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 Buyer for SOFO & SOVO-GST Related Issue

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aurora97
post Jul 8 2015, 01:41 PM

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GST definitely have to be paid by someone.

From what I understand, GST must be clearly stated in the contract especially whether the price is "inclusive" or "exclusive" of GST. If there is no explicit mention of the treatment, it is considered that the price is inclusive of GST. (hint)

so you think you can charge GST on an exclusive basis? Not quite... see section 9(5) and (7).

throw all the above questions to developer, I confirm tonight they will pull hair (coz i Lost all of mine).

P/S: our solution is to terminate all difficult clients LOL.

Cherroy

The "No Opportunity to Review" is like chasing a unicorn, very few people qualify, the following are the conditions:-

(a) both parties must be a GST registrable person
(b) must be taxable supply
© contract must be irrevocable and agreed by all parties before 1/4/2013
(d) recipient of the supply is himself making wholly taxable supply.

If you qualify for the above, the price you pay will be zero-rated for 5 years.

This post has been edited by aurora97: Jul 8 2015, 01:45 PM
aurora97
post Jul 9 2015, 12:15 PM

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QUOTE(miracle80 @ Jul 9 2015, 11:43 AM)
Well said. May i know where to refer for Section 9(5) and (7)?
I plan to get some advise from Tax consultant, is there any recommendation?
*
Ops sorry Goods and Services Tax Act 2014.

Get your free copy here Goods and Services Tax Act 2014

Your tax consultant should be more pro than me, I think forum can only help so much…

I would like the answers you receive from your Tax Consultant though … lol.


This post has been edited by aurora97: Jul 9 2015, 12:20 PM
aurora97
post Jun 3 2016, 05:18 PM

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QUOTE(cherroy @ Jul 16 2015, 11:41 PM)
I don't know what you disagree about.

Also, I think little people could understand what you are trying to say with the above statement, care to elaborate more?

Whether the S&P price is inclusive or exclusive, (no opportunity to review issue) it doesn't differ that GST must incur or must be paid after 1/4/2015.

If the price is RM100k,
either developer charge 100K + 6% = Rm106K, or RM94340 + 6% = Rm100K. (if based on no opportunity to review clause)

How can purchaser request developer to issue a tax invoice with zero rated, (RM100K + 0%), when they actually deliver a standard rated item?
*
answered in the past lel... didnt even look at the year before responding. nothing to see here.

There's actually a carve out for long term agreements that are entitled to be "zero rated" but the classification itself is almost impossible to meet.

Non-reviewable contract criterion:-
Span the GST appointed date
Are signed before 1 April 2013
Govern taxable supplies
Are entered into with another business

you can find the source here:-
http://www.customs.gov.my/en/pg/pg_sg/Tran...uly%202014).pdf


This post has been edited by aurora97: Jun 3 2016, 05:22 PM

 

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