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 Income Tax Issues v2

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112006
post May 7 2012, 02:15 PM

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Hi guys,

Need some advise.

"Apa itu Skop Pengenaan Cukai

Pembayar cukai yang bermastautin di Malaysia dikenakan cukai atas semua pendapatan yang diperoleh di Malaysia dan pendapatan yang diterima dari luar Malaysia. Skop penggenaan cukai seseorang individu adalah bergantung kepada taraf permastautinannya.

Mulai tahun taksiran 2004, pendapatan yang diterima di Malaysia dari luar Malaysia adalah dikecualikan daripada cukai. Dengan itu, pembayar cukai sama ada yang bermastautin atau yang tidak bermastautin di Malaysia dikenakan cukai atas pendapatan yang diperoleh dari Malaysia sahaja. "

According the the above statement.
If I am working for oversea company and doesn't have local company. Paid to oversea and to be remittance back to Malaysia.
My question,
Am I supposed to be taxed by hasil?

Thanks.
andyfriends
post May 7 2012, 03:41 PM

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hi,

1. I understand that parents dental fees such as extraction and scaling are okay for relief for max RM5k. May I know where the source is? Just wanna be sure.
2. is our own dental fees for extraction and scaling okay for relief for max RM500 ?May I know where the source is? Just wanna be sure

thanks

This post has been edited by andyfriends: May 7 2012, 03:56 PM
CKJMark
post May 7 2012, 04:52 PM

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QUOTE(loanneeded @ May 3 2012, 12:52 PM)
hi guys, i'm not sure whether this is the right place to ask. but i think it's about income tax too.

basically, i'm going to be sent to work in china by my current company. So, i want to ask how and where should i declare my income TAX? i'm wondering should i ask my company to pay me in RMB or RM. whichever that can enable me to pay less tax sad.gif

i heard that if i'm going to work oversea, i would consider expat and need to pay 26% flat rate! sad.gif is that true?

it's welcome too if anyone can advise me about China income tax rate. i've searched google and come back with many different result.
*
If you are still employed by your Malaysia company (sent to China for business assignment) then you are taxed in Malaysia based on your EA Form. The tax rate that is applicable depends on your residence status:-

1) If you are in Malaysia for 183 days or more in a year, you are a resident
2) If you don't meet the 183 day rule, then you MIGHT not be a resident (tax at 26%). There are other ways to qualify but you need to check in more detail.

By going to China, you must also check to see if you have to pay China income tax. This is because you are working in China. Different company have different rules and there is a possibility that your salary can be taxed in both Malaysia AND China depending on their rules. So do check this information out before you go.

China tax is very complicated. You have more than one level of tax in China depending on the city, region, district, blablabla. You will need to get specific information on where you are going, what you are going to do there, and how long you are going to be there before the China ppl can advise you on the tax there.


Added on May 7, 2012, 4:57 pm
QUOTE(112006 @ May 7 2012, 02:15 PM)
Hi guys,

Need some advise.

"Apa itu Skop Pengenaan Cukai

Pembayar cukai yang bermastautin di Malaysia dikenakan cukai atas semua pendapatan yang diperoleh di Malaysia dan pendapatan yang diterima dari luar Malaysia. Skop penggenaan cukai seseorang individu adalah bergantung kepada taraf permastautinannya.

Mulai tahun taksiran 2004, pendapatan yang diterima di Malaysia dari luar Malaysia adalah dikecualikan daripada cukai. Dengan itu, pembayar cukai sama ada yang bermastautin atau yang tidak bermastautin di Malaysia dikenakan cukai atas pendapatan yang diperoleh dari Malaysia sahaja. "

According the the above statement.
If I am working for oversea company and doesn't have local company. Paid to oversea and to be remittance back to Malaysia.
My question,
Am I supposed to be taxed by hasil?

Thanks.
*
Malaysian tax is territorial scope. The fact your company is not in Malaysia and doesn't have a branch in Malaysia is one factor. You need to consider the following:-

- When you are employed, are you working in Malaysia (i.e. representative of your company in Malaysia)

If your answer is "yes" then your income is taxable in Malaysia notwithstanding your income was not paid by a Malaysian company (this is because you have exercised employment in Malaysia).


- How long were you in this employ?

There are specific rules that grant tax exemptions depending on how long you were in their employ. (if more than 182 days, forget about this point).


- What country is your company based in?

This can also lead to tax exemptions depending on the country (if more than 182 days employment, forget about this point).


Added on May 7, 2012, 5:01 pm
QUOTE(andyfriends @ May 7 2012, 03:41 PM)
hi,

1.  I understand that parents dental fees such as extraction and scaling are okay for relief for max RM5k.  May I know where the source is?  Just wanna be sure.
2.  is our own dental fees for extraction and scaling okay for relief for max RM500 ?May I know where the source is?  Just wanna be sure

thanks
*
1) The relief you are talking about is "Medical expenses for parents". I am not sure if dental fees for extraction and scaling qualify though.

2) I am not aware of any relief for dental for individuals. Not heard of such a relief.


Added on May 7, 2012, 5:03 pm
QUOTE(foofoosasa @ May 7 2012, 01:12 PM)
Hi, I just want to do you have to declare your income sources from insurance product related such as Investment link? TQ
*
Depends on the type of income they distribute to you. Some distributions are tax exempt (no need declare). Some may be taxable. The statement from the insurance co should state whether it's taxable or tax exempt distribution.

This post has been edited by CKJMark: May 7 2012, 05:03 PM
112006
post May 8 2012, 11:59 AM

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QUOTE(CKJMark @ May 7 2012, 04:52 PM)

Malaysian tax is territorial scope.  The fact your company is not in Malaysia and doesn't have a branch in Malaysia is one factor.  You need to consider the following:-

- 1)When you are employed, are you working in Malaysia (i.e. representative of your company in Malaysia)

If your answer is "yes" then your income is taxable in Malaysia notwithstanding your income was not paid by a Malaysian company (this is because you have exercised employment in Malaysia).
- How long were you in this employ?

There are specific rules that grant tax exemptions depending on how long you were in their employ.  (if more than 182 days, forget about this point).
- What country is your company based in?

This can also lead to tax exemptions depending on the country  (if more than 182 days employment, forget about this point).

1) Yes, I m supposed to represent them in malaysia projects.More than 182 days. sweat.gif so much headache this income tax. No admin/finance to assist me. All by myself rclxub.gif shakehead.gif


fuihoong
post May 9 2012, 09:38 PM

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anyone got the income tax refund already?
SUSDavid83
post May 9 2012, 09:44 PM

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QUOTE(fuihoong @ May 9 2012, 09:38 PM)
anyone got the income tax refund already?
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Got it for more than 2 weeks ago!
ronnie
post May 9 2012, 10:27 PM

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QUOTE(fuihoong @ May 9 2012, 09:38 PM)
anyone got the income tax refund already?
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When did you submit your E-Filling ?
romariotan82
post May 10 2012, 06:46 PM

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Dear all Sifus,

Would like to enquiry regarding the Housing Loan Interest Relief ( Max 10 K per year)

My brother and i bought a property on Year 2010. ( S& P signed on 2010 )
Can i claim 70 % of the Interest ?
Currently , my brother did not report tax ( as his income not need to pay tax )
Any issue if i want to claim the 70 % of the interest ?
Will LHDN come and ask us to proof on the interest portion ( i.e 50 vs 50 , or 70 vs 30 )

Would appreciate your help /advise
Human Nature
post May 10 2012, 07:44 PM

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Hmm, did mine on 15 April but no refund yet. My dad submitted after me and already got his last week.
CKJMark
post May 11 2012, 10:41 AM

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QUOTE(romariotan82 @ May 10 2012, 06:46 PM)
Dear all Sifus,

Would like to enquiry regarding the Housing Loan Interest Relief ( Max 10 K per year)

My brother and i bought a property on Year 2010. ( S& P signed on 2010 )
Can i claim 70 % of the Interest ?
Currently , my brother did not report  tax ( as his income not need to pay tax )
Any issue if i want to  claim the 70 % of the interest ?
Will LHDN come and ask us to proof on the interest portion ( i.e 50 vs 50 , or 70 vs 30 )

Would appreciate your help /advise
*
The proportion of the interest you share depends on your proportion of contribution of the repayment. If you pay 50-50, then you claim 50-50.

Unless you can prove 70-30, you technically shouldn't. That being said, the tax authorities will only find out if you get audited. So....are you feeling lucky? hahahaha
cute_boboi
post May 11 2012, 11:46 AM

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QUOTE(romariotan82 @ May 10 2012, 06:46 PM)
Dear all Sifus,

Would like to enquiry regarding the Housing Loan Interest Relief ( Max 10 K per year)

My brother and i bought a property on Year 2010. ( S& P signed on 2010 )
Can i claim 70 % of the Interest ?
Currently , my brother did not report  tax ( as his income not need to pay tax )
Any issue if i want to  claim the 70 % of the interest ?
Will LHDN come and ask us to proof on the interest portion ( i.e 50 vs 50 , or 70 vs 30 )

Would appreciate your help /advise
*
It does not matter you pay installment 70% or 100% or 0%.
Unless the S&P or legally stated the ownership %, the default is to take 50-50 for 2 people.
If 3 people, is 33.33%.
4 = 25%
All must split evenly.

LHDN come (audit), if you do not put 50-50, confirm kantoi.
Fine & penalty under wrong declaration.

king_eric
post May 11 2012, 12:50 PM

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hi guys, noob question.
i have stopped working as an employee for a company and now running my dad's business (which my name is under directorship since the company was formed). my current business are being given to other ppl as a sub-contract, so basically nothing much to be done( as in no employees in my business) . assume that i take about 5k from the business monthly, how is the declaration done on my 5k? can a director's fee be used as a category for that 5K?
cute_boboi
post May 11 2012, 02:55 PM

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QUOTE(king_eric @ May 11 2012, 12:50 PM)
hi guys, noob question.
i have stopped working as an employee for a company and now running my dad's business (which my name is under directorship since the company was formed). my current business are being given to other ppl as a sub-contract, so basically nothing much to be done( as in no employees in my business) . assume that i take about 5k from the business monthly, how is the declaration done on my 5k? can a director's fee be used as a category for that 5K?
*
Instead of BE, use B-Form, under Business Income.

CKJMark
post May 11 2012, 04:15 PM

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QUOTE(cute_boboi @ May 11 2012, 02:55 PM)
Instead of BE, use B-Form, under Business Income.
*
Director =/= business income.

He did say it was a company and he was a director. I assume the company is a Sdn Bhd / Bhd and the company will have a "C" file.

If that is the case, even as a director he is an employee, he should file a Form BE (director fee/allowance/salary). For tax purposes, a company is a seperate taxable entity from the director/shareholder. Even shareholders don't file Form B for companies they own.

However, if the business was a sole proprietor (not a Sdn Bhd / Bhd) then a Form B would be appropriate as business income.
king_eric
post May 11 2012, 08:41 PM

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Thank you guys smile.gif
Wuahaha
post May 12 2012, 07:10 PM

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Hi guys, just received my tax return cheque, but the value is lesser than what I had filed on e-filing. I should be getting around RM890, instead they mail me a cheque of RM635. sad.gif
Just wondering anyone experience this before, how do I "complain" or check with them about it? Thanks. icon_question.gif

This post has been edited by Wuahaha: May 12 2012, 07:10 PM
ronnie
post May 13 2012, 12:33 AM

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QUOTE(Wuahaha @ May 12 2012, 07:10 PM)
Hi guys, just received my tax return cheque, but the value is lesser than what I had filed on e-filing. I should be getting around RM890, instead they mail me a cheque of RM635. sad.gif
Just wondering anyone experience this before, how do I "complain" or check with them about it? Thanks. icon_question.gif
*
Check your e-Lejar to get the reason ... maybe there's some unpaid taxes ?
SUSDavid83
post May 13 2012, 12:43 AM

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QUOTE(ronnie @ May 13 2012, 12:33 AM)
Check your e-Lejar to get the reason ... maybe there's some unpaid taxes ?
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eLejar is not updated to its latest 2012.
Wuahaha
post May 13 2012, 09:56 AM

哇哈哈 :D
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QUOTE(ronnie @ May 13 2012, 12:33 AM)
Check your e-Lejar to get the reason ... maybe there's some unpaid taxes ?
*
Wat do I check ? sweat.gif



This post has been edited by Wuahaha: May 13 2012, 09:59 AM
mobio.dev
post May 13 2012, 10:17 AM

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for b-form submission, what are the things we can claim, travel expenses(toll, petrol,parking), can mobile/phone bill claimable,

QUOTE(cute_boboi @ May 11 2012, 02:55 PM)
Instead of BE, use B-Form, under Business Income.
*

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