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 Income Tax Issues v2

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legiwei
post Feb 26 2013, 10:58 AM

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QUOTE(nothingz @ Feb 25 2013, 10:33 PM)
If IRB wants to make it compulsory for all employers, they should issue the Form E to them and not wait till they come and apply since their system should have all the info
the income tax act is drafted in the way that you are 'guilty unless proven innocent', because you have to pay tax in advance, CP500 & CP204 before you file in your final tax. in 1 way it reduces your burden by not having to pay 1 lump sum which the amount may be substantial but on the other hand, you don't earn interest by depositing to IRB.

1 more thing is, you better don't underestimate because you will be penalised if the difference between estimation and actual is more than 30%.  as if all the business profits can be estimated reliably...

for a well manage business, i feel that the 'paying tax in advance' practice is unfair to the taxpayer
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The practise of paying taxes as you earn is consistent in most country around the world. It's not exactly paying tax in advance, it's just that we normally compute our tax liabilities after the year has passed, if at all, tax payers are paying their final due late in the past. Note that IRB allows you to revise your estimation twice in 6th and 9th month of your business so there is room for correction in event your estimation is way off the mark.

QUOTE(Ronaldindin @ Feb 25 2013, 11:31 PM)
is it advisable to submit our income to gov even earning below 2k?
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I assume you haven't been working previously and do not have any Income Tax account. If your total income is not above ~30k per year, you do not need to submit your tax return since you will not be taxable. So, assuming you have flat RM2k earnings consistently throughout the year (RM2k x 12mths = 24k), you will not be required to make any tax return.
legiwei
post Feb 26 2013, 01:33 PM

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QUOTE(nothingz @ Feb 26 2013, 12:32 PM)
Paying taxes is normal but paying taxes in advance is not normal. Sometimes you have not even received the money(cash flow) but have to pay in advance first.

6th and 9th revision are still before year end, business carries risks and uncertainties. It may experience fluctuations in final months, therefore the paying in advance practice does not benefit taxpayers. You pay them is easy, there's always e-payment system on irb website but where is e-refund?

Your less than RM30K income per year not subjected to tax is wrong since you assumed that employee has contributed epf, what if he did not and he does not claim other reliefs?
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Your business FYE is 31 December 2012. You will estimate your tax liabilities for the year 2012 and pay tax installments based on your assessment throughout the year 2012. So, you're not exactly paying in advance. The only assumption is that profits accrue evenly throughout the period which might not be the case. Our tax collection structure is similar and practise in many other countries, so I guess you will have to label many of them as not normal too I guess. biggrin.gif

Anyway, in event that you have overpaid your tax liabilities, you will always have the option to write to IRB to offset your tax overpaid against your future tax installments. smile.gif

Great that you put things into perspective, I'm just providing an aproximate figure guide on the RM30k.
legiwei
post Feb 26 2013, 04:09 PM

On my way
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QUOTE(nothingz @ Feb 26 2013, 02:24 PM)
A notice of assessment has not come out but you need to pay first, how can that be fair? Underestimate will subject to penalty but overestimate has no interest, fair? At least our neighbour, Singapore does not practise such tax collection method.

Offset tax instalments is very theoretical but when it comes to practical, it can be very confusing. You may offset current tax instalments with previous overpayments but what if you revise the previous YAs tax comps? The keep tracking procedures are very troublesome especially those clients who do not always pay on time, penalties come in again and make the situation worse. Some of the balances may be from the 90's, able to track?
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I've presented my case and you do not agree to it so I guess there no point debating further. smile.gif The assessment that you received (which is actually our very own tax return) is 7 months after the year of assessment. So, is this fair to the IRB? laugh.gif

It's not that difficult really. All you have to do is write in to IRB and meet up with the officer. We're now on self assessment so revising our own assessment is probably not gonna happen regularly. How hard is it to offset previous overpayment of tax to our current future tax installment >.< The important thing is to get IRB to acknowledge and agree to the plan.

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