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

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Cavino
post Jan 20 2025, 02:41 PM

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I have a property under my name (but in reality bought by my father in law). Just using my name for the property.

Tenancy agreement is between tenant and his name. He collected the rental and managed everything.

I used to declare the rental income under my personal income tax as asked my father in law to pay any tax differences arises from this.

Now I was told that since the tenancy agreement is UNDER his name, so is the rental deposit via bank in, he should be the one declaring the rental income instead of me.

I would prefer that actually as the rental income has been pushing me into the higher income tax bracket without me having that actual income.

So the question is if I am listed as owner but tenancy agreement is under him with him collecting the rental, who should be declaring the rental income?

Cavino
post Jan 21 2025, 09:33 AM

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QUOTE(ronnie @ Jan 20 2025, 11:19 PM)
who collect the income who pays the tax..... simple as that

but the tenancy agreement cannot be signed by a non-owner actually... was it even stamped by LHDN ?
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Yep, it was a stamped LHDN agreement.
Cavino
post Jan 21 2025, 01:18 PM

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QUOTE(MUM @ Jan 21 2025, 12:13 PM)
Not a tax or legal expert  but just My thought, just my thoughts,  .....

The person doing the stamping at the stamp office are not legal professional nor are they responsible to go through it to point out mistakes in the document.

Signed and stamped may still not a valid legal document if it has elements of fraud.
Stamped just can be admitted to the court for evidence.

The owner may just buat tak tahu that (his FIL) rents out the property to make money.

With the stamped rental agreement, the tenant can claim rental expenses for his business, the FIL pocket the rental money.
If lhdn audited the rental expenses transaction flow, will most probably check if the receiver of the rent reported the rental income.

If the tenant did not claim rental expenses, then the FIL keep the money, until when lhdn connected the dots through the stamp duty office.
They may have super computer to easily auto cross reference IC number in the agreement against reported rental income in the ITR of that individual, if lhdn wanted to.

If the "disgrunted" tenant knew about he is not a landlord and has no authorised power to sign the agreement or collect rental, and not willing to pay for damaged property, then .....Who go to court to seek grievances? The owner or FIL?
Or if the tenant got caught for doing "illegal" activities in the rented property, then .....Who go to the authorities to clarifies? The owner or the FIL?
Or if the property caught fire, will the insurance company pay or delay payments after knowing that the tenant was not rented out by the owner or had he authorised anyone to rent it out to collect rents?
Just some of my scenario making imagination for fun

https://btcolaw.com/f/stamping-a-contract-i...ts%20of%20fraud.
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My FIL will report the rental income under his tax submission while my submission will omit it this year if this goes thru.
Now on the other legal terms, I think I better check with the property agent my FIL used. Maybe I can rent at RM1 or RM0 to my FIL and allow him to sublet. He can then do a sublet tenancy agreement instead. Mmm...see if it can be done.

This post has been edited by Cavino: Jan 21 2025, 01:18 PM
Cavino
post Mar 4 2025, 07:49 AM

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Last year, I reported on 25th March and only get the refunded by 5th May. So the refund can be delayed.

The years before within 2 weeks.
Cavino
post Mar 6 2025, 03:18 PM

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QUOTE(coyouth @ Mar 6 2025, 02:21 PM)
can parents claim for pelepasan for their children's dental claims?
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Yes. Up to RM 1K, starting FY2024.
Cavino
post Mar 7 2025, 02:50 PM

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QUOTE(Secret_Garden @ Mar 7 2025, 02:28 PM)
Yesterday I received the refund email and showed it as a successful refund, but the problem is I didn't receive any payment via Dutinow. I thought I had registered the IC but only the HP via Duitnow. after that i straight away go registered the IC via Dutinow but until today the refund no nowhere to be seen.
Has anyone encountered this before?
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I tot you have to input your bank account number when submitting tax. It should go direct to your bank.

Sometimes it will takes a couple of days to show up in your bank account assuming you entered your bank account number when submitting be form.
Cavino
post Mar 20 2025, 10:54 AM

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QUOTE(dummies @ Mar 18 2025, 07:59 PM)
my parents have chronic disease that i need to go to hospital to see doctor to get the medicine for them every few months, the receipt i use to claim against the parent medical expense claims in my eBE form. However, the medicine given by the doctor is expensive because it is the brand drug so he wrote me a referral letter so i can get the similar generic (OTC) drug from the  pharmacy which is cheaper price. Under this condition, can i use the pharmacy receipt to claim against the medical expense claims in my eBE form ?
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As long you have Doctor's medical report or letter indicating the need for the specific medication, it does not matter whether it is from pharmacy or hospital.

 

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