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 Income Tax Issues v2

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cute_boboi
post Mar 23 2012, 05:39 PM

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QUOTE(DM3 @ Mar 23 2012, 05:06 PM)
thanks Cut boboi.

besides that i realize that for cukai seksyen 110 is for interest etc from amanah etc, is valid  for all amanah also?
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From LHDN: Compute the tax deducted under section 110 by using Working Sheet HK-6 in respect of other income such as interest, royalties, section 4A income and income from trust bodies. Please submit Working Sheet HK-6 if you are entitled to a tax refund. Amount from item B Woring Sheet HK-6.

Only submit if you can get tax refund from the extra tax deducted (if any) from the amanah.

e.g. using Section 51 (HK-3) for stock market share dividends. Previously it was deducted at maximum 25%, if you tax rate is lower, let's say 12%, you can use the extra tax paid in dividend as rebate.
Nowadays, it is single-tier and taxed already at company before declaring dividend, hence no need to fill up HK-3 already.

cute_boboi
post Mar 23 2012, 05:56 PM

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QUOTE(xtjs @ Mar 23 2012, 05:49 PM)
just wondering, if the person is not working, say the wife. husband can claim under option 4 in which pasangan tiada pendapatan and get extra rm3K of rebate

if the wife has say ASM shares, is it considered as no income too?
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Even working also, can claim as joint-assessment.

I will assume in your case, the ASM shares and dividends are not a lot (sorry, not meant to say you are not rich, unless you tell me the ASM shares are like tens/hundreds of million with yearly dividend at 5-6 digits drool.gif ).
Therefore, it is better to do joint-assessment to get the extra rm3k deduction (not rebate)
Remember, if need to, to declare your wife's ASM in your joint-assessment also.

cute_boboi
post Mar 23 2012, 06:30 PM

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QUOTE(xtjs @ Mar 23 2012, 05:59 PM)
but asm has stated no need to declare the dividents received?
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QUOTE
Remember, if need to, to declare your wife's ASM in your joint-assessment also.

If don't need to declare, then don't declare the ASM div.

cute_boboi
post Mar 28 2012, 03:50 PM

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QUOTE(kclim888 @ Mar 27 2012, 09:46 PM)
Just wondering: Can in-line skates be considered sports equipment?
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in-line skates is unclear. Ice-skating can.
Bear in mind, not all items under the category are allowed. e.g. Sport Shoes are not allowed. But in-line/ice-skating shoes are very obvious for sports here. You can't use it to walk around shopping mall or go wet-market.

It is better to email LHDN for confirmation.

QUOTE
Sports Development Act 1976
First Schedule, Section Two

The following activities are regarded as sports for the purposes of this Act:
» Click to show Spoiler - click again to hide... «


This post has been edited by cute_boboi: Mar 28 2012, 03:50 PM
cute_boboi
post Mar 30 2012, 12:32 PM

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QUOTE(ysseow @ Mar 28 2012, 09:22 PM)
Hi all, i received my refund today but it was RM500 lesser than what i am suppose to get. Do you think i should contact the collection department? will they audit all my previous tax submission as i have lost some of my receipts ?
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You have your rights to question LHDN on the -RM500

LHDN also have their rights to audit your past 7-years tax related

If you have prepared everything in order and valid, there is nothing to be afraid of the audit.

cute_boboi
post Mar 30 2012, 02:51 PM

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QUOTE(MGM @ Mar 30 2012, 01:09 PM)
So does the IRB accept streamyx as broadband?
Just check LHDN websites, as long as speed above 256Kb considered broadband.

They request that I send in the original for audit but advise me to keep hardcopy/scanned copies. Didn't ask them whether can send them electronic copies instead. Anyone did that?
*
Scan and post the letter here (black-off the P&C) if you want to share.
Otherwise have to read the exact words if "original document" or anything mention there.
Previously all must submit/send original, and you keep photocopy.
But with latest advancement, not sure on the ruling.

I suggest you hand-submit over the counter yourself (yes, drive all the way) and ask them chop-sign all your photocopies. There are cases where it is lost in mail, and LHDN still require to see the photocopies, and I'm not sure they'll accept it or not.

cute_boboi
post Apr 30 2012, 01:53 PM

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QUOTE(s.n.a.g @ Apr 29 2012, 11:48 PM)
who are mr taxman's usual suspects?
fellas earning 10K and above? anyone earning below 10K who got invited for cuppa coffee?
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It can be anyone, it's a random audit.

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
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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.

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?
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Instead of BE, use B-Form, under Business Income.

cute_boboi
post May 16 2012, 08:42 PM

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QUOTE(mobio.dev @ May 13 2012, 10:17 AM)
for b-form submission, what are the things we can claim, travel expenses(toll, petrol,parking), can mobile/phone bill claimable,
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All are claimable at certain %, you have to calculate and proof it out.
e.g. Travel expense to client from Setapak -> Klang -> Setapak = 60km (example lah)
* rm1.90
= xx?
And toll receipts. If use touch and go, have to apportion also.
Car service, maintenance, based on % also.

Phone calls, high-light / itemized. Cannot be h/p 100% business, unless you got >2 lines.

Streamyx/unifi/broadband also can claim.
Home rental also can, based on per sqft of the space allocated for own business.
Also electricity, water, etc. can apportion also.

Yes, it is very tedious to do own calculation. Cannot simply taruh 100% everything.

Some people put 50-80% range, but when LHDN audit, it goes down to 20-40%.
Some get warning, some get fined/penalty.

cute_boboi
post May 24 2012, 03:16 PM

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QUOTE(rickyfan8888 @ May 24 2012, 09:56 AM)
icic..thanks alot for the answer..just another question, I thought the refund amount is based on the amount that stated on the CUKAI TERLEBIH BAYAR(Tax Paid in Excess)? As that section mentioned that I have RM 177.36, so I thought they will refund me that amount. Anyway, will give them a call. When I call them, what should I tell them ar? Just ask them to check my income tax acc?
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Normally is due to you wrongly declare or put higher than max amount allowed on certain parts.

My advise is always:
(1) Are you very clean and always declare ? Be prepared they pick you up and ask you bring all receipts, etc. for audit. If clear and nothing to hide, no problem. Else kantoi.

(2) It is your right to know, and they must be able to show you their calculation on the new amount. Just call up or email, set an appointment, location and go bang table with them. But ... be prepared for #1 above.

(3) Otherwise, for that RM100+, my normal advise is, just move on with your life. Otherwise, get audit, waste time, money, petrol, parking, summon for park at roadside, etc. At the end, may get fine/penalty cause they found out more irregularities or non-declare or under-declare from other years ... kantoi.

cute_boboi
post Jun 5 2012, 05:24 PM

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QUOTE(SImPle PLan @ Jun 2 2012, 12:42 AM)
Sorry noob here.
I miss out of submitting the income tax return, though I have done filled up all the forms in ehasil. However, I am not being taxed after deducting all my expenses from my gross income.

The question here is I submit now which is considered late, would I be penalised?

Thanks for any advice. I am being nervous now.
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Filling up the e-Hasil online does not mean submission, until you click the submit button.
Few years down the road, LHDN can still random pick and audit you, to find out non-declaration of income, i.e. you will get fine/penalty.

For BE-Form, it is consider late, and subject to fine. My friend submitted once in August same year and fined RM50 for late submission.

For B-Form, you got till end of June to submit.

My advise is, if BE-Form, just go ahead to submit (late) and pay the RM50, rather than have 7 years worries, sleepless nights, etc.
i.e. move on with your life after the penalty.

cute_boboi
post Jul 6 2012, 03:24 PM

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QUOTE(DM3 @ Jul 3 2012, 05:19 PM)
yea if no receipt for some items, any penalty?
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They can penalty + fine you for wrong/false declaration.
No receipt = cannot put it as deduction.

Otherwise, I also claim relief I have 8 children. Ohh... tapi tak ada surat beranak. Mana ? Ohh... kasi nenek bela dekat China/India/Indonesia/Lain-lain (potong mana yang tidak berkenaan). doh.gif

cute_boboi
post Jul 9 2012, 04:09 PM

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QUOTE(Icehart @ Jul 6 2012, 06:53 PM)
I filed for pin application for e-filing since June 20+.
Until now not yet receive.
I understand the deadline is 15th July (incentive for e-filing).
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Please take initiative to email/call LHDN and ask.

QUOTE(instantgeneve @ Jul 7 2012, 02:06 PM)
What are the consequences for business owners to not declare their tax.. Tax is around 11% ryte, with the 11% I can buy many things. How much is the fine and jail sentence? Please enlighten, thanks forumers..
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This is not my site. Just grab from google search since LHDN/Hasil website seems like down.

Be prepared for long coffee session if get audited whistling.gif

QUOTE(ZiTay @ Jul 9 2012, 03:26 AM)
Guys, for sole prop is it extended till 15 July 2012 for E-Filing?
*
Dig some old news.

cute_boboi
post Sep 25 2012, 05:38 PM

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QUOTE(advocado @ Sep 24 2012, 04:35 PM)
Just wondering is there any way to request a new cheque from tax department regarding return of extra tax paid if the previous cheque issued has expired (3 months)?
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Write official letter/email to LHDN and ask them investigate (that the cheque is not cleared) and tell the long story why.
Then ask for replacement cheque.


Added on September 25, 2012, 5:40 pm
QUOTE(Nanotaco @ Sep 19 2012, 01:49 PM)
thanks mate! will do so asap!


Added on September 24, 2012, 8:59 amhi all need help here!

recently got a letter from lhdn asking me to pay as part of "cukai tambahan dikenakan". i wanna pay online but looking at the lhdn e-bayaran site, im confused

» Click to show Spoiler - click again to hide... «


which option for me to choose? if i wanna pay one off payment?

is it

bayaran ansuran cukai pendapatan (tidak termasuk skim ansuran)
or
bayaran penyelesaian cukai
or

something else above?
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Sorry, don't know either. I think best is to email LHDN and ask them. Keep the email as black and white.

Otherwise, go over and pay at counter.


This post has been edited by cute_boboi: Sep 25 2012, 05:40 PM
cute_boboi
post Oct 12 2012, 02:54 PM

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QUOTE(BlackPen @ Oct 3 2012, 10:16 PM)
Hi, want to ask. My current basic salary 2300(haven't deduct epf and socso) and allowance is 600..income tax calculate basic or basic+allowance or gross income?
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Depends on what is stated in your EA Form.

The allowance is stated in monthly salary slip or not ? If yes, then must add-in. Cannot run away.

QUOTE(zenix @ Oct 4 2012, 01:41 AM)
if no pcb deducted then no need think of income tax.
you can talk to your hr about it if you want more P&C info regarding ur salary.
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I would like to correct the mentality. As long as there is income, must think about declaring the income.

After declaration (submission), if no need to pay tax, then keep and file it properly for future reference.

cute_boboi
post Oct 17 2012, 04:31 PM

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QUOTE(zenix @ Oct 17 2012, 04:24 PM)
u r right just trying to simplify things for newbies  nod.gif
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No worries smile.gif Whenever possible, we try to guide newbies in understanding taxation on the proper path.

cute_boboi
post Oct 18 2012, 03:22 PM

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QUOTE(MSS @ Oct 17 2012, 09:42 PM)
Hi sifu.
If we doing the sub job and get money but no have any transaction in epf/socso.
When I apply loan @ bank, they ask me the income tax, I don;t have it.
SO, I need to declare to Income tax?.
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All income must be declared, even if you receive RM1 per year.

Whether you get tax or not, that is after you fill up the form and you will know.

cute_boboi
post Oct 29 2012, 05:11 PM

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QUOTE(winkiestars @ Oct 29 2012, 11:49 AM)
Hi all,

I'm newbie here. My salary is less than RM 2.5k and I had plan to buy a car.. do i need to register as new income tax? or do I need to pay income tax when I purchase the new car?

Thanks
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It's two separate things, which I would say non-related. For your income, a lot (if not all) of your friends, colleagues, family will tell you under 2.5k, no need income tax lah, etc.

Yes, it is MAYBE true that 2.5k/mth income does not need to pay tax.
But it is the responsibility of citizen to DECLARE your income. Declaring income does not mean you are taxable (pay tax).

My advise is, just proceed to open a new LHDN file if you have not done so. Next year in Feb-Apr, submit your income declaration. Once you fill up the e-Filing, you will know the auto calculation there, which is non-taxable.

Once done that, you are safe.

On buying car, it is not related. You can buy, get loan, etc. No problem. Unlikely LHDN will come to random audit you.
BUT, if you were that bad luck and get audited, nothing too big to worry also. Most likely you will get fined due to non-declaration of income only. Just RM50 or few hundred max, provided you do not have any side/illegal income, etc.

cute_boboi
post Nov 14 2012, 04:34 PM

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QUOTE(kuntakinte @ Nov 13 2012, 09:45 AM)
Hi guys

Need some advice.

Just got a letter from IRB to provide proof of documents for certain items like parents medical, sports, magazine subscription, dividend vouchers etc for last year's income declaration.

My question is,

1- I have overstated some deductions, ie cannot be substantiated by receipt, I know I will attract a recalculation and possibly a penalty. How much is the penalty?

2- they have asked for documents for 2011 only. Will my providing or meeting up with them will attract them to audit into previous years as well?

3- fearing for scenario 2 above, should I just ignore the notice, let them do their automatic recalculation ie voiding my declared deductions and possibly add on a penalty, if no response within 21 days as was stated in their letter. I then pay whatever is the recalculated assessment? This tactic avoids meeting the tax officer which may attract further scrutiny.  What do you guys think?

Thanks
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1. Penalty is depends, check LHDN website or there is some info here.

2. Yes, possibility of them audit previous years also. If you don't bring, they MAY ask you to come again another day. Cause since kantoi for YA2011, LHDN assumption is that sure got problem on previous years also.

3. "Two things you can't escape in life: (1) Death , (2) Tax" icon_rolleyes.gif

QUOTE(MNet @ Nov 13 2012, 11:41 AM)
https://spsd.hasil.gov.my/PKI/e/ReqPinNo.html

How to get the "Tax Reference No"?
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Your individual tax file number. Something like your unique number like IC no., EPF no., etc.

QUOTE
If you have not registered as a tax payer, please proceed to the nearest LHDNM branch. Please bring along a copy of your identification document as well as your latest salary slip or business registration document.

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