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 Income Tax Issues v2

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cute_boboi
post Nov 16 2012, 03:58 PM

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QUOTE(cheerz~ @ Nov 15 2012, 07:57 PM)
For Computer Tax Relief, can I claim for 2 items ie 1 desktop and 1 tablet if the total is less than RM3000?
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No. Only one computer (max 3k), claimable once every 3 years.

QUOTE(kuntakinte @ Nov 16 2012, 03:49 PM)
Then it looks like whether I submit now or later, it makes no difference. I will be audited for previous year's declaration anyway. 

For discussion sake, it's always been said and advised that one should not buy assets with cash which may attract immediate attention from IRB.  I really wonder how true this statement is or is just a myth.

Granted, IRB can do a random check or otherwise get info from a tip off but is IRB itself alerted by some sort of trigger that when you buy a car or house in cash, you get audited from IRB.
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Not necessary 100% you'll get audited for previous years. But the percentage is higher, I would say 60-80% (I'm not working or related to LHDN in anyway)

There is no issue to buy in cash, if anyone has proper proof of their income and tax declaration.
e.g. If my monthly nett salary/income is 10k, and pay all tax dued properly, 1 year, theoretically, I can save 120k cash.
In 5 years (5 x 120k = 600k), if I buy a property for 500k cash, I am not scared of LHDN come to find me, provided I declare all previous 5 years tax and paid all the taxes.

Any seller who sell property, need to submit CHKT form to income tax, and there maybe buyer info there as well wink.gif But as said above, if everything is in order, there is nothing to hide.

cute_boboi
post Nov 19 2012, 04:13 PM

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QUOTE(kuntakinte @ Nov 16 2012, 04:04 PM)
What I meant was how does IRB know when you buy assets in cash, whether you declare your income truthfully or not.  Tip off is one but I can't comprehend that when people say, better don't buy cash if your taxes are not in order bcos IRB will know. How?

Yes, when you sell property, there is a chkt form but that's for seller to be assessed if he needs to pay rpgt. How does that form trigger IRB to the buyer who bought cash?  Also, I may buy the property in cash now, I then refinance later, when I sell, in my chkt, I still have an interest paid deduction as well, so, it looks proper too.

I've just looked at the chkt form, yes, it contains the acquirer's details and income tax file number but it doesn't ask if the acquirer is paying cash or paying via a bank loan
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Any buyer details, LHDN key into their system to check any history of declaration and tax payment (if any).
That is the reason I always ask people to DECLARE their income, even though it is not taxable.

e.g. If a person never declares his 30k p.a. income, and then suddenly buy a 200k house. LHDN key in buyer MyKad into system, no records found. What you think ? Should call up for audit ? whistling.gif

2nd e.g. If a person declares his income 60k p.a. but goes and buy a 1.2M property. LHDN key in MyKad, found got declaration for 5 years and his age about 30 years old. Age, taxation, etc. all sounds reasonable, but 1.2M property ??? rolleyes.gif

No doubt, there can be valid reason for it, whatever it is, but LHDN may just want to confirm it and hence, call up the buyer for audit. If can prove, e.g. kena Toto jackpot 48 million ... wink.gif then no problem. Else kantoi

cute_boboi
post Jan 3 2013, 01:38 PM

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QUOTE(funnybone @ Jan 2 2013, 07:05 PM)
Do E-Filling, online. Can get back faster. Within a mth sometimes less.
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It was e-Filing.

cute_boboi
post Feb 27 2013, 06:25 PM

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QUOTE(nothingz @ Feb 26 2013, 06:38 PM)
Obviously, you work for irb.

if you are a taxpayer, you should think on the taxpayer's behalf but you are damn funny
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I'm a taxpayer, and thinking on behalf of taxpayer, I think the current pre-paid (PCB) model is working fine.

If LHDN does not collect in advance:
1) People will not be bother to declare their income and do the yearly assessment.
2) People who need to pay, e.g. 1k, 10k of tax, will suddenly say "no money" and don't pay. Then we have bad-debt/collection.

I prefer this pre-paid method, as some Malaysians, even with savings, will say "no money" to pay tax.

cute_boboi
post Mar 26 2013, 07:49 PM

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QUOTE(FirezZ @ Mar 26 2013, 07:00 PM)
Hi,

just wana ask.. got married last year, so this year onwards, need to fill in MARRIED instead of single biggrin.gif
Just wondering on the first page, i am seeing 3 options :
- joint in the name of husband
- joint in the name of wife
- separate
- diri sendiri, pasangan tiada punca pendapatan.
my wife and i both are working in 2 different companies, so basically which one should i choose or "better" for me to choose ?

Thanks
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It's very simple. If both also working, choose Separate assessment.
(i) Both also will get 9000 personal relief
(ii) If combine, the total may cause you to be taxable. Or worse, push you up 1-2 level band of %.
e.g. if 60k each, taxable per person maybe just 3-5k (I pull from sky). 2x = not even 10k.
If combine become 120k, first 100k already 14k+ tax

cute_boboi
post Apr 15 2013, 12:32 PM

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Submitted on 4-4-2013. Got my refund in bank account already. icon_rolleyes.gif Less than 10 working days rclxms.gif

cute_boboi
post Apr 15 2013, 02:45 PM

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QUOTE(sidanos @ Apr 15 2013, 02:44 PM)
How come so fast one? I submit end of March, still havent got yet.
vmad.gif
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I guess there is nothing much to audit in my case. No funny or large deductions (e.g. no deductible house loan interest). Very straight forward submission, year in, year out.
icon_rolleyes.gif

cute_boboi
post May 2 2013, 12:00 PM

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QUOTE(tonYe @ May 1 2013, 02:20 PM)
Need help on clarifying this...

I used to work for companies, they deduct my salary for income tax every month, would I still need to do anything like submit a form or declare anything by myself? Or is it all settled by the companies?

I stopped working a year ago, didn't do or declare anything for tax last year, and started my own business. Do I need to declare my personal income tax as well or just my business?
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1) For your previous employment, yes, you need to submit/declare your income (BE form). Perhaps from deductions, you will actually get back some money if you overpaid from the monthly PCB.
However, be aware of late declaration fine. Even if you choose not to do this, LHDN may come back anytime to haunt you for non-submission (non-declaration).
Remember two things in life that can't avoid: death & taxes.

2) Yes, you need to submit/declare also for own business (B form), depending if you sole-prop, partnership, private co. (Sdn Bhd) or public co. (Bhd)

cute_boboi
post May 8 2013, 10:49 AM

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QUOTE(tonYe @ May 8 2013, 07:36 AM)
Thank you for your reply. Since it's already few years late for my previous employment, would the late declaration fine be a lot? What if I choose to declare only the recent year?

If I declare for my own business, do I still need to declare my personal income separately as well?
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I recall late declaration for one year is RM50 for my friend.

It's up to you. Officially, you have to submit all previous years (up to 7 years).
If you choose to submit current year only, and due to whatever reason that LHDN decides to audit your file and ask your proof of tax declaration (submission), you will still get caught. LHDN can dig through a lot of things if they want to:
- EPF (if you are employed)
- SSM for any company/partnership/sole-prop that you register.
- Bank Negara and all bank transactions, whether local or foreign bank, internal money transfers within M'sia or forex, cheques, TT, online banking, credit cards, loan, etc. Any banking transaction will leave a trail. Unless your sales is overseas, to your overseas account, that you do not withdraw within Malaysia or transfer in. Or unless your transactions are all 100% COD, whether you buy from seller, or you sell to clients.
That is why many people keep cash in their house and complain burglary RM500k cash when thief comes in.

If you have own business and personal income (employment or whatever), you need to declare both combined into B form.
e.g. own business annual = 100k
personal income = 36k

Total to put into Penggajian in B-form is 136k

cute_boboi
post May 8 2013, 10:54 AM

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QUOTE(angeline2my @ May 7 2013, 11:07 PM)
hi there

i need some help here

i'm a car sales agent, i do have my EA form provided by the company. however my income is not as much as it declare in my EA form as most of the income (commission) has been discounted to my client.

which colume should i declare for my discount to the client?

by the way since i'm earning basic and commision, i should go for the e-be or e-b?

thanks
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Let's say your basic is 1k per month. Each car sold is RM800.
But for each customer, you personally decide to give them back RM300 each.

Officially, your EA form is correct. You earn 1k salary and 800 commission = 1800
You can't claim deduction for the 300. Since giving money away (whether to customer, spouse, parents, kids, mistress, etc.) is not a valid deduction item.

If everything is stated in your EA form (including the commission), then e-BE will do. You are still consider as employed.

cute_boboi
post May 8 2013, 02:39 PM

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QUOTE(tonYe @ May 8 2013, 02:18 PM)
Oh, I thought the fine would like thousands haha. Deadline to declare/submit forms is in June right?
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e-BE (employement only) is 15 May online
e-B (with business) 30th June (if I remember correct).

There is a fine line between late-submission (let's assume numbers are accurate, and you are not cheating, under-declaring, wrongly put in numbers) ... and false/fraud submission.

Minimum penalty like RM50/year ??? ( I don't know, never have friends submit >1 year late) as compared to heavier fines for false submission (under declare, evade, wrong numbers, etc.)

My advise is ... sort out all your current and previous years tax. Pay whatever fine/penalty necessary.
I'm sure your business will continue to grow in future and the numbers will be much bigger.
By that time, if everything is sorted out, declared/submit yearly, in order, you have nothing to scare if LHDN find you. Or if you buy house in cash, like my friend who purchase a factory lot in cash.

No matter what, repeat again: there are two things in life that you can't escape ...

cute_boboi
post May 8 2013, 03:22 PM

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QUOTE(jayro_88 @ May 8 2013, 02:56 PM)
» Click to show Spoiler - click again to hide... «


Hi guys. Want to ask. Take the image as an example. How much do I have to pay? I dont know anything about this because this is my first time doing it. icon_question.gif  notworthy.gif
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Cukai Terlebih Bayar RM245.67

It's quite clear and obvious. Your PCB is more than taxable amount. Hence you will receive the money back by cheque/bank-in (from LHDN) in couple of weeks/months, once you click submit.

cute_boboi
post May 8 2013, 04:34 PM

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QUOTE(jayro_88 @ May 8 2013, 03:46 PM)
Thanks. I thought that i have to pay the cukai kena dibayar. So i just neglect it as long as the cukai terlebih bayar is there right?
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Don't neglect the Cukai Terlebih Bayar. That is your money. It is your right to claim it back every year.

Don't just leave there to offset next year tax. Keep it clean/balanced for every year, if extra, claim back within same year. If not enough, pay them.

Email them if still not receive within 2-3 months after click Submit. Call them up. Chase them regularly at least once a week. It is YOUR money, even if it is 50 sen "terlebih bayar". They have to do their job. Cannot let them rest so easy, take our hard earn money.

cute_boboi
post Jun 21 2013, 10:26 AM

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QUOTE(zssi2551 @ Jun 12 2013, 11:07 PM)
Hi, i submitted on 20th april and get refund on 8th May. But i just receive a doc request me to submit document. What shd i do? Get refund doesnt mean my tax submitted is alrd pass?
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Pass = yes.

However, LHDN still can choose to random audit you anytime of the year, and request up to your previous 7 years submissions.

QUOTE(ASSASINS @ Jun 20 2013, 04:07 PM)
Hi All, after called in & checked, they actually already bank in the tax refund (but different amount).
Not same as the one listed in form BE. They said is bcoz sometimes the calculation error etc.
So for those who haven't get back, pls double check if there's unknown money bank-in to you with similar amount.
Thats might be tax refund.
I get lesser RM200 back.
Btw, Is this normal?
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Normal or not, it depends on each individual submission, whether there are any own-made errors, or unacceptable deductions/claims, etc.

cute_boboi
post Jun 25 2013, 12:04 PM

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QUOTE(wenching87 @ Jun 24 2013, 11:34 PM)
Hello i have an issue here.. please advice. thanks.
» Click to show Spoiler - click again to hide... «


Please advice ya.. smile.gif
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Not much you can do/argue with LHDN if they say you never submitted.
What I always do is print out hard-copy after submission. Or print to PDF, and keep at several locations, USB drives in drawer, online free drives, etc.

If submit by hand, I print two sets: 1 set submit, the other set I ask LHDN counter chop-sign "received".

QUOTE(wenching87 @ Jun 25 2013, 12:08 AM)
hello..

may i know how much they penalize u for late filling??
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Last time my friend submit in Aug same year, RM50
Not sure current penalty, try google search or LHDN website, perhaps is RM50 per year for "late filling".
icon_rolleyes.gif

cute_boboi
post Jul 15 2013, 12:21 PM

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QUOTE(Panda33 @ Jul 14 2013, 10:57 PM)
Guys,

I have been working for 2 yrs+ in different companies. HR has opened tax file for me, somewhere in 2010 even though my mthly income at that point of time is not taxable. In short, i have the SG no already. Later on, i changed few companies and i never actually bother about tax. And yeah, in my last company, i had to pay around RM50 mthly for tax (shown in the payslip).

In my recent company, i told them that i only worked in one company (to show that i'm not a job hopper), the problem is HR in my current company asks for tax historical data. The question is, can HR finds out my employment history thru tax data?

Because i haven't really actually register myself in LHDN website, be it e-filing or e-daftar etc. And i'm not so sure where the money goes.
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You already have the SG number, means you have a tax file already. The money goes in there. When you did not submit your tax-filing, the money just 'hang' there. LHDN system will show you did not declare your income, cause no official submission from you. Hence, if you get lucky draw and auditted, will get penalty/fine for non-declaration of income.
Hopefully, the company did pay your PCB to LHDN, rather than print it out on salary slip just for show.

HR can easily find out your employment history.
If you contribute monthly EPF, that is another audit-trail.
Socso also.
Non-official way, the world is small. HR can have many friends/contact within or outside the industry.

cute_boboi
post Aug 2 2013, 10:36 AM

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QUOTE(wilsonwc @ Jul 26 2013, 11:19 AM)
I scare declare later he ask me to pay, i edi paying car loan now, insurance every year..later pokai, im just 21 also.
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Declare your income tax, does not mean you need to pay tax.

But if after declare, and you need to pay, it means you need to pay. It's that simple.
By not (1) declaring and (2) paying (if need to), you are liable for non-declaration, tax evasion, etc. which all comes with penalty.

There are two things you can't escape in life: death and taxes.

QUOTE(moon yuen @ Jul 30 2013, 10:46 AM)
SO, I need to scan every receipt ??

So, scan one , its acceptable  ? Quite troublesome to me...

Or I can tell the tax officer, document ink faded... Not my problem whistling.gif

Thanks  notworthy.gif
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All receipts/docs need to keep for 7 years.
You can photocopy or scan to keep as proof. But the original faded copy is needed also.

It is on your side to proof the receipts/docs, if you get audited. If you say document ink faded, not your problem, LHDN will say you don't have receipts, hence remove the receipts from deductions + penalty for false/wrong declaration. whistling.gif

QUOTE(ntdote @ Jul 30 2013, 12:06 PM)
Hi Sifus

Lets say i personally purchase a machine - backhoe. I wish to rent it out.

How are the rental income taxable?

Thanks.
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You need to do some basic bookeeping. You can treat it as your sole-prop.
Rental minus expenses to repair/fix/service/diesel/etc = nett profit. Add it into your Penggajian/other income.

cute_boboi
post Aug 7 2013, 01:59 PM

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QUOTE(David900924 @ Aug 7 2013, 12:12 PM)
Can I run away from taxes if my side income/part time/full time income is received by cash and I dont put it in the bank?
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Tax evasion is an offense shakehead.gif

There is two things in life you can't escape.

And this is also the reason why GST implementation is good.

cute_boboi
post Aug 11 2013, 12:21 AM

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QUOTE(hurtedheart @ Aug 8 2013, 12:04 PM)
I haven't got my income tax refund since i last submitted on 15/5 .. does it take such a long time to process. it had been nearly 3 months.. what can I do to get back the refund??  cry.gif
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Call/Email LHDN and ask them. You have your right to chase them.
If you have nothing to hide/evade, there is nothing to scare about them.
Your tax is for them to work, for their salary.

QUOTE(iappsmachine @ Aug 10 2013, 11:38 AM)
I just resigned from my current employment. Now doing business online. Not register any sole proprietor with SSM yet.

DO I have a register sole proprietor in order to declare with LHDN that I self employed? Can I do it without register sole proprietor.

Any Solution?
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Your answer is at Q28 here:

http://www.hasil.gov.my/pdf/pdfam/FAQ_B_EN..._11042011_1.pdf

cute_boboi
post Sep 2 2013, 04:29 PM

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QUOTE(zdince @ Sep 1 2013, 02:43 PM)
Hi all, i have a condition like this, a months ago i got salary increment to rm3200, which is rm2900 for the basic rate and rm300 petrol allowance, deduction kwsp is rm333.75 and without any other things like OT,additional pay , bla bla..  The problem is the HR did'nt deduct any tax amount from my payslip, so my payment is about 2866.55 after the kwsp deduction. I suppose there would be a tax deduction for those who has salary more than  rm2500 ? blink.gif
I had simulate my salary details with PCB calculator from the LHDN, it did has tax deduction for rm16. But what makes me confuse is that the petrol allowance should have been exempted from the tax deduction from what i heard. The PCB calculator didn't provide any option to exempt the petrol allowance, if i deduct the petrol allowance manually from the total remuneration (rm3200 - rm300 = rm2900), the pcb calculator generate the results without any tax deduction. This really makes me confuse......... rclxub.gif Anyone can enlighten me about this scenario?
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Petrol allowance (or any other allowance, OT, claims.) are included in tax calculation.
Therefore it is 3200 x 12 months = 38,400 p.a. (assume no other bonus/incentive/commission/etc.)
A rough calculation is 38,400 less 9k personal is already <30k taxable amount (not yet reduce EPF, insurance, etc.)
General consensus is not within taxable bracket, hence HR did not include PCB in your monthly salary.

However, you still need to declare and submit your income tax every year. Just not taxable (for now) only.



On another side note, company is smart by giving a lot of allowances, which they do not include into EPF.
e.g. in your given sample, 333.75 minus Socso 14.75 = rm319 (employee EPF)
Reverse from EPF 3rd schedule, your salary is 2,900 (correct as you mention).
Hence, employer contribution is rm377

If EPF is calculated base on 3200 (as your basic, instead of various types of allowances),
employee EPF: 352
employer EPF: 416
socso : still 14.75

Although your total EPF (employee) deduction increase from 319 to 352, the money still goes into your EPF. No problem here.

The problem is, employeR save money by banking into your EPF, rm377 only, instead of rm416.
Employer save RM39 per month wink.gif
Imagine how much they can save if they have a lot of employees.

On your side, you will have less rm39/mth in EPF savings, and this will affect your future withdrawal (age 55, house purchase, education, investment)


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