Tax planning for business assets

This is the last instalment of the 3-part series by the ACCA on tax filing for sole proprietorship

SOLE proprietors can optimise their taxes by taking capital allowances on business assets into account.

Fixed assets: Fixed assets acquired for use in the business are eligible for tax relief in the form of capital allowance. Capital allowances are deducted from the adjusted income of a business to arrive at statutory income. Depreciation on fixed assets is not tax deductible.

Newly acquired assets will be given an initial allowance of 20% and annual allowance of 10%, 14%, 20% or 40%, depending on the asset category.

The capital allowance amount is computed on a straight-line basis by reference to the cost. Full capital allowance is given even though it is acquired and in use for less than a year (see table 1).

The cost of the asset includes alteration costs and incidental costs for the installation of fixed assets.

For example, Clear Vision operates an eye treatment clinic in a shopping mall. It acquired a central air-conditioning plant on Jan 1, 2008 for RM32,000 and an additional RM8,000 was incurred for altering the existing building to install the air-conditioner.

The capital allowance computation for different years of assessment (YA) is shown in table 2.

Small-Value Assets: With effect from YA 2006, where the sole proprietor acquires fixed assets (small- value assets) which are not valued at more than RM1,000 for each asset, the full cost of the asset enjoys capital allowance in a year (100% cost = capital allowance).

The maximum capital allowance allowed for small-value assets in a year is restricted to RM10,000.

To optimise tax planning, the acquisition of fixed assets like printers, telephone systems, fans, calculators and kettles should be staggered to reduce taxable income.

Capital allowance is given on a year’s basis even if it is acquired and in use for less than a year. Sole proprietor may consider accelerating the acquisition of small-value assets in November/December 2008 instead of January 2009 as capital allowance is available in YA 2008 to reduce taxable income.

For example, Hun & Co is an auditing firm in Kuala Lumpur. During the year ended Dec 31, 2008, it acquired two printers for its staff at RM900 each and two electric kettles at RM150 each.

The company is entitled to an accelerated capital allowance of 100% on small-value assets of RM2,100.

Motor vehicles: Motor vehicles used in business are entitled to capital allowances.

The qualifying cost eligible for capital allowance is restricted to RM100,000 provided:

·it is a newly acquired car; and

·the cost does not exceed RM150,000.

Other motor vehicles which do not satisfy the above two conditions will be given qualifying cost of RM50,000 even if the actual cost may have exceeded RM50,000.

For example, Loong acquired a second-hand BMW under hire-purchase on Oct 1, 2008 (see table 3).

The amount of capital allowance for YA 2008 will be as in table 4 and 5.

Since the BMW is second-hand, it is only entitled to a qualifying cost of RM50,000. For hire-purchase, the new instalment is given initial allowance; accumulated cost is given annual allowance. The hire-purchase interest of RM540 per month is tax deductible.

Capital allowance can be claimed on the full cost of commercial vehicles, which are motor vehicles used directly to transport trading stock, such as lorries and vans.

Other motor vehicles used in the business are known as passenger vehicles, which are restricted to a maximum cost of RM100,000. These are used in business to meet customers, bankers or suppliers. To maximise claims on passenger vehicles up to RM100,000, the sole proprietor has to ensure the cost of the new motor vehicle does not exceed RM150,000.

Personal fixed assets: Sole proprietors may transfer personal assets for use in their business. Once such assets are used in the business, capital allowance is then available.

The sole proprietor has to first establish the market value of the assets at the time they were brought into use in the business. The assets will then be recorded in the balance sheet of the business.

Annual allowance is given on the market value of these assets, but no initial allowance is allowed.

For example, Seng decides to trade in second-hand books in the flea market at the Curve, PJ. He uses his mobile phone, personal laptop, and table and chairs in the initial set-up of the business on Sept 1, 2008. The market value of those assets at Sept 1, 2008 is as in table 6.

In the event that the sole proprietor continues using the assets for personal use, the portion of such personal usage must be excluded and no capital allowance is available on that portion.

For example, Seng has identified 40% as his private usage. The capital allowance available for business deduction on his personal assets used in business is therefore:

60% x RM2,668 = RM1,601

http://biz.thestar.com.my/news/story.asp?f...14&sec=business

Investment income – is it taxable?

IT IS the time of the year when some of us may feel uneasy as the deadline for filing our personal income tax return gets nearer. You may drag your feet when having to complete the return form (Form B or Form BE as the case may be) and procrastinate till the last minute as obviously paying taxes is not as exciting as receiving money from your investments.

After having received money from your investments in say, shares and property, have you considered whether the receipts are taxable?

Dividend income

In general, people are under the impression that dividend income is not required to be reported in the tax return. This is only true provided the dividend income is tax exempt as in the case where the dividend that is received is either a single tier dividend or is paid out of the exempt profits of the dividend-paying company. In the case where you received dividends where income tax has been deducted at source, such dividend income is taxable and consequently has to be declared in your income tax return.

Depending on your level of taxable income, you may actually obtain a tax refund from the Inland Revenue Board (IRB) if your tax bracket is at 24% or below.

Generally, the tax deducted by the company on the taxable dividend is at the rate of 25%. On the other hand, if your tax bracket is at 27%, then you are required to pay the 2% differential to the IRB.

In order to determine whether your dividend income is taxable or otherwise, you can look at the dividend vouchers. However, one common mistake in the reporting of taxable dividend income is where the actual amount received is declared as opposed to the gross dividend income, as stated in the dividend voucher.

Rental income

The other common investment income is rental income. Reporting of rental income would be simple if only the gross rental received without claiming deduction for expenses incurred in deriving the rental income was reported. As a smart investor with diversified investments, every penny saved or earned would be additional funding for your next investment.

Therefore, you should claim all the permissible expenses against the gross rental income. The permissible expenses would include assessment, quit rent, service charges, sinking fund contributions, fire insurance and property loan interest. In the case of a bank loan taken to finance a property which generated rental income, one has to remember that it is only the loan interest that is deductible and not the entire loan repayment amount.

Other rental-related expenses such as property agent’s commission and repairs may be deductible against the rental income. However, you would need to scrutinise such expenses in detail to establish if they are indeed deductible.

In the case of the property agent’s commission, where the property owned is being rented out for the first time, the commission paid for securing the first tenant would not qualify for a tax deduction. Subsequent commission paid to the property agent for securing tenants for the same property (after the first tenancy) would be deductible. Likewise, not all repair expenses incurred on the property could be deducted against the rental income.

If you were to repair a leaking roof and install a canopy at the verandah of the house at the request of the tenant, the expense incurred on the canopy would not be deductible as it would not be regarded as repairs and maintenance expense although the repair of the roof should qualify for a deduction.

Some points to take note of

Bearing in mind the penalty that can be imposed by the IRB in the event of an understatement of income in the tax return, you would have to be careful when determining the types of expenses to claim against your investment income. It is important that you do not make a claim for otherwise eligible expenses if you do not have the supporting documents to justify your claims.

If you have a property jointly owned with your spouse, the rental income will be taxed based on your share in the property. Correspondingly, your spouse would have to report the rental income based on his or her share in the property.

Where you and your spouse have investment income, you may be thinking of whether you should be filing for separate assessments or opting for a combined assessment. For most couples, a combined assessment is not beneficial as the combined income would push the tax rate to a higher bracket.

Further, a separate assessment would allow each person to claim the personal relief of RM8,000 whereas a combined assessment would only allow the person to claim either a wife or husband relief of RM3,000 in addition to the personal relief of RM8,000.

This would mean a loss of relief of RM5,000.

http://biz.thestar.com.my/news/story.asp?f...73&sec=business

This post has been edited by lowyat888: Mar 25 2010, 11:59 AM

does the income tax dept open on weekends?

what time open and till what time on weekdays & weekends?

This post has been edited by lowyat888: Apr 18 2010, 02:16 PM