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 Income Tax Issues

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cherroy
post Mar 21 2009, 10:49 AM

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QUOTE(wufei @ Mar 21 2009, 07:53 AM)
Someone has done the spring cleaning.
Why my post disappear from this thread? and plunge to a closed thread>
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I don't know what you are talking about. But there are another income tax related thread is going on if you can't find income tax related discussion, besides this one.
http://forum.lowyat.net/topic/654361/+240

Posts won't be deleted or disappeared simply, only those non-related to the topic discussed or post being reported offensive etc will not be showed and taken action on it.
Even if a topic is closed, whatever posts are still there.

Edited, none of the post in this thread is being reported nor any modification has been done before. It is still a clean stage topic until now which forumers are contributing lot of information in between. notworthy.gif

This post has been edited by cherroy: Mar 21 2009, 10:51 AM
cherroy
post Mar 21 2009, 11:01 AM

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QUOTE(wufei @ Mar 21 2009, 10:53 AM)
http://forum.lowyat.net/topic/649044

this post suppose to belong here but it was moved to a closed thread.

Is that means my post is non-related to the topic discussed or post being reported offensive etc
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The reason could be duplicating discussion (income tax related issue), which someone might report it, which fellow moderators or TS himself closed it which I am not aware it. Moderators rarely move individual post to other topic unless requested by poster him/herself.

Edited : do you post in this thread in the first place or just a mistake as it is unlikely moderators moving your posts to a closed topic which I am not aware of.

It is best interest to all, all discussion being concentrated in one thread so that ease fo reference and serve a platform of information. Thank you for the cooperation.

If really need the closed thread, and merged into this thread, can PM the moderator.

Cheers.

This post has been edited by cherroy: Mar 21 2009, 11:22 AM
cherroy
post Apr 20 2009, 08:45 PM

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QUOTE(colins @ Apr 20 2009, 05:33 PM)
Hi,
I am wondering if LHDN still sends out the "Penyata Taksiran dan Bayaran" annually? I last receive it in mid-2006 for YA2003 and YA2004.
Basically the statement show the tax and payment made.
I was told that there will be no statement or receipt from LHDN from since YA2005, is that true?
Thanks.
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Form J has stop being issued by LHDN years back.
cherroy
post Dec 27 2009, 06:25 PM

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QUOTE(winner @ Dec 27 2009, 06:12 PM)
I was paying income tax at 27%, the maximum level. Under the new PCB system, my monthly salary is even deducted more. It is actually over-deducted for quite a big sum. Budget 2010 announced that maximum personal income tax rate will be reduced to 26% but I doesn't help to relief me much.

I know it is our responsibility to pay tax based on income level. I am only an employee earning fixed salary in corporate world, and there is not much room to structure my taxable income even though I maximise donotion, medical and purchase of books and computer.

I would like to ask those who are also paying the maximum 27% income tax rate or tax consultants, that how you strategise income tax matter in order to minimise taxable income.
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Joke aside, having more kids also can increase your tax relief. biggrin.gif

If one is an employee and max out the relief part of story like insurance + EPF, like your example, nothing much you can do about it.

One should be glad one is paying the max bracket rate or pay more tax because it just means you are earning more. Every year if you are paying more tax, it is good sign as it means your income has increased (generally)

For sole-proprietorship, if amount is large enough, then there is an option, tax consultant generally will advise open up a sdn bhd as under SME (paid up capital not more than RM2 million <-- I don't quite remember this figure, correct me on this issue) which the first 500K profit is being taxed at 20% only.

cherroy
post Dec 27 2009, 11:08 PM

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QUOTE(winner @ Dec 27 2009, 07:16 PM)
Even under the previous PCB system, my monthly income was also over-deducted. I have roughly calculated and found out that I need to claim back quite a large sum for my 2009 income tax.
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Over deducted may be, but it won't be too huge generally, I believe your company HR got somebody handle the PCB part, can seek explaination and clarification for it.

The PCB table has been worked out to match as close as possible to supposed paid tax. It won't go over or short too huge generally. Unless some special circumstance, sudden large bonuses?

QUOTE(idunnolol @ Dec 27 2009, 08:18 PM)
Guys

I have a sole proprietor company now and wishes to Make it to be a sdn bhd by next year. The problem is this Income tax issue.

Is directors fee tax free or i must declare?

If i were to pay myself a salary, What is the minimum amount for the tax to kick in?

Would it be the company responsibility or personal responsibility to register myself for income tax
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Director fee is taxable, every income is taxable (even collected at the roadside, tongue.gif joking only) unless stated wise not.

Min amount? look at the tax bracket table which is easily available in the website.
cherroy
post Jan 5 2010, 12:30 AM

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QUOTE(idunnolol @ Jan 5 2010, 12:25 AM)
That ruling is so absurd. Just because i am a director and the only sole work force of the entire company, It makes me un-eligible for tax free allowance and claim?

So how to circumvent this ruling?
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The ruling is to prevent people mis-use the allowances and it is specific towards employee benefit not employer.

Because if not, instead of RM10k salaries as a directors post, one can split it into various allowance that are tax deductible which in the end still add up the same 10K, but with more tax deductible allowance, which they don't want people to mis-use or exploit on it.
cherroy
post Jan 6 2010, 12:08 AM

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QUOTE(idunnolol @ Jan 5 2010, 11:46 PM)
I am more concern regarding my Personal Income tax though. Will be trying to do it without tax agent as it cost $$.

Directors income tax only need to be submitted in a personal capacity or will it also be the company's affair?
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No, it is about personal issue, nothing to do with company. Remember in sdn bhd, company and personal issue is totally separated out even the directors might or might not have shareholding in the company.
cherroy
post Mar 2 2010, 11:26 PM

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QUOTE(static @ Mar 2 2010, 07:54 PM)
I thought we can have up to RM500 rebate on internet? I dont see the option in the ebilling sad.gif
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That's for 2010 YA.

Right now, it is about 2009 YA which there is no internet/broadband relief.
cherroy
post Mar 10 2010, 02:32 PM

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QUOTE(daron @ Mar 10 2010, 12:08 PM)
can i take my wife's medical insurance to claim under me if we are doing separate assessment? Also, at the same time transferring my life insurance to her?
i earn more than her so try to optimise the tax reliefs if possible.
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No, end of story. Strictly based on the name.
cherroy
post Mar 11 2010, 04:26 PM

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QUOTE(daron @ Mar 10 2010, 05:20 PM)
so the explainatory note saying that insurance paid for husband/wife is only relevant for joint assessment?

and what about the medical/education insurance for self, spouse and children? is it the same?
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QUOTE(acougan @ Mar 11 2010, 03:28 PM)
correct me if i'm not mistaken, but in a separate assessment, a husband/wife is allowed to claim deduction for buying (& paying) life & medical insurance on the spouse's name, no?
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Yes.

Some useful link to read http://www.malaysiainsuranceguide.com/Tax%20Relief.htm
cherroy
post Mar 12 2010, 12:54 AM

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QUOTE(daron @ Mar 11 2010, 07:50 PM)
sorry for not fully understand this. doing this for 1st year..
but how do we determine who is the payer? i can always say i pay for my wife and my wife paid for mine?
receipts are not going to say who paid for it and the tax relief cert only mentions the insured's name..
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You need to sort out yourself about this issue, and explain to LHDN with proof and documentation.

That's why the guide said, it is could be hassle when dealing this kind of issue.

Tax relief cert only mentioned the insured name, so to be simple, stick with insured name relief. No point husband pay for wife, and claim relief from the wife insurance, then wife pay for husband then claim relief from husband insurance, just like what had been suggested previously. As you may save a little as previous suggested example, but could be hassle afterwards and also LHDN might not agree this kind of doing.


cherroy
post Mar 21 2010, 05:27 PM

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QUOTE(yiivei @ Mar 20 2010, 08:28 PM)
guys, bout the housing loan interest..

can be deductible up to 10k rite?
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Had been answered.
QUOTE(penangmee @ Mar 16 2010, 11:07 PM)
Only interest for house purchased between 10 Mac 2009 & 31 Dec 2010 is eligible for tax deduction.
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QUOTE(kyaizen @ Mar 21 2010, 01:13 PM)
I've been earning a living from the Internet for most of 2009, and have been wondering if Internet business income is taxable. There's a thread somewhere here (quite an outdated one... posted in 2007) that it's not taxable, but I'm just wondering if there's any update on this.

I'm planning to call IRB next week, but anyone with experience and knowledge in this please do share.
kyaizen
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Internet income is tax exempted? blink.gif
I can't find any clause of it.

cherroy
post Mar 21 2010, 05:50 PM

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QUOTE(kyaizen @ Mar 21 2010, 05:45 PM)
Hi Cherroy,

Quoting verbatim from today's Sunday Star article -

"Foreign-sourced income is not taxable even if remitted to Malaysia. So you are not required to report such income in the tax returns. Examples of such income is rental income from properties outside Malaysia and employment income arising from an employment exercised outside Malaysia."

I am assuming that "foreign-sourced income" also covers Internet businesses where the customer base is outside Malaysia.

What do you think?
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Internet income is not as same as foreign source of income, strictly speaking.

If your customer based in outside Malaysia, but operation wise is here, it is considered domestic income, which is taxable. Correct me if I am wrong, my understanding on this issue so far.

Foreign source income is not taxable, because it is taxed at the source there in the first place. So to avoid double taxation arises, that's why got such a ruling.
cherroy
post Mar 27 2010, 04:29 PM

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QUOTE(Pennywise @ Mar 27 2010, 03:20 PM)
2. If I am not mistaken, there is something about us being able to claim broadband internet now but I dont see it in the e-Filing website?
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No for this year, as currently we are submitting for YA2009.

The broadband relief only applicable for YA2010.

QUOTE(raul @ Mar 27 2010, 03:33 PM)
is there is any tax relief for rental income?
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As far as I know, no.

This post has been edited by cherroy: Mar 27 2010, 04:30 PM
cherroy
post Mar 30 2010, 11:05 AM

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QUOTE(ykltpm @ Mar 30 2010, 10:58 AM)
If I have claimed for a new desktop CPU last year, can I claim for a new laptop this year or can I claim for a new keyboard this year also ?
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No, it is once every 3 years.

Keyboard cannot claim, the relief is applicable for a set of computer, buying peripheral or parts are not eligible for the relief, as far as I knew.


QUOTE(Aeon_Clock @ Mar 30 2010, 11:02 AM)
its once in 3 years dude. Not every year claim laugh.gif
but this got me wondering. Let's take his situation for example. If he did not claim a new PC...and kept the receipts from last year (lets say 2008) to this date...can we use those old receipts to claim?
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No
Now we are submitting for YA 2009, whatever receipt or document is related to 2009 matter.
cherroy
post Mar 30 2010, 01:55 PM

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QUOTE(CalvinCLK @ Mar 30 2010, 11:16 AM)
If I buy a CPU by parts(eg. Monitor, casing first, then HDD,memory, cpu, motherboard later) , is it eligible for the tax relief?
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The relief stated Rm3,000 is for buying computer , so spare parts is not qualified strictly speaking.

The wording is
QUOTE
Purchase of personal computer


You can always ask the LHDN officer about the issue, but I believe they will say not qualify by buying spare parts individually/separately even though you assembled yourself afterwards into a PC.
cherroy
post Apr 30 2010, 05:23 PM

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QUOTE(Aeon_Clock @ Apr 30 2010, 03:57 PM)
freelance workers need to pay income tax or not? Income not consistent...
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As long as the annual income is exceeding the threshold or according to the tax computation, then need to pay.
There is no such thing that income not consisten then don't need to pay tax.

It counts towards your annual income.



This post has been edited by cherroy: Apr 30 2010, 05:23 PM
cherroy
post May 9 2010, 09:51 PM

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QUOTE(xSean @ May 9 2010, 02:13 PM)
may i know for sole prop, if my net profit is rm1k for this year, is it i will take all rm1k? if next year net profit is rm100k, then take all rm100k?

another, if my parents not working, can i employ them and pay rm20k annual salary which sure not eligible to pay tax?
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If you personal total gross income is not exceeding the threshold of need to be taxed, then you will take home all 1K.
But for 100K, then no, refer to the tax rate table as your total gross income for the whole year (as if you have others income then must add all together before computing)

You may do it, no one can stop anyone to do anything. But be sure, it is a real employment is going aka you are actually paying them monthly aka a proper employment, including EPF, Socso.

If it is not (not a real employment but just put a name to reduce tax), then it is considered a tax evasion which is an offence.
Thing is not you say what, but what is happening in real.

cherroy
post May 10 2010, 09:32 AM

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QUOTE(xSean @ May 9 2010, 07:40 PM)
this also tax fraud? i can say doing so minor work for me.....
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QUOTE(xSean @ May 10 2010, 12:14 AM)
is not real employment not epf and sosco...but contract...

what u mean thing is not you say what, but what is happening in real?
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Whether tax deductible or not, is depended what is actually happening which can be easily found out by other/auditing, and it is not depended what you say or whatever lame reason.

The explaination as bolded part (as posted) is not acceptable, it can be considered tax evasion, if your intention or word is like bolded part (the bolded red).
When audit time, they will throw out the tax deductible (the 20K as mentioned by you before) and reinstate back and on top of it, penalty you.
Which by then you lose more, doesn't worth it.
cherroy
post Jul 27 2010, 03:29 PM

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QUOTE(Mark Chan @ Jul 27 2010, 01:47 PM)
I also have a question regarding the huge loss that my company incurred in YA 2009.

As we are the foreign outsourcing manpower company, previously the levy that we paid upfront for the workers were deductible from their wages but due to the recent change of ruling somewhere in apr 2009, the levy would then be borne by the employer like us.

As such, this levy that we initially treated as prepayment as for workers who came into malaysia from 2008 to 2009 has no choice but to expense off due to no where we can deduct from worker's earning. Will LHDN recognise such one time loss being declared in YA 2009?

However, as such policy came in without prior notice, we were not able to transfer such added cost to our clients due to constraint on the previously signed contract. In order not to deter the financial cash flow, we had no choice but to keep deducting such levy from the worker's wages only after we reached the new pricing agreement with the clients. In the end, we did return the previously deducted levy back to the workers after few months of new pricing rate took effect meaning we dragged this one time loss impact abt 6 mths later after such annoucement was made. Again, will LHDN accept this onetime write-off as deductible expenses though we did make accrual before releasing such on-hold levy to workers 6 mths later? The impact was rather big as the full yr levy/worker is RM 1200, with abt 850 workers at that time, such expense off is abt RM 900K. It worries me whether LHDN would accept such an one time write-off few mths after this levy implementation.....

Thanks in advance if anyone can advise or shall I need to refer to LHDN before they come to query on this?
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I don't think LHDN will allow you to offset the prepayment as expenses.
You still need to register the loss through write-off, but the loss is not tax deductible.

Above just my opinion.

In this kind of special circumstance, it is always advisable to get answer directly from IRB.


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