Hi all,
For a newly-formed company intending to pay only Director Fees, is there a need to register with EPF, Socso and LHDN, and then remit any % of Director Fees to them?
Thanks.
New Co need to register with EPF, Socso and LHDN?, Sdn Bhd
New Co need to register with EPF, Socso and LHDN?, Sdn Bhd
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Sep 14 2013, 02:57 PM, updated 13y ago
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#1
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Hi all,
For a newly-formed company intending to pay only Director Fees, is there a need to register with EPF, Socso and LHDN, and then remit any % of Director Fees to them? Thanks. |
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Sep 14 2013, 03:06 PM
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#2
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Among the payments not liable for EPF contribution:
• Service charges • Overtime payment • Reward • Retirement benefits • Retrenchment, temporary and lay-off termination benefits • Any travelling allowance or the value of any travelling concession • Payment in lieu of notice of termination of employment • Director's fee The above list is not exhaustive. Should require further clarification, please contact our Call Management Centre at 03-89226000, enquiry or any EPF Office. http://www.kwsp.gov.my/portal/en/employers...-responsibility Categories of employees exempted from SOCSO's coverage:- • Government employees • Domestic servants • Self-employed persons • Foreign workers • Business owner and spouses of sole-proprietorship or partnership http://www.perkeso.gov.my/en/employer-a-employee.html LHDN...I think director can-lah |
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Sep 14 2013, 03:10 PM
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#3
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Thanks, yklooi.
So it means that Director's Fees have to pay PCB to LHDN? |
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Sep 14 2013, 03:12 PM
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QUOTE(Starbucki @ Sep 14 2013, 03:10 PM) example. http://www.hasil.gov.my/goindex.php?kump=5...it=5000&sequ=11 This post has been edited by yklooi: Sep 14 2013, 03:15 PM |
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Sep 14 2013, 03:16 PM
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QUOTE(yklooi @ Sep 14 2013, 03:12 PM) example. http://www.hasil.gov.my/goindex.php?kump=5...it=5000&sequ=11 |
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Sep 14 2013, 04:00 PM
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Sep 14 2013, 04:06 PM
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#7
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Sep 14 2013, 04:12 PM
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#8
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Sep 14 2013, 04:13 PM
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#9
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Sep 14 2013, 04:19 PM
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QUOTE(Starbucki @ Sep 14 2013, 04:13 PM) what about paying a little taxes and the director got higher fees...both win-win for the director and the govt....unless you have certain reason against paying taxes. that's is all I know..... guess the govt needed taxes to run and give BR1M among others |
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Sep 14 2013, 04:24 PM
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QUOTE(yklooi @ Sep 14 2013, 04:19 PM) what about paying a little taxes and the director got higher fees...both win-win for the director and the govt.... Taxes has to be paid of course. My point is that if I receive the Director Fees, I will have to declare it in full in my BE Form. That is on personal income tax.unless you have certain reason against paying taxes. that's is all I know..... guess the govt needed taxes to run and give BR1M among others On the company side, I would like to find out what procedures there are when it comes to my Sdn Bhd paying me the Director Fees, as in what are the procedures and % of tax to be paid, and when. |
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Sep 14 2013, 04:30 PM
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QUOTE(Starbucki @ Sep 14 2013, 04:24 PM) Taxes has to be paid of course. My point is that if I receive the Director Fees, I will have to declare it in full in my BE Form. That is on personal income tax. On the company side, I would like to find out what procedures there are when it comes to my Sdn Bhd paying me the Director Fees, as in what are the procedures and % of tax to be paid, and when. |
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Sep 14 2013, 04:32 PM
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Sep 14 2013, 04:35 PM
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Sep 14 2013, 07:04 PM
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8,653 posts Joined: Sep 2005 From: lolyat |
QUOTE(Starbucki @ Sep 14 2013, 04:06 PM) Maybe I should rephrase my question: Director salary paid for each month - subjected to EPF, Socso, PCB (Tax instalment)What is the best way to classify payment to myself on a regular basis, without the company having to pay EPF, Socso, LHDN or Kastam? Director fee paid in ad-hoc basis - Not subject to EPF and Socso, Have to declare in BE form Company tax rate is at 20% (For the first RM500k chargable income), subsequently 25% flat rate. While Personal tax rate is multi tier rate, max at 26%. These figure will help u in your business tax planning |
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Sep 15 2013, 03:20 PM
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QUOTE(yhtan @ Sep 14 2013, 07:04 PM) Director fee paid in ad-hoc basis - Not subject to EPF and Socso, Have to declare in BE form If pay dividend, is it taxable at personal level? Company tax rate is at 20% (For the first RM500k chargable income), subsequently 25% flat rate. While Personal tax rate is multi tier rate, max at 26%. These figure will help u in your business tax planning Or if pay ownself as consultant? |
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Sep 15 2013, 06:26 PM
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8,653 posts Joined: Sep 2005 From: lolyat |
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Sep 15 2013, 06:30 PM
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QUOTE(yhtan @ Sep 15 2013, 06:26 PM) Even if u declare dividend, the profit at Company level still has to pay tax. Then why not declare director salary/fee to reduce it? is all about tax planning |
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Sep 15 2013, 06:32 PM
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QUOTE(yklooi @ Sep 15 2013, 06:30 PM) Dividend would be the best option to avoid all the above, since our tax structure is tax on one source. |
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Sep 15 2013, 07:28 PM
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QUOTE(yhtan @ Sep 15 2013, 06:32 PM) My bad So it is best to, for example, let the company revenue be taxed maximum at 20%, then declare the Profit After Tax as dividends (which is not taxable at the personal level at 25%)?Dividend would be the best option to avoid all the above, since our tax structure is tax on one source. |
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Sep 15 2013, 08:51 PM
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QUOTE(Starbucki @ Sep 15 2013, 07:28 PM) So it is best to, for example, let the company revenue be taxed maximum at 20%, then declare the Profit After Tax as dividends (which is not taxable at the personal level at 25%)? Every Sdn. Bhd. will appoint auditor and tax agent, why not u ask them regarding this matter? |
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Sep 16 2013, 06:53 AM
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You will need to pay PCB for the directors.
Do it before 10th next month. If you already missed out the timing, make it to an accrual director fee. Dr. Director fee Cr. Other Payables (Amount owing to Director) When you think time is good, just pay it by deducting PCB using the 2013 PCB calculator. |
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Sep 16 2013, 11:46 AM
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QUOTE(ck23 @ Sep 16 2013, 06:53 AM) You will need to pay PCB for the directors. Thanks. How about paying out as Consultancy Fees instead of Director Fees? Are there any deductions to be made?Do it before 10th next month. If you already missed out the timing, make it to an accrual director fee. Dr. Director fee Cr. Other Payables (Amount owing to Director) When you think time is good, just pay it by deducting PCB using the 2013 PCB calculator. |
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Sep 16 2013, 10:42 PM
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QUOTE(Starbucki @ Sep 16 2013, 11:46 AM) Thanks. How about paying out as Consultancy Fees instead of Director Fees? Are there any deductions to be made? You would need to hv proper invoice for billing.For professional fee (tax filing & secretary fee) , it's a disallowed expense , need to add back in tax comp. Not sure about consultancy fee, pls clarify the consultation. To claim it as a business expense, unless the director has a firm or a consultancy company, and to put the so called "director fee in same shit" in his revenue as business income. Overall, the tax would be in our beloved government's hand no matter how, unless you do it fictitiously by manipulating. This post has been edited by ck23: Sep 16 2013, 10:43 PM |
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Sep 17 2013, 09:38 AM
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QUOTE(ck23 @ Sep 16 2013, 10:42 PM) To claim it as a business expense, unless the director has a firm or a consultancy company, and to put the so called "director fee in same shit" in his revenue as business income. Overall, the tax would be in our beloved government's hand no matter how, unless you do it fictitiously by manipulating. |
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Sep 17 2013, 10:30 AM
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QUOTE(Starbucki @ Sep 17 2013, 09:38 AM) If say my company get RM10,000 in revenue, I just want to pay myself RM10,000 in the easiest possible way. Not planning to avoid tax. Revenue aka turnover aka sales. Are you trying to say Profit before Tax?A Sdn Bhd needs to file CP204 monthly. Please budget it wisely. You are asking so is like your CP204 paid for was lesser than estimate and will kena the shortfall 10% penalty. If you transfer the profit to your own, you will be levied Personal Tax. (Unless it's a dividend payout) Overall it's just the same. Maybe if you haven't reached the tax bracket, based on scale rate, you save a bit rather than paying 20% flat rate for SME. (On the first 500k Profit, though) This post has been edited by ck23: Sep 17 2013, 10:31 AM |
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Sep 17 2013, 01:16 PM
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QUOTE(ck23 @ Sep 17 2013, 10:30 AM) Revenue aka turnover aka sales. Are you trying to say Profit before Tax? I get what you mean by the 26% personal vs 20% corporate tax rate, and on the dividend payout being paid from PAT and hence not taxable at personal level.A Sdn Bhd needs to file CP204 monthly. Please budget it wisely. You are asking so is like your CP204 paid for was lesser than estimate and will kena the shortfall 10% penalty. If you transfer the profit to your own, you will be levied Personal Tax. (Unless it's a dividend payout) Overall it's just the same. Maybe if you haven't reached the tax bracket, based on scale rate, you save a bit rather than paying 20% flat rate for SME. (On the first 500k Profit, though) Thing is, I have not lodged anything to LHDN (or EPF for that matter), so how do I pay myself? |
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Sep 17 2013, 02:11 PM
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QUOTE(Starbucki @ Sep 17 2013, 01:16 PM) I get what you mean by the 26% personal vs 20% corporate tax rate, and on the dividend payout being paid from PAT and hence not taxable at personal level. then you should register employer account with LHDN. They will give you a ref number starts with E.Thing is, I have not lodged anything to LHDN (or EPF for that matter), so how do I pay myself? Due Date for Form E return is every 31 March, next year. You can pay to your own self anytime. If your annual income is RM29950, then no need file PCB. Just pay as a director fee. However, it needs a company resolution for it. |
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Sep 17 2013, 02:25 PM
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QUOTE(ck23 @ Sep 17 2013, 02:11 PM) then you should register employer account with LHDN. They will give you a ref number starts with E. So in the meantime just pay as "Advance to Director"? Then later knock off salary/pcb/epf from there?Due Date for Form E return is every 31 March, next year. You can pay to your own self anytime. If your annual income is RM29950, then no need file PCB. Just pay as a director fee. However, it needs a company resolution for it. |
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Sep 17 2013, 02:36 PM
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QUOTE(ck23 @ Sep 16 2013, 06:53 AM) |
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Sep 18 2013, 08:38 AM
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ck23,
I think it is more of an advance since the money is needed first. Thanks for your advice! |
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