

Fact

According to PR 2/2020, this ruling explains that if it is an actual write-off of stock in trade, then it is deductible. If it is just a provision for obsolescence of stock in trade, it will need to add back to tax computation.

Tax opinion

If it is an actual write-off of stock in trade that is charged to the profit and loss account is allowable for tax-deductible. If it is a provision for obsolescence of stock in trade, it will need to add back in tax computation.

Source

Public Ruling 2/2020 tax treatment of stock in trade part 1 – valuation of stock

https://phl.hasil.gov.my/pdf/pdfam%20PR_02_2020.pdf

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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

 

 

Upkeep of motor vehicle tax treatment

Upkeep of motor vehicle tax treatment
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Upkeep of motor vehicle tax treatment

Issue

For the purchase of a new non-commercial motor vehicle for a company, specifically, a lorry, is initial insurance and road tax-deductible as expenses or need to add back as capital in nature?

Fact

1. According to PR 6/2015 #5.2, Expenditure in respect of the vehicle which does not qualify for capital allowance claim is as follows:

(i) road tax, insurance and hire purchase interest does not qualify for capital allowance as the expenditures are recurring expenses which allowable as expenditures under subsection 33 (1) of the ITA.

2. Under subsection 33(1) of the ITA, an expense wholly and exclusively incurred in the production of gross income from a source is allowable as a deduction against gross income from that source. As long as the lorry is used for business purposes wholly and exclusively, the expenses incurred are tax deductible.

Tax opinion

Road tax and insurance do not qualify for capital allowance. However, they can be deductible as expenses as this is recurring expenses which is allowable as expenditure under subsection 33(1) of the ITA.

Source

1. Public Ruling No. 6/2015 : Qualifying expenditure and computation of capital allowances

https://phl.hasil.gov.my/pdf/pdfam/PR_6_2015.pdf

2. Income Tax Act 1967 – Section 33(1) Adjusted income generally

https://phl.hasil.gov.my/pdf/pdfam/Act_53_20190101.pdf

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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

 

 

KTP | THK Investment Club 2022/2023

KTP | THK Investment Club 2022/2023
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KTP | THK Investment Club 2022/2023

Greetings!

Warren Buffet once quoted: Never depend on single income, make investment to create a second source.

We are delighted to introduce our KTP | THK Investment Club Committee for 2022/23.

Composition of the committee

It is led by our AM Arthur and comprises our colleagues Chris. More members will be joining the committee as the time comes.

Our Group Principal Mr Koh Teck Peng will be the mentor of this committee.

The Objectives

KTP | THK Investment Club Committee aims on learning and making money :

1. Organise learning events to invest in stock based on Value Investment methodology

2. A platform to evaluate stock based on Value Investment principles

3. Sharing of investment experience from our mentor Mr Koh Teck Peng

4. Invest in cryptocurrency

5. & etc.

Pre-conditions of joining the Investment Club

1. Open a CDS account with Bursa Malaysia

2. Open a Luno/Tokenize for cryptocurrency investment

Let us guide you to lead a better prospect investment life where it will change your future for a greater purpose.

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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

 

 

2022年预算案 (Free: 线上教导- 简化转让定价文件)

2022年预算案 (Free: 线上教导- 简化转让定价文件)
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2022年预算案 (Free: 线上教导- 简化转让定价文件)

财政部长于10月29日在国会下议院提呈2022年财政预算案。由于疫情对经济造成的严重创伤仍显现，为了引导国家走向经济复苏，本次财政预算案分为三大主轴；加强复苏、建立经济韧性和推动革新。

想知道这次的预算案对你的业务有什么帮助或者影响吗？欢迎加入KTP | THK 预算案研讨会，我们将会跟大家概述2022年预算案中最主要的税务更新与改变。

Bonus：免费教导简化转让定价文件 (Limited/Simplified/Minimum transfer pricing documentation)

课程内容：

  • 第 1 节：2022 年财政预算案—其改变和对纳税人的影响

  • 第 2 节：准备简化转让定价文件。

2022年预算案课程

  • Subject : 2022年预算案 (Free: 线上教导- 简化转让定价文件)

  • Date : 20.12.2021

  • Time : 10:30 am to 12:00 pm

  • Venue : Zoom

  • Fee : 免费

  • Language : 中文

  • Registration link (仅开放 KTP｜THK 现有客户) : https://bit.ly/31uTpYp

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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

 

 

LHDN Personal Tax Relief 2021

LHDN Personal Tax Relief 2021
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Malaysia Personal Tax Relief 2021

As we know time is left until the Year 2022 is around 3 weeks and it is almost over!

That’s mean it is time for us to rummage through our house, looking for the receipts!

You can decide the tax saving for your personal tax granted by Lembaga Hasil Dalam Negeri (LHDN).

So, do not miss out on any claim! Here is a complete tax relief checklist at a glance.

Click Personal Tax Relief Year 2021

Remember

you must keep your receipts properly as evidence to avoid any penalty imposed by LHDN!

Source:

Public ruling 5/2021 Taxation Of A Resident Individual Part I - Gifts Or Contributions And Allowable Deductions

https://phl.hasil.gov.my/pdf/pdfam/PR_05_2021.pdf

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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

 

 

Xero Bronze Partner

Xero Bronze Partner
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THK Management Advisory Sdn Bhd (Partner account) is now a Xero, an online accounting software, bronze partner.
𝐕𝐢𝐬𝐢𝐭 𝐮𝐬
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.

Account job near Johor Bahru

Account job near Johor Bahru
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拒绝平凡...加入我们

你是否常常在问你自己 ?

1. 跟对了目前老板?

2. 跟对了公司?

3. 厌烦你目前的工作？

4. 没机会发挥的长处?

KTP是间有20年++ 中小型会计楼, 俗称 ”𝐚𝐜𝐜𝐨𝐮𝐧𝐭𝐢𝐧𝐠 𝐟𝐢𝐫𝐦”, 急需一位积极, 认真, 诚信度与公司的配合度高, 懂得使用电脑SQL, Xero, Audit Express, BrassTax 系统. 五天制. 精通中, 英书写及对话. 吸收能力强的人才.

𝐀𝐜𝐜𝐨𝐮𝐧𝐭 𝐀𝐬𝐬𝐨𝐜𝐢𝐚𝐭𝐞

基本条件：

📌欢迎有相关会计工作经验或相关文凭者申请

📌提供在职培训

📌勤劳肯学

📌有使用SQL，XERO accounting software经验者优先，但是不是必须的

📌会基本的中，英，巫文

📌能即刻上班者为佳

𝗔𝘂𝗱𝗶𝘁 𝗔𝘀𝘀𝗼𝗰𝗶𝗮𝘁𝗲

基本条件：

📌需有会计相关的专业文凭，或金融/或相关领域的学士学位

📌做事认真严谨、有较强的学习能力&沟通协调能力

📌欢迎毕业🎓生

📌通晓英，华，巫文

为何加入我们？

📌免费提供专业培训

📌给你一个完全没有office politics 的环境，让你开开心心工作🥰

📌给你work life balance的理念，让你玩的时候尽力玩

📌公平的薪金制度

有意者请发你的履历表至：𝗰𝗮𝗿𝗲𝗲𝗿𝘀@𝗸𝘁𝗽.𝗰𝗼𝗺.𝗺𝘆

Visit Us

  • 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

 

 

Special Income Remittance Programme (PKPP) to Malaysian Residents

Special Income Remittance Programme (PKPP) to Malaysian Residents
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Special Income Remittance Programme (PKPP) to Malaysian Residents

IRBM media release on - Special Program (PKPP) on remittance of foreign income dated 16/11/21.

IRBM will issue frequently asked questions (FAQs) as well as guidelines relating to the PKPP to the public in due course.

IRBM encourages taxpayers to participate in this special program that is offered to update their tax position.

Key summary of the PKPP :

  • The implementation period of PKPP is from 1 January 2022 to 30 June 2022 (PKPP period).

  • A tax rate of 3% (gross) on income brought into Malaysia during the said period.

  • There is no audit review, investigation or penalty on income brought into Malaysia during the PKPP period.

  • All income brought into Malaysia will be accepted in good faith by IRBM.

  • Income must be brought into / remitted into Malaysia within the PKPP period.

  • Taxpayers must make a declaration to join the PKPP not later than 30 days after the expiry of the PKPP period.

  • Tax payments shall be made in accordance with the normal payment arrangements prescribed for the year of assessment 2022 or 2023 whichever is applicable.

  • PKPP does not involve income derived from Malaysia which is subject to tax for the year of assessment 2021 and subsequent years of assessment and is remitted into or brought back to Malaysia during the PKPP period.

KTP takeaways

IRBM will review and examine the information on income of the Malaysian tax residents kept overseas that has been received through the tax information exchange agreements with other countries after 30/6/22.

Based on the review, if IRBM found that Malaysian source income kept overseas has not been reported, additional assessment can be raised together with penalties.

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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

 

 

Deferment of CP204 CP500 Payment Budget 2022 Part 2

Deferment of CP204 CP500 Payment Budget 2022 Part 2
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Deferment of CP204 CP500 Payment Budget 2022 Part 2

The Postponement of 6 instalments on 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.

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)

Tax penalty ?

The increase in taxes for late payment of instalments will not be imposed for instalments deferred during the deferment period

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).

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

 

 

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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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