QUOTE(bestyinn @ Dec 7 2011, 08:16 PM)
Anyone taking P6 here?/
if yes, do you noticed the article published by P6 examiner-Ms Yong Siew Chuen, she claimed that " the provision of qualifying activities shall be treated as a separate distinct business of the company" meaning that the total sales revenue (ie direct export sales, drop shipment export sales and local sales) should separate from other business source is it? and for the example explained by Ms Yong that is calculation error when we reach total income in fact, the amount should be stated at RM 13.48 million isn't?
another question is that, regarding tax administration in RPGT for the buyer side we are require "to withhold a sum to the lower of......" actually i m confusing in what circumstances do we need to withhold the sum and how to calculate the amount(ie means the 2% of the total consideration and the whole cash consideration received where do get the figures from).
distinct business u mentioned, yes, separate from other business source. it's always like that, when the a business is given incentives and exemptions, it should be separated other business source. so there will be a "aggregate business statutory income".
example:
Adjusted income (Qualifying activities)...........xx
less: Capital Allowance.................................
(x)Statutory income.........................................xx
exemption:
Direct export sales.....................xx
Drop shipment exp. sales...........xx
Local sales.................................xx..............
(x)Statutory income (Q.A.)...............................xx
Statutory of other business...........................
xxAggregate business statutory income............xx
-unabsorbed loss.........................................
(x)Net aggregate business SI............................xx
Interest income...........................................
xxAggregate income........................................xx
less: C/Y business loss................................(x)
........Donation.............................................
(x)Total/Chargeable income..............................
xx and yes, examiner made mistakes tat the total income from the example should be 13.48 but not 16.48.
also, another mistake by examiner is, the B value from the example should be 850 (on the note labelling at right side) but not 750 coz B value is "Annual value of the sales from qualifying activities, ie annual FOB value of direct export and drop shipment export sales
plus local sales". but it's funny that examiner used the correct B value to calculate exemptions, just labelled wrongly.
the RPGT part u mentioned, examiner clearly stated tat "withholding of 2% of the total consideration is applicable only if the transaction is partly or wholly in cash. if the transaction is wholly non-cash, withholding does not apply."
this sentence can be found in the article May 2011 "Real Property Gain Tax", at page 9 under the subheading of "Withholding of tax at source".
note:
If the disposer has completed and submitted the form CKHT3 when the consideration consists partly or wholly of money (cash), and he elected for the acquirer not to withhold and remit the whole of the cash or 2% of the total value of the consideration (whichever is the less) to the IRB, then the buyer does not need to withhold the amount even though the consideration consists of cash. The form CKHT3 must be submitted to the IRB within 60 days from the date of disposal by the disposer.
however, if the disposer did not elect for the acquirer not to withhold, then acquirer has to withhold.
let say A (disposer) sold a house to B (acquirer) at RM 500,000. B paid A by shares worth RM 100,000 and the rest by cash RM 400,000.
so the amount to be withheld should be:
2% x RM 500,000(consideration) = RM 10,000 or RM 400,000 (cash paid), whichever is lower.
since RM 10,000 is lower than RM 400,000, RM10,000 is to be withheld and remit to IRB.
2nd example,
A (disposer) sold a house to B (acquirer) at RM 500,000. B paid A by shares worth RM 495,000 and the rest by cash RM 5000.
the amount to be withheld is RM 5000 because the 2% of the consideration is RM 10k which is higher.
This post has been edited by notmycupoftea: Dec 8 2011, 05:57 AM