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 Income Tax Issues

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cherroy
post Jul 27 2010, 04:11 PM

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QUOTE(Mark Chan @ Jul 27 2010, 03:59 PM)
However, this is indeed the loss that caused by such rulling made by our PM during the budget.

What do you think the chances of getting deductible? I juz submit the tax return with such inclusion, but no feedback yet from my tax agent.
*
Not every loss, write-off is deductible from the tax perspective, so does profit.

I think it is about 50:50, this kind of issue has no precedental case, so IRB only can make such a final decision.

Good luck.
cherroy
post Aug 10 2010, 03:56 PM

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QUOTE(andrekua @ Aug 10 2010, 12:20 AM)
I received a letter from them, demanding me to pay them 2010 bonus income tax. I was like wtf, this year dunno got bonus or not and amount also unsure, you want me to pay what!!

Apparently a few in my company also get it. We are some sort of partnership among relatives, therefore low salary but compensate with higher bonus depending on company performance. IRB really dare to abuse their power.
*
Nowadays, company, sole-proprietorship, even PCB, all are paying ahead or pre-installment one.

Company every year even before new financial year begin, they need to provide forecast for their next year profit, and paying tax ahead (some sort like PCDB for individual)

With the current new system, there is little tax being paid when the assessment year ended.
cherroy
post Aug 10 2010, 11:29 PM

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QUOTE(andrekua @ Aug 10 2010, 11:25 PM)
Yeah, Im paying. I mean, my boss is deducting my contribution as stated. When receiving bonus, it will be deducted before being pay to us. Why IRB has to force me to pay something that I havent received?
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QUOTE(andrekua @ Aug 10 2010, 12:20 AM)
Apparently a few in my company also get it. We are some sort of partnership among relatives, therefore low salary but compensate with higher bonus depending on company performance.
*
You already answered your question before.

You are not actually an employee. Just my guess based on the statement/info posted.

Especially, if your track record consistently has been so, (high bonuses).



This post has been edited by cherroy: Aug 10 2010, 11:50 PM
cherroy
post Aug 11 2010, 11:18 AM

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QUOTE(andrekua @ Aug 11 2010, 07:06 AM)
Cherroy,

Im just an employee. All the directors are my relatives, so I ter-use 'we' there. Right now my salary is RM3k and the norm is I pay somewhere less than RM100 if Im not mistaken. But now IRB wants me to pay RM500++ from July till Feb. Make sense to pay RM500++ for RM3k salary?
*
You still can talk to them, appeal and discuss with them about it.
They will explain why they want you to pay such an installment.

We here cannot give you an exact answer.
But for sure, they have their own reason, like based on previous track record of your income/bonus which the bonus may be too huge a sum to start with from the previous track record which has been consistently so, which total annual income is the key criteria to determine.
I don't know, just my guess.

The best move is to seek clarification from them.





cherroy
post Jan 6 2011, 12:36 AM

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QUOTE(donkee @ Jan 5 2011, 10:52 PM)
All allowances are chargeable income as they are a form of income to you. However, certain allowances can be reduced should you have incurred actual expenses. For example,

Monthly Allowance  = RM300
Actual expenses    =(RM220)
Chargeable income = RM 80
As above, it's chargeable income. Unlike travelling allowance, productivity allowance may not have expenses that can be used to deduct against the allowance.

*
No, only specific allowance stated can be tax exempted, like transport (as stated in the LHDN ruling, which can be changed from time to time), can have tax exempted status.

If not, all allowance is taxable and you cannot put in expenses to reduce the taxable income for individual.
Individual's expenses cannot be used to reduce your gross taxable income, unless got stated specifically inside the ruling, like personal relief of RM9000, computer Rm3000 etc.
cherroy
post Jan 6 2011, 12:50 AM

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QUOTE(donkee @ Jan 6 2011, 12:46 AM)
That's the common belief among people sometimes even tax agents... see example 8 of the rulling

So long as the expense relates to that of the allowance, it is deductible up to the allowance received.
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It just means the allowance given is tax exempted, it is not deducting the personal expense out.
If the ceiling if the allowance tax exempted is Rm100, then it mean up to Rm100 of the allowance being tax exempted.
Nothing to do with the personal expenses part of story.
Even you spend only Rm10 out of the meal allowances, you still entitled the tax exempted of the RM100.

This post has been edited by cherroy: Jan 6 2011, 12:51 AM
cherroy
post Jan 6 2011, 01:27 AM

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QUOTE(donkee @ Jan 6 2011, 01:05 AM)
Quote from Malaysian Taxation 2005 Eleventh Edition pg 97,

2.5.2 All allowances paid by employer to the employees will be assessed on gross amount under s 13(1)(a). In general, the allowances provided would be clothing, travelling and entertainment allowances.

2.5.2.2 Travelling and entertainment allowances are assessable on gross amount. Should the employee incur any expense in performing his duties, the expense would then be allowed as a deduction against gross income in arriving at his adjusted income from employment. Such expenses need to substantiate with receipts, if required by the tax authorities.


This is that from a 2005 edition however i belief it still applies. I remember i've read a ruling on this before but i believe this book from Choong Kwai Fatt will do.

reason for edit:
change grammar mistake.
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Transport allowance, and many allowances on tax part has been changed.

Tax-exempt employee benefits — allowances
QUOTE
The following tax benefits provided to employees from Jan 1, 2008 to Dec 31, 2008 will be tax deductible against business income for employers AND exempted from tax on employees. These benefits are also available for YA2009.

(a) Petrol card/petrol allowance/travel allowance

An employer providing petrol cards, petrol allowance or travelling allowance to employees to travel from home to workplace or office will be allowed up to RM2,400 a year.

(b) Meal allowance for working overtime, travelling outstation.

© Parking allowance.

(For (b) and ©, the allowance must be reasonable and justifiable depending on the nature of work and position of employee.)

(d) Medical treatment for employees, spouses and children to include traditional medicine such as ayurvedic treatment and acupuncture.

(e) Interest subsidies on housing, car and education. The total loan amount is restricted to RM300,000.

(f) Childcare allowance up to RM2,400 a year.

(g) Employers’ products or services which can be provided free or at a discount which must not exceed RM1,000 a year.

Employers involved in the manufacture of food and car accessories may consider providing the products to employees to reduce their cost of living in the current economic slowdown.

These allowances need to be disclosed in the Form EA as tax-exempt benefits although they are not taxable on employees.

Official duties – travelling allowance

When employers provide petrol cards, petrol allowance or travelling allowance to salaried personnel, such as reporters and other employees, to carry out official duties, this form of allowance is taxable on the employee and must be reflected in their respective EA Forms.

Employees must keep a record of the actual expenses incurred in relation to official duties and set off the amount incurred against the allowance received. This is an added burden and responsibility on the employee. The records have to be kept for a period of seven years.

Employees may end up paying additional tax under the self-assessment system if they report the employment income as per the EA Form without deducting the actual travelling expenses incurred while on official duty to carry out the employers’ business.

In the Budget 2009 announcement, the Government said petrol cards, petrol allowance, travelling allowance and toll cards for official duties up to RM6,000 a year will be tax-exempt.

This means that the employer will exclude RM6,000 a year from the taxable income of employees as reported in the EA Form. However, the employer needs to disclose this RM6,000 as a tax-exempt benefit in the EA Form.

Employees receiving travelling allowances not exceeding RM6,000 a year will no longer be required to keep the required receipts to substantiate their claims.

This incentive applies from YA2008.

However, if the employer provides, for official duties, petrol card, petrol allowance, travelling allowance and toll card exceeding RM6,000 a year, the employer is required to report in Form EA in two sections:

(a) Tax exempt benefits: RM6,000

(b) Part of taxable employment income – salary, bonus, entertainment allowance – and the petrol/travelling/toll amount in excess of RM6,000

In this case, the employee is now required to keep all receipts to substantiate her claims.
http://biz.thestar.com.my/news/story.asp?f...65&sec=business

http://www.malaysianbar.org.my/index2.php?..._pdf=1&id=18134

This post has been edited by cherroy: Jan 6 2011, 01:29 AM
cherroy
post Jan 6 2011, 03:16 PM

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QUOTE(donkee @ Jan 6 2011, 07:00 AM)
Lol, looks like both of us is partially correct. First RM6k exempted, thereafter is taxable but can reduced by actual expense. Am I right cherroy?
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I don't think so.
If it can be reduced by expenses, why they stated RM6K as ceiling limit and also, this ruling is unnecessary already if can further reduced by expenses.
Get what I mean.

If they stated 6K as the limit, it just means you can't claim more than 6K.

My advice to all, do not claim any amount as tax-exempted, until you are fully clear and seek clarification from IRB/LHDN if you are not sure, like Ipad issue.


cherroy
post Jan 8 2011, 02:07 PM

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QUOTE(stacko @ Jan 8 2011, 01:35 PM)
I bought books at Popular with member card discounts. The price and amount discounted are clearly printed on the receipts. Which amount should I use to calculate the tax exemption for books, the original price or the discounted price?
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For sure, discounted price.
cherroy
post Jan 12 2011, 10:26 AM

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QUOTE(Robin Liew @ Jan 11 2011, 11:40 PM)
first house?
meaning previously got another house  but sold already
then buy a house at 2009, can claim the 10k rebate?

like my income about rm175k per year
is it a lot if claim the 10k rebate? since interest one month for the housing loan itself is rm2200

last yr i tersilap claimed the 10k but actually interest only rm5k because first yr low interest..... my mistake

at end kena penalty from tax deprt rm2k++ sad.gif and they ask me pay back the tax and never gave any i mean any rebate at all for the housing loan
how come no rebate since got rm5k interest accured?
*
No rebate/relief for housing loan.

Those stated is just housing loan interest relief , and only specific properties bought during that particular period.
cherroy
post Jan 28 2011, 10:05 PM

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QUOTE(CKJMark @ Jan 28 2011, 03:42 PM)
I am not sure about bonus.  But I think:-

- PCB is deducted in the month they pay you the bonus
- Bonus us taxed in the year the performence relates to (Pay in 2011 for 2010 work, taxed in 2010)

You can double check with your HR on this.
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No, the lastest I know, bonus (whatever income) is taxed based on the date you are getting, disregard the money is for 2010 performance bonus or 2009.

As I asked this before.


Added on January 28, 2011, 10:06 pm
QUOTE(pth2309 @ Jan 28 2011, 02:20 PM)
Pls help on bonus issue as below:-

If i receive the bonus for Year 2010 in Jan 2011, will the related PCB for bonus be calculated in Jan 2011..??
Or i have to include it in Year 2010 when i submit my form BE this coming April..??

If my company include year 2010 bonus in 2010 EA from (which i received the $$ only in Jan 2011), is it the correct way to declare..?? or they should show in my 2011 Ea form..??

Many Thanks..!!
*
It should be 2011 EA.

Income is about money when you received at that time, and disregard it is for what.


Added on January 28, 2011, 10:13 pmhttp://www.malaysiantaxation.com/2008/08/2009-malaysian-budget.html
QUOTE
F) Tax Treatment on Bonus and Directors' Fees
Present Position-
Income tax on bonus and directors' fees is based on the year such incomes are receivable. However, generally bonus and directors' fees are received in the following year. The tax payer will declare the bonus and directors' fees in the year such incomes are received.

Proposed change-
It is proposed that bonus and directors' fees be taxed in the year such incomes are received.

Effective: Year of Assessment 2009

Comment:
i) The proposal allowed companies to declare and accrued the directors' fees and bonuses in 2008 and paid in the following year in 2009;and

ii) Employees need only to declared the 2008 directors' fees and bonuses in Form EA 2009 and Form B or B 2009 , based on receipt basis in 2009;

iii) This would eliminate the administrative work of the DG of inland revenue from issuing Form JA 2008.


This post has been edited by cherroy: Jan 28 2011, 10:13 PM
cherroy
post Jan 31 2011, 03:52 PM

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QUOTE(idunnolol @ Jan 31 2011, 01:17 PM)
Ok. If i get audited. I just need to show them those receipt? Those receipt will be kept by company or me?
*
The receipt belonged to company, not you.
As it is registered under company expenses, company need the receipt for account auditing.
cherroy
post Jan 31 2011, 05:43 PM

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QUOTE(idunnolol @ Jan 31 2011, 05:34 PM)
Thanks cherroy . On my side, What are the proper documents i should have from the company for those claims? Cause my claims can reach up to 20-30k a year and thats where my headache start
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You must have proper documentation that those money company pay you one is reimbursement, normally, company do have black and white documentation, slip/voucher that the money pay for you is for what.
Company also want to have a voucher for it, if not auditing process won't go through.
Constantly pay you without documentation?
Auditor will feel suspicious if without any documentation or didn't state anything.


cherroy
post Jan 31 2011, 10:24 PM

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QUOTE(idunnolol @ Jan 31 2011, 07:39 PM)
Because my company dont have inhouse accountant or auditor so everything i have to DIY  rclxub.gif
*
So DIY loh. biggrin.gif

Even you use external auditor, the auditor will question those amount of money (reimbursement) if without any documentation.
cherroy
post Feb 1 2011, 01:33 PM

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QUOTE(idunnolol @ Jan 31 2011, 11:01 PM)
I am using those Off the shelves RM 5 pre-made salary slip that have a reimbursement column. Is that ok?
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Your salary slip must have your company chop or show it is issued by company.
Stated clearly those amount money is reimbursement and is not salary.
Make sure the particular reimbursement is tax exempted in the tax ruling. <--- be sure on this first.



cherroy
post Feb 1 2011, 05:30 PM

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QUOTE(jerrykhor @ Feb 1 2011, 04:53 PM)
i just received the year 2010 Statement Of Live Assurance Premium Paid.
As we knew, for medical/life, only 60% of premium paid are eligible for tax relief as medical policy (normally life policy is full cause got EPF), just not sure where should we fill the OTHERS? can we categorize it as medical relief?

user posted image
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If it doesn't state it is for what, do not "pandai-pandai" classify it on your own. smile.gif

Ask relevant official in charge, or insurance company, the "other" definition.

Do not claim and do not classify by your own, if not sure.

Once claim wrongly, penalty.
cherroy
post Feb 1 2011, 11:46 PM

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QUOTE(alwiser @ Feb 1 2011, 08:17 PM)
This is boggling my mind.

I made RM 300k+ last year all through: (example amount)

1. Sell software, oversea.
2. Sell ownership of software.
3. AdSense.
4. Sell websites.

All of these occurred while I was in Malaysia but none of the money came from Malaysia. The money is in a current account that I opened under a Sole Prop registered with SSM.

Can I be tax-exempted since these are all income derived from sources outside of Malaysia, none of the websites were hosted in Malaysia, etc.

Only problem is the money is in Malaysia?

What should I do?

Can somebody recommend an accountant?
*
Your income is derived in Malaysia, because you are here.
Not classified as foreign income.
So your income is not tax exempted.

It is similar to those export orientated business/company, their money is also come from foreign, if you can tax-exempted, so do them.

Unless you are tax at the foreign soil aka where the website hosted, then you can file a tax exempted request based on double taxation treaty signed between country.

Just my 2 cents, I might be wrong.
cherroy
post Feb 2 2011, 12:58 AM

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QUOTE(idunnolol @ Feb 2 2011, 12:28 AM)
Cherroy.

I did find a article at Chartered accountants website here
http://chartered-accountants.com.my/tax_gu...0individual.pdf

It states that

Travelling Expenses which you have incurred on traveling in the course
of performing your duties.Reimbursement for actual expenses is not taxable on you. However, you cannot claim for the
expenses of travelling between your home and place of work

That Place of work is confusing to me because my home is my office and my place of work is normally at Hospitals. So i cant claim for reimbursement for the petrol from my home to the work site?
*
LOL, this is a bit complicated, as it can be both interpretation.
In this kind of scenario, it is better to ask the LHDN official in charge.

cherroy
post Feb 9 2011, 10:33 AM

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QUOTE(juichuan @ Feb 9 2011, 10:22 AM)
My questions:-
1. Is it better to file separately?
2. If file separately, there is a column in the registration form that require my husband's information (name, IC number, No. Rujukan Cukai etc). Should i leave it blank? or fill in the information? If i fill it in, LHDN would question why do i file it separately since i am married?

Please advise.
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1. It depends, but filing separately mean both got individual relief of RM8k or RM9k for lastest

2. You still need to fill in.
Filing separately after married is very norm.
There is no requirement or must, after married must file together.
cherroy
post Feb 13 2011, 05:43 PM

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QUOTE(lsl43 @ Feb 10 2011, 02:25 PM)
I'm a homemaker doing some freelance accounting job for few companies. Would like to ask about Tax issue. I use to sell some of my stuff (such as gift with purchase, sample , free gift, good used condition kids item and etc ) via ebay . May I know does these receipts from my online selling need to pay income tax ? How do I take up in my account book ? ( I prepare a simple account for all my freelance income when submitting my Form B )

Thanks  notworthy.gif
*
For sure, it is taxable.


QUOTE(DannGun @ Feb 13 2011, 12:33 PM)
hi need to enquire about rental income tax. Let's say i have a house which i am paying RM1k for installments, and getting RM1.5k mthly for rental. Am i going to be charged at a flat rate of RM1.5x12mth or RM1.5k minus RM1k x12mths for tax?
*
Wrong, how much you pay for the installment, doesn't have any related to the issue.

It is only the loan interest alone.
When you are paying installment, you are paying back the loan + interest.


QUOTE(penangmee @ Feb 13 2011, 02:16 PM)
Very simple example

Gross rent  =                    18k (calender year)
less
  interest on loan say          6k  ( not installment paid)

Nett rental    =                  12k (taxable)
*
Only those interest that is deductible that specific under the ruling is deductible.
http://thestar.com.my/news/story.asp?file=...&sec=minibudget
http://www.realestateagent.com.my/Malaysia...%20benefits.htm
http://www.start-investing.com/Malaysia-In...tal-Income.html

I would say be careful about deducting the loan interest, it is not a straight forwards, it has condition to be met.

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