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 Income Tax Issues

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nemo2
post Mar 4 2011, 11:23 PM

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QUOTE(arsenal @ Mar 4 2011, 06:59 PM)
yes 500 bucks rebate!
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It's not a rebate, merely a claim for relief... If it is rebate, it would be a deduction of RM500 in full (which is not in this case)...

Pls refer Post #1644 for the diff of relief and rebate...


Added on March 4, 2011, 11:33 pm
QUOTE(TaxNewb @ Mar 2 2011, 01:44 AM)
Hi,

Referring to public ruling 1/2006 2nd Addendum,

ii. Travelling allowance, petrol allowance or toll rate received by an
employee for travelling in exercising an employment is exempted
up to an amount of RM6,000 per year.


My doubts are:

1) Is it applicable for the year 2010?
2) Do I need receipts to substantiate below RM 6k fixed travelling allowances?
Add Info

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

Extracted from theStar article "Tips for filling your income tax returns", written by Prof Choong Kwai Fatt
Tips for Filing your Income Tax Returns

Thanks for the help extended!
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Yes, it is applicable to year 2010. No need receipts to substantiate, but you need to hv your EA form (issued by your employer) stated the amounts in a separate line - Part G - "Jumlah elaun/perkuisit/pemberian/manfaat yang dikecualikan cukai".

This post has been edited by nemo2: Mar 5 2011, 12:34 AM
nemo2
post Mar 5 2011, 12:20 AM

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QUOTE(Elm1984 @ Feb 27 2011, 10:51 AM)
Hi all,

Wish to ask for Anuiti Tertunda (Deferred Annuity) in EA Form..

Let say if  EPF deduction in 2010 is RM5000
and I just bought a new GE insurance in 2010 is RM1800

How should i claim it?

like this?
EPF + insurance = RM 6000
Deferred Annuity= RM 800
*
Nope... max is RM6,000


Added on March 5, 2011, 12:32 am
QUOTE(ronnie @ Mar 2 2011, 12:10 AM)
I'm doing joint-assessment with my wife.
Can I add her medical insurance premium (receipt under wife name) to the Tax Relief under my name ?
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In combined assessment, if your medical insurance premium still not exceed RM3,000, then you could still include the premium of your wife, so that so the combined amount is RM3,000. If your medical insurance premium already exceed RM3,000, then no point to include your wife premium because the total limit remained at RM3,000 in combined assessment.

This post has been edited by nemo2: Mar 5 2011, 12:32 AM
nemo2
post Mar 6 2011, 07:09 PM

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QUOTE(ronnie @ Mar 6 2011, 05:01 PM)
That's right based on the PUBLIC RULING NO. 2/2005 (DATE OF ISSUE: 6 JUNE 2005)... so I can claim the medical portion for wife (joint-assessment) if the total (wife+mine) doesn't exceed RM3,000
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rclxms.gif rclxms.gif rclxms.gif

nemo2
post Mar 7 2011, 11:13 AM

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QUOTE(Nepo @ Mar 7 2011, 09:22 AM)
For personal tax, it is considered as capital gain. So it is not taxable.
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Agree but have to bear in mind that IRB can actually tax you on the basis that it is not capital when the investment becomes a trading in nature...
nemo2
post Mar 7 2011, 11:34 PM

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QUOTE(TaxNewb @ Mar 7 2011, 03:30 PM)
Thanks for the answer. In addition,

1) How do I declare income not disclosed last year(2009) due to technical error by employer? Do I declare as income in 2009 or 2010?

2) Are allowances such as hand phone allowances, vehicle maintenance, or parking and toll allowances tax exempted? Do I need receipts to substantiate them?

Thanks in advance for your reply!
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1) Input the requested info in one of the section inside the Form BE - "Income of Preceeding Years Not Declared". This income will not be included in 2010 computation. It will become your income in 2009, so you hv to recalculate your tax based on revised 2009 income and pay the additional tax if there is tax payable.

2) Yes, read details in Public Rulings No.1/2006 - Perquisites from Employment. Here is the link for Public Rulings No.1/2006


Added on March 7, 2011, 11:44 pm
QUOTE(Nepo @ Mar 7 2011, 04:13 PM)

Added on March 7, 2011, 4:14 pm

Yes, first of all u need to determine whether it is investment nature or trading nature(speculation)

If it is investment nature, i.e hold for investment (usually hold over one year),  then he don't have to pay tax or register for income tax. But he need to maintain the records for 7+ years in case IRB come for field audit.

But, if it is trading nature, ie. frequently buy and sell for speculation, then he has to pay for tax and register for income tax.

Thus, this poses to difficulty for individual who frequently buy and sell in shares to determine whether it is investment nature or trading nature. My advise is  if the amount is not big u can just simply ignore. RM24K IMHPO is considered as small amount provided it is not occurred every year.
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Just for discussion purpose, if the investment in market shares is of trading in nature, we would be liable to tax when there is income. What if for certain shares, we are in loss position. Do you think we can offset the loss with the gain?

This post has been edited by nemo2: Mar 7 2011, 11:44 PM
nemo2
post Mar 8 2011, 09:37 AM

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Nepo,

Thanks for the info.
nemo2
post Mar 9 2011, 05:55 PM

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This is for personal reliefs ... you may find useful information in the explanatory notes as well.


Attached File(s)
Attached File  B7__relief_.pdf ( 87.09k ) Number of downloads: 376
nemo2
post Mar 9 2011, 06:34 PM

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QUOTE(stupidbump @ Mar 9 2011, 06:21 PM)
May i ask what is Husband / Wife / Payment of alimony to former wife?
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If you are single, this is not applicable to you for sure. If you are not, definitely you don't want to hv this claim biggrin.gif

This post has been edited by nemo2: Mar 9 2011, 06:35 PM
nemo2
post Mar 9 2011, 06:54 PM

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If there is no source of income, the end result (your chargeable income) is still Nil, then no tax payable.

For example:
Source of income = RM Nil
Payment of alimony = RM1,000
Chargeable income = Nil - RM1,000 = Nil

If you're hoping that Nil - RM1,000 = (RM1,000) and IRB refund $ to you, sorry ler... biggrin.gif

This post has been edited by nemo2: Mar 9 2011, 06:55 PM
nemo2
post Mar 9 2011, 10:27 PM

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QUOTE(ronnie @ Mar 9 2011, 08:16 PM)
that's good... this year seem to be later than past years.
If I don't get it by 15 March, will get them to regenerate another copy.
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No online statement for Prudential? A bit risky if you wait until 15 March, considering time taken to deliver to your mailbox. What if... loss in transit tongue.gif
nemo2
post Mar 10 2011, 10:07 AM

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Actually don't hv to be qualified to get this resources, here is the link to download the Budget Commentary
nemo2
post Mar 10 2011, 02:31 PM

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Come on... your are an ACCA member and you are not sure where to deduct. People rely on you to give advice tongue.gif
nemo2
post Mar 10 2011, 06:56 PM

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Do you hv this annuity scheme in the 1st place? If you have, the premium that you paid towards this scheme will entitle you to claim additional relief of RM1,000. This is on top of the max limit of RM6,000 for EPF and life.
nemo2
post Mar 10 2011, 11:04 PM

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Yes, simply put forward your request to the branch handling your tax. But, you may need to check whether you still hv outstanding balances with them for the previous years or may be they did not received your tax submission.

For faster tax refund, pls consider to use e-filing. I got my tax refund 1 month after the submission.
nemo2
post Mar 11 2011, 12:07 AM

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QUOTE(fahrur_07 @ Mar 10 2011, 11:55 PM)
if i claim rm1500 for buying computer in this year,can i claim another rm1500 for next year?'
lhdn stated that we can claim up to rm3000 for 3 year
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LHDN says "relief of purchase of a computer of up to RM3,000 is given once in 3 years", so after you claim RM1,500 this year, you cant claim in the following year.

nemo2
post Mar 12 2011, 08:51 PM

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CalvinCLK,
Yes, total income would be the sum of 2 forms. Likewise for the relief on EPF and STD or PCB paid.

Molotov Cocktail
It does not affect your Year 2010 as it is computed separately, which is considered as income under Year 2009. Whether you are liable to tax in 2009, you can roughly compute that based on Year 2010 format, except that personal relief in 2009 is RM8,000 (not RM9,000).
nemo2
post Mar 12 2011, 09:05 PM

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Yes, rebate of RM400 will be given provided your chargeable income is not more than RM35,000.
nemo2
post Mar 18 2011, 12:12 AM

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QUOTE(yhtan @ Mar 17 2011, 11:45 PM)
that RM2400 petrol allowance should be non-tax deductible, it should show the bottom on your EA form
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Non-tax deductible is NOT CORRECT. I guess you are referring to income EXEMPTED FROM TAX.

Employee receiving petrol/travelling allowance (an income to the employee) is exempted from tax (means not subject to tax) for the following amounts:

(a) RM2,400 per year for travelling from home to place of work and from place of work to home; (this is ONLY for YA 2008 to YA 2010)

(b) RM6,000 per year for travelling in exercising an employment (means in connection with your work).

If says, salary for the year is RM50,000, travelling allowance is RM6,000 (appear in Part G of your EA form). You only put RM50,000 in your employment income in Form BE.

This post has been edited by nemo2: Mar 18 2011, 12:22 AM
nemo2
post Mar 18 2011, 12:38 AM

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QUOTE(carmentee @ Mar 18 2011, 12:29 AM)
THANKS

BUT refering to the EA, they put my petro allowance in tip kasar penerimaan sagu hati atau elaun elaun lain.

so issit can deduct?
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doh.gif Are you in good term with your HR/Payroll? Talk nicely and get them to re-issue by putting RM2,400 under Part G, no risk to them. Just remembered to date the EA form not later than Feb 28.

This post has been edited by nemo2: Mar 18 2011, 12:39 AM
nemo2
post Mar 18 2011, 12:53 AM

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QUOTE(carmentee @ Mar 18 2011, 12:48 AM)
don think can . thank you so much wink.gif
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Write to callcentre_be@hasil.gov.my and explain your situation to seek for their advice. Or call 03-4289 3600.

Maybe, the last resort --> If your employment letter state the petrol allowance is RM2,400 per year, you may just claim the RM2,400 as tax-exempted income. In the event income tax query you, just explain accordingly supported with your employment letter. I don't think the risk is there.

This post has been edited by nemo2: Mar 18 2011, 12:59 AM

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