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.
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=businesshttp://www.malaysianbar.org.my/index2.php?..._pdf=1&id=18134This post has been edited by cherroy: Jan 6 2011, 01:29 AM