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 Income Tax Issues v4, Scope: e-BE and eB only

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cherroy
post Sep 21 2018, 03:18 PM

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QUOTE(MUM @ Sep 21 2018, 01:28 PM)
What if...he is his own boss (property agent).....no previous employer?
Need to tell?
If yes.....can bluff bluff tell? Or no tell ?
Tp3 form applicable for declaring own business also?
*
There is no reason why one doesn't want to tell.

If no tell that resulted incorrect tax submission then one is inviting trouble only.





cherroy
post Oct 1 2018, 09:33 AM

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QUOTE(pompoleo @ Oct 1 2018, 12:16 AM)
» Click to show Spoiler - click again to hide... «


Been hesitating to ask this publicly but I thought I'd just finally ask since someone has a similar situation. As you read, you'd probably be thinking, "why doesn't he go to LHDN and ask directly?".. Well, I emailed them and got a very short response and I'd also like to leave this up if anyone else in the future has a similar situation.

The only difference with me is that I'm paid with BTC (yes, seriously - employer is legitimate in their home country and deals in payment of all employees in this currency, even CEO).

A few questions since I know I'm taxable.

1) Would it be wiser to set myself up as SDN BHD/LLP?
1a) If not, why? Is there a certain pay threshold that I should overcome before either option is considered valid? Currently not too far from /k/ standard without any other side income.
1b) If yes, which would be better? Based on my research, LLP but I'd have to somewhat drag someone else in since it is relatively cheaper to keep running on a yearly cost basis.

2) As regulations currently stands, we don't have to pay taxes for BTC conversion but as it is how I receive my salary, I'm assuming whatever amount I convert is the amount I'm taxed, regardless of what is stated on the payslip?

3) If 1) is not required and I file as a person, would I input the total amount I convert from BTC to MYR or based on payslip for my total income? I assume it would be the former since that is what lands in my bank account but would appreciate the confirmation.

4) Since my salary is currently inclusive of the taxes that I estimated I'd need to pay + EPF foregone, based on the quoted replies, I can't deduct self contribution to EPF/PRS for FY18(until however long I decide to continue) filing or did I misunderstand this?

Thanks for reading and hopefully replying constructively!
*
1) It is good to set up company to manage as everything is in more proper order. Whether LLP or Sdn Bhd, it is up to individual choice. Sdn Bhd is a bit costly and stringer (as you need to undergo yearly auditing), but it also means you need to do thing even more proper, which eliminate any mistake done especially when the amount is big or become bigger time. Having said that, LLP may be sufficient.

2) You pay tax based on pay slip date, not conversion. So if you have a LLP or Sdn Bhd, it is much easier to manage, as it is counted on yearly basic revenue. Those accumulated BTC (eg. Y amount of BTC) over a year period of time, becomes your annual revenue equivalent to RMxxxxxx. By then taxes can be computed based on RMx.
As companies entity, you are eligible to have certain tax deduction on the allowable expenses.

3) Tax is always computed based on receiving date, not conversion date. Eg. You receive A amount of USD on Dec 2017 but only converted to RM on Jan 2018, you need to pay tax on 2017 year assessment, not 2018.



cherroy
post Oct 5 2018, 09:19 AM

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QUOTE(WalkInThePark @ Oct 4 2018, 09:46 PM)
right now my gross salary is 4200 per month. what if i have over declared to my new company of my tax bracket? what will happen?
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It may result extra more PCB is deducted and resulted overpaid tax.

But normally new company HR needs previous EA form/pay slip to verify, HR won't simply rely on mere word of employee to submit,
so over declare issue shouldn't be arise.

This post has been edited by cherroy: Oct 5 2018, 09:21 AM
cherroy
post Oct 5 2018, 10:25 AM

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QUOTE(WalkInThePark @ Oct 5 2018, 09:58 AM)
Assume there is chances for over declare or declared wrongly

Maybe did not verify or something by HR, the person need to deal with income tax instead?
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PCB is between you and employer, nothing to do with LHDN.

If excess PCB is being deducted, then by next year for annual submission time, you may have extra overpaid tax, as the PCB paid is not tally with your total income submitted.

X amount of PCB paid should always tally (or won't go too far) within range of declared income of Y.
cherroy
post Oct 8 2018, 09:32 AM

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QUOTE(haziqk10 @ Oct 7 2018, 03:44 AM)
Hi, I need your help regarding PCB that being deduct by my employer. How much percentage are being deduct usually from my salary? Isnt that too much since my income is lower than RM5000? Take a look at my salary slip.

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Use PCB calculator.
http://calcpcb.hasil.gov.my/

Please be reminded, those extra stuff received (like petrol, company car, allowances) are needed to add in as Benefit In Kind (BIK), which added into your gross salary amount before computing for PCB, including bonuses.


cherroy
post Oct 16 2018, 03:57 PM

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QUOTE(shahrul09 @ Oct 16 2018, 03:03 PM)
One question, If I sell shares syarikat private, do i need to declare that deal/money also?
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No need, selling shares of a company is a form of capital gain/loss, and capital gain is not a taxable income.


cherroy
post Oct 22 2018, 02:36 PM

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QUOTE(Ramjade @ Oct 22 2018, 12:13 PM)
So that means deduction from salary is counted?
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Counted

QUOTE(MUM @ Oct 22 2018, 12:20 PM)
Yes...i guess, That is how that sentence reads.....
Else those  working n do self contribute lagi untung....6% and tax relief some more
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Max Rm6,000 total can be claimed via EPF and life insurance relief, you won't able to claim more than 6k even with self contribution.
cherroy
post Nov 7 2018, 09:17 AM

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QUOTE(christ14 @ Nov 6 2018, 10:14 AM)
im not well versed in tax but if i may ask, is there anywhere someone can point me to for income tax related to investment?

had invested in a resort like investment, comes with lawyer fees etc, and is due to be completed soon. so any amount paid to me i declare seperately in another form and my work like normal?
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You need to clarify the type of "amount" paid to you.

Whether the investment return in paid as dividend, director fee, profit sharing as partnership, a form of bond interest etc.
And the resort company status, incorporate as Bhd, trust fund etc.

Different type of company and giving out different type of investment return has different implication of tax issue.

Some form of return like dividend is tax exempted as it is taxed at company level already, hence needless to be declared.
While if it is in the form of director fee, then you need to declare and adding into your annual Borang BE filing.
Individual can only file once annually, no such thing of declare separately.

This post has been edited by cherroy: Nov 7 2018, 09:18 AM
cherroy
post Nov 9 2018, 10:37 AM

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QUOTE(happiehappie @ Nov 8 2018, 09:54 PM)
What would the problem be? Especially if there is no difference if self pay vs company pay. Sorry I just need to understand the situation more before I can raise the problem. Cause I asked them this evening they say didn't help pay PCB, hence I am having the impression that they don't think is an issue
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PCB is deducted from your salary.

So the situation is the company didn't deduct the PCB amount from your salary
or
Deducted but not submitted?

It is employer responsibility to submit the PCB, if they didn't, you need to raise the issue to LHDN, if not later on, you have mismatch PCB amount for the annual filing, and may be audited due to it.

cherroy
post Nov 13 2018, 02:29 PM

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QUOTE(lelongster @ Nov 12 2018, 02:57 PM)
Dear sifus, would donation to Pibg ( persatuan ibubapa & guru) be eligible for tax relief?

Thanks in advanced
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Only donation to organisation/charity organisation that obtained LHDN/Finance ministry approval is eligible for tax relief.


cherroy
post Nov 21 2018, 10:34 AM

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QUOTE(anuj25 @ Nov 20 2018, 12:15 PM)
Hi Everyone,

I would like to know if I am able to claim any extra relief for FY2018 taxes. My situation is as follows:
1. I left my old Company and when I left I broke my Education Bond of RM35,000 and repaid the Company out of my pocket.
2. Another Company hired me and compensated me for my Education and gave me a bonus of RM35,000 to cover the Expense I paid.

Since the amount is treated as a Bonus, my PCB has increased tremendously and potentially this one-off payment made me hit a new Tax Band Rate >100K.
Is there any reliefs I can Claim since the money is merely a replacement of what I paid.
*
I do not think there a relief for that (education bond).

cherroy
post Dec 6 2018, 03:08 PM

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QUOTE(j0nn @ Dec 6 2018, 11:09 AM)
Hello,

My question is: are income/gains from the following investments taxable? Taxable meaning I have to declare it under "Statutory income from interest, discounts, royalties, premiums, pensions, annuities, other periodical payments and others gains or profits" in e-BE form. Hopefully some of you can help to confirm.

1) Unit Trusts
Equity/corp bond funds such as Public Mutual, those on FSM/eUT. Found some information online about tax credits on the dividends, but it seems pre-2014. And also found this from LHDN website:
2) P2P Crowdfunding
Funding Societies, B2BFinPal, Fundaztic.
» Click to show Spoiler - click again to hide... «

Moving to 2019. I have invested another RM2000. By end of 31 Dec 2019, say it's worth RM3050. How much do I declare as income?
Lastly, what are the tax rate on the above income? Are they taxed at the same rate like employment income?
Curious to know for stocks (REITs) as well. Though, as a noob I've not touched stocks  blush.gif
Thank you for your replies! I'll update this post if there's a conclusion.
*
Dividend is single tier since after 2014, that's why you see those are pre-2014 issue (franked dividend, tax credit)
Single tier dividend is tax exempted (because it has been tax at corporate level already, aka already taxed before giving to you)

Capital gain/profit made from investment is not a taxable income, hence it is not required to fill into the yearly annual submission but please keep those document (profit made/capital gain of the investment), to prove those money made, especially if the amount is big.

Reit income is subject to 10% witholding tax, because reit doesn't incur any tax when distributing their income.

This post has been edited by cherroy: Dec 6 2018, 03:16 PM
cherroy
post Dec 6 2018, 03:32 PM

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QUOTE(j0nn @ Dec 6 2018, 03:25 PM)
"Capital gain/profit made from investment" - this refers to unit trusts or P2P crowdfunding?
Odd because Funding Societies and Fundaztic both say returns are taxable.
B2B Finpal no comment, just say refer to tax consultant. I wonder how many of their investor have access to a professional tax consultant *rolls eyes*

Search for "tax" in the FAQ page:
https://www.fundaztic.com/faqs
https://fundingsocieties.com.my/faq
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I do not know exactly the status of those funding societies, what they are about.
But if those societies is giving out you interest on your capital invested periodically, then it is taxable.

Interest is taxable income except those interest generated through licensed banks by BNM and specific approved financial institutional is tax exempted.

Interest has different definition with capital gain.

Same with reit, they are called distribution, not single tier dividend, nor interest.

So need to get the definition right in the first place.

cherroy
post Dec 6 2018, 04:00 PM

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QUOTE(j0nn @ Dec 6 2018, 03:47 PM)
Funding Societies, Fundaztic and B2BFinpal are all crowdfunding platforms. An SME needs a 100k loan. Instead of going to a bank, they go to this online platform. 100 people invests rm1k each to provide the loan. The SME returns the loan periodically at X% interest, the online platform takes a cut and distributes to the 100 people. Seems to fit your definition of interest.

Just to clarify, unit trusts are not taxable because.. it's capital gains?

As for StashAway, it's a online automated investment tool (based in MY, regulated by SC). They will invest your money in a pool of ETFs based in US. Whatever returns I get are based on the underlying ETFs. I don't think they give interest on any extras in cash. So, is this capital gains?
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If those funding societies are not approved financial institution like banks (for tax exemption), then, yes, those interest earned is taxable.

Unit trust dividend generally is single tier - non taxable.
Gain after disposal of unit trust that sold at high price - capital gain - non taxable.

Capital gain - you disposal the investment at higher value.

Interest - you put money inside, then they give you a fixed return.

Stashaway (I also no familiar with it), but if it is an ETF approved by SC, then those gain made is similar to unit trust.
ETF is a exchange traded unit trust actually. Similar to stock in share market.

This post has been edited by cherroy: Dec 6 2018, 04:00 PM
cherroy
post Mar 29 2019, 10:00 AM

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QUOTE(David83 @ Mar 29 2019, 05:50 AM)
Company allowance can be two kinds:perquisite or benefits in kind (BIK)

BIK is normally tax exempted and will be listed under Section G of your EA form and subject to the annual limit per category as enlisted in the tables at Page 3 & 4 of the Note Penerangan BE.
For those listed under Section G no action required.

If your company listed them under Section B, it is treated as taxable perquisite.
If you have ambiguity, please clarify with your company HR or accounts payable who prepared your EA form.
As far as I know, reimbursable expenses such as business travel expenses are not taxable nor deductible; you pay first, claim per receipt and employer pays back later.
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Just to correct or precise, just in case some misunderstood.

BIK is not normally tax exempted.
In fact BIK is stated as taxable across except those BIK that listed under Paragraph 9 on the Public Ruling No 3/2013.

If one is receiving BIK that not under the tax exemption list and fulling the tax exempted condition, then those BIK is taxable.

So, it depends on the nature of the BIK, type of BIK, and situation of the BIK.

It is advisable to refer the ruling guidelines.
cherroy
post Mar 29 2019, 10:27 AM

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QUOTE(2387581 @ Mar 29 2019, 03:59 AM)
Recently I was filing my own income tax for 2018, and I begin to realise the negative effects the progressive income tax has on myself.
As my gross income increased over the years, I got taxed much more that I am basically taking home about the same amount between and after an increase in my salary. It appears that the current tax regime demotivates Malaysians to earn more for a better living. It doesn't help when the costs of living is getting higher day by day.

I understand that there are people who, after an increase in their income, continue drawing a similar amount of salary from the company, and by a separate agreement invoice their employer using a company registered under the employee's name, so the additional income would go into the company. In this way the employee's personal income will remain at a lower bracket, while the company, as the income is low, will get taxed less. Understandably with a registered Sdn Bhd, you ought to pay a certain amount to maintain the company's registration, accounts, returns, etc.

So here my question is:
1. At what gross income range it is sensible to create such a vehicle company, and
2. How much the costs (per year) are we looking at compliance costs, to maintain such a company legally, like secretary, accountant, returns, etc.?
3. What are the typical daily expenses we can take advantage of by using the company, like buying a car under company name, eating out, etc etc to maximise the use of the company for tax optimisation purpose?

I am asking on the basis that one is being employed full time and all income are derived from the employment only.

Since the personal income tax for taxable income ranging RM70k+ above will get 21%-28%, while company tax starts at 18% for first RM500k, it seems going Sdn Bhd for tax accounting purposes is sensible when we make more than say ~RM100k or so per year?
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One needs to realise that personal tax is progressive or step up, while company tax rate is flat across.

Eg.
Personal
Income 100K, max tax needs to pay max is 10,900, 10,900/100k = 10.9% (not yet deducted for personal relief, so should be lesser)
Income 250k, max tax needs to pay is 46,900, 18.76% (as above if deduct for personal relief, should be lesser)

Company
100K income straight away 18% = 18K needs to be paid.


While as company you have many compliance things to do, range from SSM, accounting/auditing, potential extra tax form submission, EPF, Socso etc.
Also, if the company is not running business, then those expenses like car purchase/petrol etc are not eligible for tax deduction.
Even for those company with business, those expenses may be tax deductible, but it is still adding back into personal taxable income in the form of BIK, so still the same.




cherroy
post Mar 29 2019, 03:11 PM

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QUOTE(:XO @ Mar 29 2019, 12:13 PM)
Hi, I have some questions.

Scenario:

I am working with government as a full time pharmacist. For this employment income, i have no issue as I know the transportation cannot be claimed because we have elaun sara hidup etc.

I am also working as locum in retail pharmacy. I have to spend Rm300 to get license to practice in the pharmacy. I took grab to and from work. Sometimes driving.  Is the expenses (travelling and license) can be deducted from the locum gross income?

I called to LHDN care line. I was informed that locum is penggajian and we cannot deduct expenses compared to those doing grab business.

May I know any sifu here have any comment on this? Thanks in advance

If based on this nota penerangan, it sounds like yes, i can deduct for my expenses?
user posted image
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Only if you register a business and receive those income through the business entity.

Personal employment income whether full time or part time, it is the same.
If full time job cannot claim those expenses, then it is same for part time.

Those deductibles stated eg.
Your employer pay your an amount of travel allowances because you are need to travel to perform your job. Then specific amount of travel allowance is tax deductible.


Doing grab is a business, not employment.



cherroy
post Apr 22 2019, 12:27 PM

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QUOTE(Lyu @ Apr 22 2019, 09:53 AM)
TQ... very short and clear answer that I couldnt get from kopitiam

Since I am not taxable, can I file on later date? (I know the last filing date should be 30 Apr)
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Whether one is taxable or not, one still needs to file before the due date.

Once you have file, you need to continue to file in annually, even you have zero income for the particular year.
cherroy
post Apr 22 2019, 02:42 PM

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QUOTE(Lyu @ Apr 22 2019, 01:03 PM)
Oh?
I thought no need as I read from imoney guide...

Will it be an offence in term of law if I file it next year?

This is because I work less than 1 year n I think it will be easy to declare if I work for exact 1 year...
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Late filing penalty may be applied.

As mentioned, once has created file, then file in annually.

Even if one is retired and no more income, one still needs to inform them to cease the annual filing.


cherroy
post Apr 22 2019, 03:29 PM

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QUOTE(anti-informatic @ Apr 22 2019, 03:14 PM)
Just submitted my tax today I was shocked that I kena RM1k+ tax.... annual near to 60k, last year only RM300 plus. Anything fishy here? How much u guys usually kena?
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Everyone is different, it depends on how much relief one is entitled.

Without other relief (EPF, insurance etc)
60K- 9k personal relief - 51k chargeable income

Based on the tax rate table.
First 50K = 1800
Next 1K x 14% = 140

Total 1940


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