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 Anyone Declaring Crypto on LHDN

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TSycktech
post May 19 2021, 09:57 AM, updated 5y ago

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Hi all crypto fans,
Just asking has anyone declare your crypto earning on LDHN? Mostly, like LUNO is SC licensed.
If yes, is it declared under Form B or just declare on form BE (still under employment but invest in crypto) will do?

honsiong
post May 19 2021, 10:03 AM

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No need to declare unless looking at chart is your full time job
jett138
post May 19 2021, 10:13 AM

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crypto to your current acct and you buying a car / property/ cash out, do declare in borang B.

Personal ones depends on how much you want to declare, fill up accordingly in your be form. ( put investment enough no need to put crypto)

better to be safe than sorry when you buy big cash cars and prop at current pandemic times, they will come knocking very fast.
TSycktech
post May 19 2021, 10:15 AM

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QUOTE(honsiong @ May 19 2021, 10:03 AM)
No need to declare unless looking at chart is your full time job
*
Not even if big profit. like Bitcoin suddenly raise from RM50K to RM230K (profit like more then RM100K++)
jack2
post May 19 2021, 11:07 AM

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If you declare it, it is like putting a mouse into tong beras...
SUSyklooi
post May 19 2021, 11:11 AM

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QUOTE(ycktech @ May 19 2021, 10:15 AM)
Not even if big profit. like Bitcoin suddenly raise from RM50K to RM230K (profit like more then RM100K++)
*
Profited from trading bitcoin? Find out if you need to pay taxes
Tan Zhai Yun/The Edge Malaysia
March 01, 2021

https://www.theedgemarkets.com/article/thew...-need-pay-taxes
silverhawk
post May 19 2021, 11:11 AM

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QUOTE(ycktech @ May 19 2021, 10:15 AM)
Not even if big profit. like Bitcoin suddenly raise from RM50K to RM230K (profit like more then RM100K++)
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Until you actually cash it out, you've not actually earned anything.

andrekua2
post May 19 2021, 11:38 AM

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Maybe when you earn tens/hundreds of thousand... if only few Ks, I wonder if you need to report them.
waghyu
post May 19 2021, 11:41 AM

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QUOTE(ycktech @ May 19 2021, 09:57 AM)
Hi all crypto fans,
Just asking has anyone declare your crypto earning on LDHN? Mostly, like LUNO is SC licensed.
If yes, is it declared under Form B or just declare on form BE (still under employment but invest in crypto) will do?
*
how about huge losses? many in loss status
MANUTD676767
post May 19 2021, 12:14 PM

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LHDN know nothing till u withdraw to fiat
SSJBen
post May 19 2021, 12:17 PM

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QUOTE(waghyu @ May 19 2021, 11:41 AM)
how about huge losses? many in loss status
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Loss or gain, you declare both. Don't give them a reason to hold you by the balls.

If they tax you on your loss, then you can fight about it later. But if you don't declare anything at all, they have the right to summon you to court. Yes, it's mafan AF either way but declaring your loss first is the easier way out.
andrekua2
post May 19 2021, 12:20 PM

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QUOTE(SSJBen @ May 19 2021, 12:17 PM)
Loss or gain, you declare both. Don't give them a reason to hold you by the balls.

If they tax you on your loss, then you can fight about it later. But if you don't declare anything at all, they have the right to summon you to court. Yes, it's mafan AF either way but declaring your loss first is the easier way out.
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How do you declare losses? Can put negative numbers in other incomes?
svchia78
post May 19 2021, 12:21 PM

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Do you know the difference between B and BE form?
waghyu
post May 19 2021, 01:42 PM

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QUOTE(SSJBen @ May 19 2021, 12:17 PM)
Loss or gain, you declare both. Don't give them a reason to hold you by the balls.

If they tax you on your loss, then you can fight about it later. But if you don't declare anything at all, they have the right to summon you to court. Yes, it's mafan AF either way but declaring your loss first is the easier way out.
*
True, today many people incur deep losses in crypto. RIP savings.
RectangleX
post May 19 2021, 02:57 PM

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QUOTE(ycktech @ May 19 2021, 09:57 AM)
Hi all crypto fans,
Just asking has anyone declare your crypto earning on LDHN? Mostly, like LUNO is SC licensed.
If yes, is it declared under Form B or just declare on form BE (still under employment but invest in crypto) will do?
*
You trade as a trader or investor?

QUOTE
Tax Matters – Retail investors in shares, are your gains taxable?

RETAIL investors made big waves on Bursa Malaysia in 2020 and at different times of the year; their participation went up as much as 43% of the daily trading volume. With the rise in the local stock exchange, retail investors made substantial gains last year.

Retail investors are individual, non-professional investors who invest in small amounts of shares from time to time with the objective of selling the shares either in the short term or long term. In majority of the cases, their intention is to build up their capital for retirement purposes, for their children’s education or for their future health needs.

The underlying intention of building up their wealth is to ensure that they have the funds for a rainy day since Malaysia does not have a comprehensive social security net when you are unemployed or retired.

Can the gains be taxed?

In Malaysia, only income is subject to tax. Capital gains on shares are not taxed.

When is the gain income and when is it capital?

Factors such as the intention of the individual retail investor at the time of the purchase, the frequency of the transactions, the holding period and source of funding the transactions will be some of the determining factors in deciding whether the profits are income or capital.

If the investor had bought the share to sell it shortly (say within days or a few months) and the investor regularly buys and sell shares, the gain could be treated as income and taxed accordingly. Financing the shares with borrowings may support speculation and therefore bringing the gains to income tax.


Is profit-seeking motive part an individual’s investment strategy?

If the shares have been bought with an intention to build up an investment, the gains on the realization of the investment should not be subject to income tax. Individuals should be distinguished from a company because the main reason for an existence of a company is normally to make profits. However, the individual’s intention of trading in shares is usually to build up his capital. Here, the taxpayer has to show that he is attempting to build up his capital over a long term whenever the opportunity arises to realize profits.

What are the tax authorities doing?

There is no specific guidance issued by the Inland Revenue Board on this matter. The underlying basis on whether an individual should be taxed or not is based on case laws. Under the current situation, the taxpayers cannot be certain whether they will be taxed or not.

Generally, the tax authorities have not been taxing individual retail investors on their gains. The exception is when individuals are subjected to tax audits and tax investigations or when they are requested to produce capital statements or net worth statements, the gains from such transactions are usually raised as a matter to be taxed.

The problem is that the isolated individual retail investors selected for scrutiny are subjected to tax while the majority of the individual investors are not subjected to tax on such gains.


Our suggestion

As mentioned above, individual retail investors in the stock market generally tend to invest in the stock market with the intention of building up capital as opposed to benefiting from the short-term gains.

Unless it is evident from the taxpayer’s actions that there is an organized activity to trade in shares to realize gains, individual taxpayers should not be brought to tax on such gains. It is timely for the tax authorities to provide guidance or a public ruling on this matter.

https://www.thesundaily.my/business/tax-mat...xable-JC6163597


This post has been edited by RectangleX: May 19 2021, 03:01 PM
TSycktech
post May 19 2021, 03:15 PM

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QUOTE(RectangleX @ May 19 2021, 02:57 PM)
You trade as a trader or investor?
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Should be investor as 1 year buy/sell few times only.
xTatsuya
post May 19 2021, 03:41 PM

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QUOTE(ycktech @ May 19 2021, 03:15 PM)
Should be investor as 1 year buy/sell few times only.
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Based on this alone should be able to justify as investor lo..
Investor are non-taxable based on current guideline.

The thing is, the guideline is so vague now, they can say whatever they want.
Then we should also stand strong with our justification also la.
RectangleX
post May 19 2021, 04:04 PM

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QUOTE(ycktech @ May 19 2021, 03:15 PM)
Should be investor as 1 year buy/sell few times only.
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Most trading platforms have annual transaction history, you can download or print them out as a prove of your buy/sell transactions. Always keep records of your trading transactions, just in case of LHDN auditing.
pleasuresaurus
post May 19 2021, 04:15 PM

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Should not be an issue of declaring, MY is a single tier tax system, the taxation is on real property gains and not capital. The main issue would only be justifying where u obtained the income to invest in the first place. Additionally, cross border financing and AMLA. Just keep financial records accordingly for the stipulated 7 years.
doraemonkiller
post May 19 2021, 04:36 PM

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Been paying total 6 digits to LHDN for the past 3 years for my crypto trading.
As long as the trading is your active income then the profits is taxable. NOTE: Capital gain is not taxable so as long as you did not convert crypto to fiat money for profits, it is still not consider profit because you still facing risk like exchange hacked, price drop, and others.
If you trade full time, remember record down how much money u invest in crypto. Check how much positive cash flow after you convert to fiat at the end of year.

This post has been edited by doraemonkiller: May 19 2021, 04:39 PM

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