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

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klthor
post Nov 29 2016, 10:34 AM

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QUOTE(BboyDora @ Nov 29 2016, 10:13 AM)
Hi all,

If i registered as sole proprietorship in SSM, is it my income tax will be "ada punca perniagaan"?
im doing freelance now.
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it is not auto, but if you are using efiling to submit your tax return. then just select 'ada punca perniagaan'. im still using my SG number until today, just that when i log in i select Form B instead of BE.
klthor
post Nov 29 2016, 04:13 PM

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QUOTE(BboyDora @ Nov 29 2016, 10:47 AM)
I have been doing freelance for the past 2 years and i declared income tax under BE and I put "kerja sambilan" (after i confirmed with LHDN officer). The officer told me as long as you declared your income, it will be no problem for any audit issue.

So, now should I change to sole proprietor or continue doing what am i doing now as "kerja sambilan thingy"?
need advice. Thanks
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it depends on how you wanna do it.

Employment income = same as EA

your free lance = ???? pure money receive or minus off expenses?

in fact free lance is consider business and you can claim certain expenses... however the down side of it is you have to prepare company accounts and tax computation. if your free lance is too small, its better for you to cont what you are doing, LHDN wont complain if you pay them more,.
klthor
post Nov 30 2016, 11:02 AM

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QUOTE(BboyDora @ Nov 29 2016, 10:36 PM)
profit - expenses = total amount I declared to LHDN

The the amount is cukup makan for me and my family. Not big amount so i didnt hire ppl to do account thingy.
I only keep record on my ends
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hehe, the expenses part is the tricky one. some ok some not ok and have to add back. anyway, business world is always cost vs benefit. if the amount is so small, better not to change anything. but FYI it is not so proper to lump free lance net profit into employment income.
klthor
post Dec 1 2016, 11:16 AM

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QUOTE(vin_ann @ Dec 1 2016, 06:47 AM)
Foreign income is not taxable.
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would you mind to explain what do you mean by foreign income? and why is not taxable?
klthor
post Dec 1 2016, 02:38 PM

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QUOTE(BboyDora @ Dec 1 2016, 12:35 PM)
Not so sure about it but what i heard even income from paypal is taxable. correct if im wrong.
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QUOTE(vin_ann @ Dec 1 2016, 12:39 PM)
Income from PayPal ?

Are money sent from Msia company to ur PayPal ?

You heard of it, have you confirmed with any tax friend?
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QUOTE(cklimm @ Dec 1 2016, 01:31 PM)
Okay, I shall furnish more details here: I sit in my room somewhere in KL,
answered surveys via Toluna, Globaltest, AnnKate, all these foreign companies,
earned multiple hundreds of US dollar, credited into my Paypal account.

I withdrawn the Paypal balance twice into my local bank account.

So, am I taxable?
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that is why normally i tried to avoid to use 'foreign income not taxable', because the key word is not foreign income or local income. the key word is where you perform your work to earn that income.... we have discussed on this issue multiple time in LYN forum, i guess some1 should create a topic specially on this and make it sticky. so remember the key word and do not look at who pay you, where you receive your pay or what currency.... just look at where you PERFORM YOUR WORK. well there are exceptional industries just as shipping, insurances etc etc but that sums it all. and remember to think of exporter in malaysia, do they pay tax?
klthor
post Dec 2 2016, 11:02 AM

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QUOTE(Hansel @ Dec 2 2016, 08:53 AM)
Legally, a very clear way to handle this is if you are paid by a foreign company or foreign entity resident outside of Msia, please pay into a bank account resident outside of Msia. Then it's very clear.

TT the funds back to Msia for your survival, or withdraw from a Cirrus or PLUS ATM.
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tax evasion is illegal mate.
klthor
post Dec 2 2016, 11:02 AM

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QUOTE(Hansel @ Dec 2 2016, 08:53 AM)
Legally, a very clear way to handle this is if you are paid by a foreign company or foreign entity resident outside of Msia, please pay into a bank account resident outside of Msia. Then it's very clear.

TT the funds back to Msia for your survival, or withdraw from a Cirrus or PLUS ATM.
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tax evasion is illegal mate.
klthor
post Dec 3 2016, 02:19 PM

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QUOTE(Hansel @ Dec 2 2016, 06:34 PM)
Why do you call this tax evasion ?
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if you eanr your income in malaysia you pay malaysian tax, thats the law. unless you are talking about income earn outside malaysia, but judging from your word 'send money for surival' that doesnt seem to be the case.
klthor
post Dec 6 2016, 05:36 PM

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QUOTE(Babylong90 @ Dec 6 2016, 05:05 PM)
As long as your contract is with local company, it doesn't matter whether your salary is paid by local or oversea company. Even that your work is performed outside Malaysia, your employment income is still deemed to be derived from Malaysia.

This is clearly define in Section 13(2) of Income Tax Act 1967.

Hope it clarify your doubt smile.gif
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this one is a bit special case. from what i know it must be job related to your employment back in Malaysia, but not a special contract to send you overseas for 1 year.

from my understanding, example you are a technician with Company A and work for them in malaysia. most of the client for Comapny A is based outside malaysia, so you have to travel here and there to service machine etc etc. that will consider deem derived from malaysia. the word incidental to malaysian employment is important. and as well as business nature.

*** i might be wrong since i have never encounter such cases before. normally ppl who work overseas prefer not to declare malaysian tax.

This post has been edited by klthor: Dec 6 2016, 05:40 PM
klthor
post Dec 7 2016, 05:48 PM

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QUOTE(oOoproz @ Dec 7 2016, 04:35 PM)
Hello Sifu, I wish to confirm whether small business and yearly income not exceeding 2.5m is exempted from tax?
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2.5m / 12 = 200k+ per month.... i think 99.99% of malaysian doesnt have to pay tax ed.
klthor
post Dec 7 2016, 08:44 PM

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QUOTE(oOoproz @ Dec 7 2016, 06:40 PM)
Sry my bad, is exempted from tax submission for 2 to 3 YAs for new company

Source: https://www.pwc.com/my/en/assets/publicatio...ess-booklet.pdf PAGE 19
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please read carefully, it is exempt from submitting tax estimation. meaning cp204, nornally company has to submit their forecast earning and pay instalments accordingly.
klthor
post Dec 7 2016, 10:49 PM

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im too tired to explain what is incidental to employment in malaysia.... just take it as what you guys see fits. what i can say in the end is, based on where you perform your work except for a few industries. as for the incidental to employment in malaysia, you guys define it yourself or ask your tax agent to help you.... cherroy isnt correct as tax residence status only affect your tax rate and relief, and the public rulling that he/she shows is all about tax resident status. and babylong, the employment is kinda a grey area really, and job agency is not consider as employer.. they just match you guys to their client same as how we use jobstreet or head hunters in malaysia... they do not directly employ us, they just match us and get a commission out of it..... gonna stay away from all these foreign income stuffs, go pay a tax agent.... do not look for accountants as they know too little unless they practices a lot on tax issues...
klthor
post Dec 15 2016, 02:20 PM

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QUOTE(cherroy @ Dec 15 2016, 12:39 PM)
You are reside here, and doing survey to make an income that remitted from foreign county, means you derived income here so local tax applied.

Nothing to do with employment in this issue.
It is about where you derived the income.
Quite straight forward.

Similar to online business that individual selling goods to overseas and make an income that received in foreign currency, which is taxable here.

The previous grey area is when the person performing the job at overseas, and not fulfill the tax resident status of 182 days, which is totally different issue.
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QUOTE(Babylong90 @ Dec 15 2016, 02:04 PM)
Tax exemption on foreign income sources mean any income (i.e. interest, dividend, or employment income DERIVE FROM OUTSIDE MALAYSIA) are exempted from tax when u bring in the money into Malaysia.

In this case, as the employment income is DERIVE IN MALAYSIA, so it is consider as local income and it is taxable.

I note that you have define the above as foreign income source as the money is pay in USD / the employer are from oversea which is totally wrong concept. As most of us mention before, whether an employment income is taxable or not is depend on whether their income is DERIVED FROM MALAYSIA or not, NOT the currency nor the country of your employer stay nor the money is bank in from outside Malaysia.
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hahha.... and the debate continues, ppl just dont feel like reading all the previous posts and start on their own assumption on 'foreign income' over again.
klthor
post Dec 16 2016, 12:49 PM

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QUOTE(rapple @ Dec 15 2016, 03:08 PM)
You mean before YA2004, income that you earn/work outside malaysia then you bring back into malaysia is actually taxable?

I didn't know there is this for e-commerce

http://lampiran.hasil.gov.my/pdf/pdfam/GUI...IC_COMMERCE.pdf
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it falls inside income tax act and it is taxable. However starting YA 2004, new exemption for such income, hence we all use 'exempted' not ' not taxable'. not taxable is when you strike jackpot, windfall is not taxable in malaysia. the wording and definitions are very important when you read a law book. when you read carefully on the ecommerce, it focus a lot on where you do your biz instead of the location of the server but if your server is in malaysia but you do your work outside of malaysia they still wanna tax you.
klthor
post Dec 27 2016, 11:45 AM

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QUOTE(Sunny zombie @ Dec 23 2016, 06:34 PM)
Hi sifuss, for corporate tax point of view, whether waiver of loan from company and waiver of loan from state government will be subject to tax??
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wow, who kind enough to give you free money like tat? if im not mistaken, it is taxable. the complicated part is to determine either it falls under 'other income' or 'business income'.
klthor
post Jan 10 2017, 10:16 AM

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QUOTE(Avangelice @ Jan 8 2017, 06:03 PM)
I just discovered one thing. Your entire total postpaid bill is considered as "internet provider" right? So purchasing stuff through the phone bill like Spotify premium will be calculated into the bill and included in the Life style tax relief?

Correct me if I am wrong.

Looking to max out my lifestyle tax relief but I am finding hard to fill the gap.

Membership fee per year is 600.
Telco is 996 including Spotify

I am left with 1k. Anyone have a guide on how to max that out?
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spotify might not consider as your lifestyle relief, else astro will be deductible as well. anyway, there is no clear guideline from LHDN yet so better wait for their announcement. and theres no confirmation is it on YA 2016 or YA2017.
klthor
post Jan 10 2017, 10:16 AM

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QUOTE(Avangelice @ Jan 8 2017, 06:03 PM)
I just discovered one thing. Your entire total postpaid bill is considered as "internet provider" right? So purchasing stuff through the phone bill like Spotify premium will be calculated into the bill and included in the Life style tax relief?

Correct me if I am wrong.

Looking to max out my lifestyle tax relief but I am finding hard to fill the gap.

Membership fee per year is 600.
Telco is 996 including Spotify

I am left with 1k. Anyone have a guide on how to max that out?
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double post again, have to change mouse soon.

This post has been edited by klthor: Jan 10 2017, 10:17 AM
klthor
post Jan 10 2017, 11:38 AM

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QUOTE(MeToo @ Jan 10 2017, 11:20 AM)
Whats the point if you sacrifice others and claim the PC? It amounts to no claim wor...

My Unifi alrdy hit 2150 annually... books (yes I do read haha), easily cap it out.

So PC is a no claim item for me... hope next 3 years something changes
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2.5k yearly life style better than 3k for every 3 years, thats only 1k per year. rather to have 2.5 x 3 = Rm7.5k tax relief vs RM3k every 3 years.
klthor
post Jan 12 2017, 09:44 AM

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QUOTE(heavensea @ Jan 11 2017, 07:09 PM)
thanks bro, depends on the total net profits of the business.
If the business is making around 130k profits annually, the total tax would be around

1st 100k=13850
next 30k (above 100k, 26%)=7800

(13850+7800) / 130k = 16.65%...

still lower than Company Tax Rate?
And I've saved my monthly expenses on "secretary fees" (SDN BHD need to hired setiausaha right?)

lol making 100k++, need to pay tax 20k++.. gg  notworthy.gif
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you sure you are looking at the correct schedule?

1st 100k = RM11,900
next @24% = RM30,000 x 24% = RM7,200

sdn bhd is way more expensive than sole prop. secretrial fee, audit fee, tax agent fee.. easily 8k extra annually.

This post has been edited by klthor: Jan 12 2017, 09:45 AM
klthor
post Jan 12 2017, 03:59 PM

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QUOTE(heavensea @ Jan 12 2017, 02:54 PM)
Thanks bro, I don't have up to date table so I referred to the older one..

Whats the purpose of having sdn bhd? "Big company" with large captal must registered as sdn bhd?
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tender projects, easier to do business with larger corp, etc etc. cust easier to trace you, evaluate your company and a lot more. from tax and cost point of view, you will get nothing. just like advertising, it iss just a cost but the intrinsic value of having sdn bhd is there. other than tat, you can separate off businnes vs personal. the company can hold property, invest in shares and a lot more.


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