Employer deducted income tax monthly from salary but didn't remit to
income tax department.Already informed to income tax department on this..

DO need to do anything else to be on safer side?

make a photocopy of your salary slip and make a report at income tax department. they will help u to ask the payment from the employer. make a report if not, income tax will go to u instead.

Don't worry, IRB cannot penalise you since they are the one who mandated your employer to collect the payment from you. So if employer lari, its considered their agent absconded with their money ie. you are not liable at all & deemed to have paid all your taxes

one problem is that, do u think that they will really care to check? i had done this few months back bcos my exemployer deduct my epf, income tax n socso. when i called, i thought they will do a thorough check but they asked me to pay until i showed them the proof/complains. so, i think it is better to do 'more' rather than depending 100% on them to help u. trust me, i knew it is not our job but when ppl are not doing their own job, we have to be proactive.

Make photocopies of your monthly pay cheque, related documents and please do not sign any resignation letter before considering the fact your statutory payments are not being settled.

Regards, Joey

What I am stating is the legal position. IRB cannot do as they please, they must also follow law, just like us. If they want us to check then they must provide us with monthly statements. Otherwise its solely their risks and responsibilities. What they are trying to do is to intimidate you in order to cover up their weaknesses. Please be aware, they cannot do anything to you that's not provided for by Law. Trust me, I deal with these morons plenty of times. Be firm and know your rights

This post has been edited by tgeoklin: Jul 6 2009, 05:01 PM

i had submit my proof to them via mail but i guess i will make a report again soon. my exemployer did not submit my epf, socso n income tax although they had deducted it from my salary. epf...it has been more than a yr but nothing happens......it is so disappointing that after so many reports (happens to all my ex colleague) but actions were slow. nothing really happens to them but my exemployer have the guts to sue my excolleague for giving short notice. not many of us can afford a lawyer for this.......

Don't worry, all you need is write a letter to IRB stating the particulars of the act by which the employer is required to deduct your salary and pass to them with the duly notorised pay slip, salary credited into bank statements, letter of employment etc via AR Registered and instructing them to settle or credit your a/c asap and to desists from passing the buck to you further. Make it very clear that its their agent which took their money and thus its their responsibility to make good and not for you to do so. CC to your local papers, MP etc should you want instant results

Seriously, they lost tons of money back in the last recession when lots of companies folded without remitting such deductions but employees are not required to make good such to the IRB, and neither can they force you to do so without revoking the entire PAYEE scheme

Thanks for ur response.

So our job is to inform IRB that tax is deducted frm salary but not deposited by employer to u.
for that we can pass our salary slipsto them

Rest income tax department will catch employer and not employee,right?

If income tax department ask money from employer ..can employer still escape ??
I think by law employer is the one who is liable to pay money to income tax department and
not the employee,right??

plz advise more

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Added on July 17, 2009, 7:28 pmAny further advise..if possible let me know.thanks

This post has been edited by Justin_Lee: Jul 17 2009, 07:28 PM

My previous employer in 2017 deducted income tax from my salary and didn’t remit to LHDN. Totalling up to RM1400. I have the proofs - Payslip, EA FORM, BE FORM, and has presented to LHDN to excuse myself.

However, this denied my of getting my tax refund (RM1200). Multiple reminders have been sent to them to pay but they just ignore. I am thinking of getting this to Labour Department and sue them for my inconveniences.

Do you have any suggestion? May i know who can I refer?

You have opened a new topic: https://forum.lowyat.net/topic/4717721 thus I'm closing this down as it's an old thread.