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

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1mr3tard3d
post Jul 28 2022, 04:54 PM

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QUOTE(money_tree888 @ Jun 28 2022, 09:15 AM)
because i was a tax resident of Malaysia until May 2022. I have sinced moved out of Malaysia. In 2023, won't I need to declare income from Jan-May 2022?
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so the higher tax referring to the tax rate of non-resident?

u could either be a resident or non-resident for a year of assessment (YA 2022: Jan - Dec 2022), but you cannot be a tax resident for a particular period in a year of assessment (e.g. Jan-May 2022)
there are four scenarios, obviously Jan 1 - May 31 = 151 days < 182 days
https://phl.hasil.gov.my/pdf/pdfam/PR_11_2017.pdf

QUOTE(Micky78 @ Jul 20 2022, 09:15 PM)
if i have two house rental out.. one is having profit and another unit is at a lost after deduct all allowable expenses.

in the tax submission, can i combine the rental income for both unit or only declared the rental income making a profit/positive?
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income from real properties can be grouped as single source, in simple English, sum up all rental income then deduct total expenses from all properties
refer to example 14: https://phl.hasil.gov.my/pdf/pdfam/PR_12_2018.pdf
1mr3tard3d
post Aug 2 2022, 10:10 AM

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QUOTE(velarous @ Aug 2 2022, 02:48 AM)
I heard it was extended to june 30th. I did it on the 22nd of june. Which is 5 weeks post dateline...

Anyways I got the penalty letter but it's based on the full payable tax amount. Will I not be able to claim the excess tax ?

By right if I do get the excess back, I only have to pay 5-600rm.

But if I don't it's 2600rm. Big difference.
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not sure which extension u were referring to
filing programme 2022

not sure what is your excess
PCB/CP 500 > tax payable without penalty?
1mr3tard3d
post Aug 2 2022, 03:49 PM

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QUOTE(velarous @ Aug 2 2022, 02:39 PM)
E-BE personal without business.

After all the rebates and deductions, it's about 2300rm in refund.  But the letter they sent me is to pay tax on the amount before rebates and reductions + the penalty which is 2800rm.
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no extension, e-BE deadline 15 May 2022

you may appeal against the assessment by filing form Q within 30 days from the date of letter to the branch stated in the letter
with a copy of your latest BE submission + the supporting documents for the relief claimed

detailed procedures refer to: public ruling

u r still entitled to claim the reliefs despite late filing
my guess is IRB estimate your tax based on your employer E submission and issue form J under s90(3) prior to your tax submission
1mr3tard3d
post Aug 2 2022, 08:03 PM

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QUOTE(velarous @ Aug 2 2022, 06:14 PM)
Would the reliefs still be credited to my account ever? Or only after if I appeal? And do I need to pay first within the 30 days ? Or don't pay and file the appeal letter first?

Is there a sample of a completed form Q I can look at? Can't seem to find one on google.
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what do u mean by reliefs being credited to your account?
reliefs are claimed in arriving the chargeable income and subsequently income tax payable
u should login to your e-lejar to check the outstanding tax balance
i reckon the amount would be the assessment raised by the IRB instead of your submission
so u would need to appeal with form Q to reverse/reduce the assessment due to the reliefs not being accounted by IRB

technically, u r supposed to pay the outstanding tax balance & when they approve your appeal, they will refund the excess
however, it usually takes several months/years for them to review and settle your appeal
then, the refund may take further months/years
the risk of not paying would be possible travel restriction during these periods

should be able to seek assistance at IRB branch/UTC
1mr3tard3d
post Aug 8 2022, 02:47 PM

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QUOTE(BacktoBasics @ Aug 8 2022, 12:57 PM)
Now, I heard that Company B will declare this reimbursement as my gross income in my EA form / payslip. Which means I need to pay tax on the income that I have not earned (2 months)??

How come the employee still need to pay income tax on the income that he / she has not earned as the money didnt go to them at all.

Employee should not need to fork out any tax payable since no expense was incurred since it is reimbursed & no income earned since it is paid to company.
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highly doubt that the company B will declare 'the payment in lieu of notice' as your employment income
however, it is definitely part of your employment income with company A
paragraph 6.17
in layman's terms, your employment benefit from company A
you, instead of company A, breached the employment contract with company B
therefore, you are liable for the payment in lieu of notice instead of company A
since company A is generous/desperate enough to reimburse the compensation, it is considered as income deriving from exercising your employment at company A
1mr3tard3d
post Aug 9 2022, 02:40 AM

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QUOTE(BacktoBasics @ Aug 8 2022, 03:42 PM)
Buy-out is actually at the expense of the employee even though the new company was the one that wants you to join early to help out with the business.

So there is a cost of buy out for the employee which is the tax portion of the buy-out?
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there are two perspectives in this regard
i) compensation you paid : as a result of breaching employment contract, your expense/outgoing
ii) reimbursement paid by the new company : incentive to induce you to commence employment, employment expense (allowed as deduction from business gross income)
just in case you are wondering if the buy-out expense can be deducted to arrive at the adjusted income
the payment in lieu of notice you paid to former company would be challenging to claim deduction under s33(1) as the expense is incurred prior to your new employment (which is not in the production of gross income / is capital in nature)


perhaps should be weighed against the opportunity cost (salary increment/new working environment/better employee benefit?)
1mr3tard3d
post Aug 10 2022, 03:20 AM

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QUOTE(BacktoBasics @ Aug 9 2022, 06:43 PM)
But in my own opinion there is no income generated on this transaction on my end because the new company that pays the buy out can claim tax deduction as a business expense whereas the ex company received the income and pays corporate tax on it.

So if you tax the employee again on so called benefits or income. Don't you think it is double taxed?
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no, i would not consider this as double taxed
the nature of buyout involves two transactions even if the new company pays directly to the former company (the new company is merely paying on behalf of you)
the compensation is not business expense as there is no contract (connection) between your new company and former company
hence,
i) compensation you paid : other income for former company due to breach of employment contract by you; your private expense
ii) reimbursement paid by the new company : employment income for you; employment expense for new company
they are not same source of income

This post has been edited by 1mr3tard3d: Aug 10 2022, 03:25 AM
1mr3tard3d
post Dec 15 2022, 10:24 AM

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QUOTE(lioncarlsberg @ Dec 15 2022, 08:16 AM)
Is it confirmed that 2022 can still claim RM 2,500 + RM 2,500 for the lifestyle or PC purchase?
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it has been passed on 31 December 2021 hmm.gif
and updated
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This post has been edited by 1mr3tard3d: Dec 15 2022, 02:50 PM
1mr3tard3d
post Jan 3 2023, 05:19 PM

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QUOTE(Sitting Duck @ Jan 3 2023, 12:45 PM)
For my case, my daughter turned 18 year old in month of Nov 2022, and is studying A Level in a private college. Initially I assumed that I could claim the RM8000 relief, but I got confused by the statement "except for certificate, matriculation or preparatory courses".

Would appreciate someone could advice me whether I could still claim the RM8000 relief for my 18 year daughter who is studying A Levels ? Thanks.
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no, eligible to claim RM 2,000 only

could be found from LHDN website
user posted image

not aware of any changes in YA 2022 in this regard
1mr3tard3d
post Feb 15 2023, 10:44 AM

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QUOTE(chan01 @ Feb 14 2023, 03:20 PM)
Hi all, I want to register as new tax payer but it seem unable to get in https://edaftar.hasil.gov.my. Can anyone guide on how to register as new tax payer? Thank alot
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i think they are migrating to the new site
MyTax
but online application is yet to be found
the edaftar allows for checking TIN number only

u may try maklumbalas
otherwise, have to visit the nearest branch

QUOTE(coolguy_0925 @ Feb 14 2023, 05:40 PM)
Lenovo finally told me they only provide invoice, no receipt and IRB does accept invoice as proof of purchase

Hmm...
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the invoice should suffice, no issue for me last time when being audited

QUOTE(Aurora Boreali @ Feb 15 2023, 10:35 AM)
[attachmentid=11418222]

This new website redesign is a regression. Now I can't find where the e-lejar is. Can anyone let me know where it is?
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user posted image

This post has been edited by 1mr3tard3d: Feb 15 2023, 10:55 AM
1mr3tard3d
post Feb 15 2023, 05:56 PM

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QUOTE(coolguy_0925 @ Feb 15 2023, 05:00 PM)
The auditor not even asked for proof of payment eg. credit card statement?
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no, no proof of payment was requested
received letter mentioning that the audit is completed without issue
1mr3tard3d
post Feb 16 2023, 03:05 PM

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QUOTE(chan01 @ Feb 16 2023, 02:45 PM)
I just went to branch and request pin number. I guess now we dont need to register and just request pin number to log in mytax. But i cannot "kemaskini" as every time i try to update the information, it will say kemaskini gagal but the information I entered is correct. Anyone try kemaskini before? Thanks!

user posted image
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incorrect password? case sensitive
user posted image
1mr3tard3d
post Feb 28 2023, 10:54 AM

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QUOTE(Vincent6596 @ Feb 28 2023, 10:05 AM)
i am new to here, i want to know that for 1st time login to mytax that require the pin number can i get it online or i must go to any lhdn office to get the pin number ?
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QUOTE(MUM @ Feb 28 2023, 10:28 AM)
How to obtain a PIN number for e-Filing registration?
https://www.cimb.com.my/en/personal/life-go...first-time.html

We have prepared the steps to obtain an e-Pin number online for you.
https://landco.my/social/apply-e-pin-number-online/

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the customer feedback website method from the link, are only applicable to the former interface
the latest interface is no longer applicable

having said that, it is still worth a try with the new website, attaching the CP55D form
1mr3tard3d
post Feb 28 2023, 04:05 PM

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QUOTE(jiaen0509 @ Feb 28 2023, 02:08 PM)
Employment contract was signed under Hong Kong company to an Malaysian.
Monthly salary was sent via PayPal from the company to individual and then withdraw to Maybank.

Does the income taxable? (as I saw oversea income doesn't need to be taxed for 2022)
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yeah, like tkyong1 pointed out
the employment income is derived from Malaysia if the employment is exercised in Malaysia
» Click to show Spoiler - click again to hide... «

the Double Taxation Agreement also stated that the employment income shall be taxable in the country of the resident
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1mr3tard3d
post Mar 1 2023, 10:55 AM

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QUOTE(vez @ Mar 1 2023, 09:14 AM)
is there a way to reprint submitted BE?

i print the slip but when cetak BE show cannot...

i have the draf BE sweat.gif just want to print the after submission BE
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QUOTE(contestchris @ Mar 1 2023, 09:15 AM)
How is it possible to get more than rm350? The cap is at rm24.75 x 12 which is rm297...but not possible to reach that since the cap was raised only in Sep 2022. How come yours above rm350?
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because EIS is also eligible for tax relief

QUOTE(Human Nature @ Mar 1 2023, 12:56 AM)
Submitted 6xxx
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QUOTE(Human Nature @ Mar 1 2023, 10:51 AM)
Got it, I did separately. Just feel like there is something i didnt claim  laugh.gif
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and you asked after submission
amendment will be more susceptible to tax audit

This post has been edited by 1mr3tard3d: Mar 1 2023, 10:58 AM
1mr3tard3d
post Mar 2 2023, 02:26 AM

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QUOTE(jian5481 @ Mar 1 2023, 07:49 PM)
For rental income, are we still allowed to deduct other costs such as up-keep, maintenance, repairs, etc. as well as loan interest? I remember it was only applicable for a few years
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where did you get that information sweat.gif
PR122018 paragraph 8

QUOTE(Jack&Guild @ Mar 1 2023, 09:16 PM)
Yes this was the news. But PM said tax free, does he refers to bonus 2022 or coming year bonus
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it's budget 2023...so theoretically would be for YA 2023
just tabled the budget, it has not been passed in parliament, it will not be effective until the Act is amended or the order is gazetted
no rush, the deadline is not even closed yet

there is no issue with filing BE YA2022, because employment income is assessed on receipt basis
meaning, if the bonus was received before 1 January 2023 --> YA 2022 income
otherwise, leave it until next year

QUOTE(davidletterboyz @ Mar 1 2023, 09:48 PM)
I was imposed "cukai tambahan" and after paying (got to pay before can open case for appealing), they refunded it back to me. But it has been 11 months and I still yet to get back my moneysweat.gif
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what do you mean by they refunded it to you but you have not received the money sweat.gif
or you mean they approved your appeal and made reduced assessment but you have not received the money?

This post has been edited by 1mr3tard3d: Mar 2 2023, 02:37 AM
1mr3tard3d
post Mar 2 2023, 10:53 AM

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QUOTE(davidletterboyz @ Mar 2 2023, 08:41 AM)
Ya ya. Approved my appeal but I did not get my money back. I had also enquired in LHDN office around 6 months ago and they said the payment is under processing. It's been coming to one year by end of this month. Is that normal? haha
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for refund other than normal filing (no amendment/appeal), yes, quite common that the refund might take years
even normal filing, they may decide to hold the refund and conduct an audit prior to the refund
you may continue to pest them like their collection department lol.gif
QUOTE(LightningZERO @ Mar 2 2023, 09:25 AM)
Hi guys...saw some posts a few days ago about the PCB not reflecting january 2023 payment for december deduction.

Anyone else has this issue? I look at my PCB statement from company vs MyTax and the difference is the december deduction. This is the first time this has happened. I check last year, even though december deduction always paid in january, it is always updated in that year of assessment PCB. Weird that it's not the case this year.

Anyone has this issue? Should I wait a few more days?
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if i remember correctly, you are able to alter the PCB amount when filing form BE
should not be an issue unless your e-lejar still shows outstanding several years later
QUOTE(Human Nature @ Mar 2 2023, 10:24 AM)
If spouse works in overseas and doesn’t declare here due to no local income, both scenario above cannot get right?
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probably no effect until YA 2026
user posted image
1mr3tard3d
post Mar 6 2023, 02:43 AM

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QUOTE(alvinfks78 @ Mar 4 2023, 11:02 AM)
user posted image

Hi WTA

G20 local pelancongan NO. ii

Bayaran fi masuk ke tempat tarikan pelancong

i paid for myself & mom. Is payment for mom included?
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single or multiple receipt?
if single receipt in your name, then it would be considered as expended by you

QUOTE(MUM @ Mar 4 2023, 01:20 PM)
If based on the conditions spelled out as per the attached image, I would place my bets on a "NO" to your question.
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i beg to differ, s46(1)(s) does not state the condition such as 'on himself'. 'for own consumption', etc
therefore, expended by him would suffice for relief
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1mr3tard3d
post Mar 7 2023, 03:04 PM

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QUOTE(cybpsych @ Mar 7 2023, 12:20 PM)
no idea. i assume no further requests = no further action

not like I want to keep digging lhdn for answers laugh.gif
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when they sent you a letter for audit
they will also send you a letter when it has been completed
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QUOTE(Jack&Guild @ Mar 7 2023, 12:40 PM)
Yep I am officer under pension scheme. For me to enjoy tax relief YA2023, maybe I should self contribute RM7k to the max limit for epf this time.
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while you may claim life insurance up to RM 7k as a pensionable officer but
EPF relief is still being restricted to RM 4,000 for voluntary contribution
» Click to show Spoiler - click again to hide... «


QUOTE(Xitox @ Mar 7 2023, 01:21 PM)
Hello guys, my wife's former employer has refused to provide an EA form and EPF contributions were only made during the last 2 months of her employment. What is the appropriate way for my wife to declare her income?
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while i agree to MUM's proposal -
QUOTE
you can still file your taxes for income (and other relevant contributions) received during your previous job. You’ll need to manually combine all details via salary slips and other statements (EPF, SOCSO, MTD) to complete the full year’s assessment

the problem is, during LHDN audit, they will still request for EA form as supporting document
1mr3tard3d
post Mar 9 2023, 10:19 AM

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QUOTE(Drian @ Mar 7 2023, 04:13 PM)
oh yah I actually meant the special relief the extra one.
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biggrin.gif you have mentioned 'special' relief, then it is intended for special circumstances
not aware of extension to this relief

QUOTE(ccschua @ Mar 8 2023, 04:36 PM)
I have a child 18 years and above and studying in college. do i claim relief for 1x8000 and also 1x 2000 ?

or if I claim 1x8000, i cant claim the 1x2000 ?

since I contribute to EPF (more than RM 4000), can I claim the contribution to EPF / approve scheme RM 4000 ?
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mutually exclusive
should also ensure that the institution is approved

any reason why you are not allowed to claim to the RM 4,000 EPF relief sweat.gif

QUOTE(alvinfks78 @ Mar 8 2023, 04:44 PM)
Perbelanjaan rawatan perubatan, keperluan khas dan penjaga untuk ibu bapa (keadaan kesihatan disahkan oleh pengamal perubatan)
If pay for normal flu/cough.....etc , for mom & dad can right?

got clinic official receipt with parent's name on the receipt amount and doctor signature/
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yes, eligible

QUOTE(Watta?? @ Mar 8 2023, 05:28 PM)
hi guys, just want to check if i can claim my ACCA and MIA membership fees? if yes, under which section do I claim it ya?
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hmm.gif chartered accountant who is not specialised in tax, did you skip taxation paper? biggrin.gif
no personal relief on that

QUOTE(coolguy99 @ Mar 9 2023, 09:37 AM)
Guys just wondering if LHDN accepts scanned copy of receipts?
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have heard that someone replying the tax audit via email (soft copy) without issue

but there was once an officer mentioned that the concept is
when the IRB request for physical copy, it must be available (not sure whether original is required)

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