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SUSjack2008
post Mar 17 2008, 01:11 PM, updated 18y ago

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Taxable income for individuals, businesses

By LEE VOON SIONG

This is the second article in a series of four weekly articles to assist taxpayers in complying with their tax obligations.

ALL revenue income derived from a source within Malaysia are subject to tax unless specifically exempted. Foreign source income remitted into Malaysia are exempted from tax.

Employment income which must be reported in the employee's tax return include salary, wages, commission, bonus, gratuity, perquisite or allowances.
The classes of income that are subject to tax for an individual include the following:

Employment income

Employment income which must be reported in the employee's tax return includes the following:

# Salary, wages, commission, bonus, gratuity, perquisite or allowances (perquisite would include the following payments made by the employer on behalf of the employee: utility bills, income tax, children's education expenses, individual club membership, employee share option scheme and loan interest);

# Benefits-in-kind such as car, driver, corporate club membership, mobile phone, household furniture and appliances; and

# Value of living accommodation, servant and gardener.

Certain expenses are allowable against the employment income such as professional membership fees, and travelling and entertainment expenses. The onus is on the employee to prove to the Internal Revenue Board that the expenses were incurred for business purposes.

Employment income which is exempted from tax and need not be reported includes:

# Leave passages provided to the employee, his spouse and children up to a maximum of RM3,000 for one overseas trip and up to a maximum of three local trips per year;

# Retirement gratuities (on meeting certain conditions);

# Employees Provident Fund withdrawals; and

# Dental or medical treatment or child care benefit.

Dividend income

The tax treatment will be as follows:

Normal dividends: Dividends are received net of tax by individual shareholders. The gross amount of the dividend is declared in the tax return.

A Section 110 tax credit (27%) can be claimed against the income tax suffered on the dividend income. If a resident individual's marginal tax rate is lower than 27%, the excess tax credit can either be refunded or used to set off against the tax payable on other sources of income.

Tax exempt and foreign dividends: These dividends are exempted from income tax and need not be declared in the tax return.

Expenses which are deductible against the dividend income are:

# Commission or brokerage fee;

# Stamp duty on transfer of shares; and

# Interest on loan obtained to purchase the shares.

Interest income

Interest income received is subject to income tax and is required to be reported in the tax return. However, interest paid by a financial institution in Malaysia to a resident individual is not required to be reported in the individual's tax return as the withholding tax of 5% is treated as a final tax.

Rental income

Rental income is required to be reported in the tax return and is normally treated as an investment income.

Expenses which are allowable against the rental income are:

# Quit rent and assessment;

# Insurance premium on the property;

# Replacement costs on assets used in the property;

# Repairs and maintenance;

# Interest on loan obtained to purchase the property;

# Commission and agency fee;

# Advertisement for letting out of property.

Expenses incurred on advertisement, commission and legal fees for the first tenancy agreement are not allowed as these expenses are capital in nature.

Rental losses are not allowed to be utilised to set-off against other sources of income.

Business income

The taxable income of a business is determined after deduction of the following:

# All expenses and outgoings incurred wholly and exclusively in the production of the business income;

# Capital allowances; and

# Any unabsorbed business losses brought forward.

Expenses which are wholly and exclusively incurred in the production of the business income would include:

# Interest on loan used in the business;

# Rental in respect of any land or building occupied;

# Employee costs;

# Specific provision for doubtful debts/bad debts; and

# Repairs and maintenance.

Depreciation on fixed assets is not deductible.

However, capital allowances can be claimed provided the fixed assets are owned by the taxpayer and are in use for the business at the end of the basis period.

http://biz.thestar.com.my/news/story.asp?f...88&sec=business


Preparing personal income tax returns

Preparing personal income tax returns

By LEE VOON SIONG

WHO is required to submit a tax return? A person who is chargeable to tax is required to submit an income tax return to the Inland Revenue Board (IRB).

Chargeability to tax would depend on the amount of income reported and the reliefs and deductions claimed. For example, an employee who is single and earning RM27,000 annually would be chargeable to tax if his claim for relief is limited to self relief and Employees Provident Fund.

An individual who is filing his tax return for the first time will have to register a tax file with the IRB. He can do this by going to the nearest IRB office and bringing along his identity card/passport, Form EA and marriage certificate, if married.

How will you be taxed?

An individual is taxed on his chargeable income after deduction of personal reliefs. He will be taxed at scale rates starting from 0% (on the first RM2,500) to a maximum of 28% (on chargeable income exceeding RM250,000).

A non-resident individual will be taxed at a flat rate of 28% on his gross income without any relief.

Types of tax returns

Any taxpayer who has not been issued a tax return by March 31 must request for one from the IRB by April 14.

The income tax form must be completed and submitted to the IRB's Processing Unit in Pandan Indah, Kuala Lumpur. The types of income tax forms issued by the IRB are shown in the table.

Taxpayers who have previously submitted their tax returns via e-filing will no longer be issued tax returns.

Taxpayers who have received their tax returns but wish to submit their tax returns via e-filing can do so by logging in to the IRB's website (https://e.hasil.org.my) using the pin number printed on their income tax returns. An acknowledgment will be issued online automatically upon submission of the return.

For taxpayers who are filing their tax returns for the first time and wish to use the e-filing system, they can obtain their pin number as follows:

# Visit the nearest IRB office, or

# Call the IRB office and fax over a copy of their IC with their handphone number. The pin number will be sent via SMS.

Any person who fails to submit a return or notify the director general of his chargeability to tax will, on conviction, be liable to a fine of between RM200 and RM2,000 or imprisonment of up to six months or both.

How to settle tax liability?

Employees are subject to schedular tax deduction (STD) on their monthly remuneration based on an STD table. The STD will have to be remitted by the employer to the IRB by the 10th of the following month.

For taxpayers who received income other than employment income, the tax liability on that income will have to be settled by six bimonthly instalment payments starting from March the following year.

The IRB will issue a Notice of Instalment Payment (CP 500) stating the amount, due date and number of instalments.

Each instalment must be remitted to the IRB within 30 days from the due date. If the taxpayer is not agreeable to the instalment scheme, he can request for a variation by June 30.

Any balance of tax payable (i.e, total tax payable less STD and instalment payments) must be remitted to the IRB by April 30 (non-business cases) or June 30 (business cases).

Tax payments can be made:

# At the IRB payment counter in Jalan Duta, KL;

# By attaching the cheque to the tax return submitted; or

# Via selected commercial banks appointed by the IRB (the bank in slip must be retained as evidence of payment).

Penalties of up to 15% will be imposed for late payment.

http://biz.thestar.com.my/news/story.asp?f...26&sec=business



This post has been edited by jack2008: Mar 17 2008, 01:12 PM
Saigo
post Mar 17 2008, 09:05 PM

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QUOTE
Foreign source income remitted into Malaysia are exempted from tax.


I have several questions regarding this:

1) I've been getting conflicting answers on the Internet about this particular issue, can people double confirm it to be true? I am currently receiving a combination of US cheques and wire transfers remitted to me from the US via ad sales. Are these foreign-sourced income taxable?

2) Also, I am splitting the money half with my other partner in the sales - how exactly do I go about reporting it to the IRB?
vin_ann
post Mar 18 2008, 12:10 AM

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QUOTE(Saigo @ Mar 17 2008, 09:05 PM)
I have several questions regarding this:

1) I've been getting conflicting answers on the Internet about this particular issue, can people double confirm it to be true? I am currently receiving a combination of US cheques and wire transfers remitted to me from the US via ad sales. Are these foreign-sourced income taxable?

2) Also, I am splitting the money half with my other partner in the sales - how exactly do I go about reporting it to the IRB?
*
1) as long as u can proved it's foreign source income, then it's income exempted when u remit it back to Msia. pls trust the article which publish in the newspaper.

2) partnership account is what u need to do.
kuntaker
post Mar 18 2008, 02:56 PM

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QUOTE(vin_ann @ Mar 18 2008, 12:10 AM)
1) as long as u can proved it's foreign source income, then it's income exempted when u remit it back to Msia. pls trust the article which publish in the newspaper.

2) partnership account is what u need to do.
*
Income receive outside scope of Malaysia is non taxable...
u can check under paragraph 21 schedule 6

2, partnership account?
i think appropriation accont better..
^^

This post has been edited by kuntaker: Mar 18 2008, 03:02 PM
wheimeng
post Mar 19 2008, 09:44 AM

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QUOTE(kuntaker @ Mar 18 2008, 02:56 PM)
Income receive outside scope of Malaysia is non taxable...
u can check under paragraph 21 schedule 6

2, partnership account?
i think appropriation accont better..
^^
*
would you say export business are all now exempted from income tax?

is it for individual only or it applies for business too?

kuntaker
post Mar 19 2008, 04:33 PM

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QUOTE(wheimeng @ Mar 19 2008, 09:44 AM)
would you say export business are all now exempted from income tax?

is it for individual only or it applies for business too?
*
Business 1 different le..if business 1 is consider under business income

for individual , Income derived from outside scope of Malaysia is non taxable,
example u work at Singapore but u bring back to Malaysia


i mean money come from outside lo ..


wheimeng
post Mar 19 2008, 04:47 PM

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coooool....
Saigo
post Mar 19 2008, 08:04 PM

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Ah, thanks for the replies! That seemed to clear up doubts about the exemption.

I don't understand though what you guys meant by partnership account or appropriation account. Are these accounts in the banks or.. are they related to the IRB?
kuntaker
post Mar 19 2008, 08:34 PM

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QUOTE(Saigo @ Mar 19 2008, 08:04 PM)
Ah, thanks for the replies! That seemed to clear up doubts about the exemption.

I don't understand though what you guys meant by partnership account or appropriation account. Are these accounts in the banks or.. are they related to the IRB?
*
erm the partnership account or appropriation account is made by ur own partnership business..
u can see how much profit u gain from ur investment to the partnership ,
becoz partnership is non taxable thats y the income receive by individual will be taxable..^^
Saigo
post Mar 20 2008, 01:05 AM

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QUOTE(kuntaker @ Mar 19 2008, 08:34 PM)
erm the partnership account or appropriation account is made by ur own partnership business..
u can see how much profit u gain from ur investment to the partnership ,
becoz partnership is non taxable thats y the income receive by individual will be taxable..^^
*
But my ad sales currently isn't a business of any kind. Should I start setting up a partnership first before declaring my income?
maxximus
post Mar 20 2008, 02:07 AM

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QUOTE(jack2008 @ Mar 17 2008, 01:11 PM)
Taxable income for individuals, businesses

By LEE VOON SIONG

ALL revenue income derived from a source within Malaysia are subject to tax unless specifically exempted. Foreign source income remitted into Malaysia are exempted from tax. 


http://biz.thestar.com.my/news/story.asp?f...26&sec=business
*
Refer to the above statement, if a person's only income is from investment from oversea, how should the person provide the prove of income to financial institution when come to loan application?

Any sifu can enlighten me icon_question.gif

Thank you notworthy.gif

This post has been edited by maxximus: Mar 20 2008, 02:08 AM
kuntaker
post Mar 20 2008, 05:42 AM

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QUOTE(Saigo @ Mar 20 2008, 01:05 AM)
But my ad sales currently isn't a business of any kind. Should I start setting up a partnership first before declaring my income?
*
but u should know that partnership is not a great thing either ...
if ppl sue u, u lose until really pocket 0!
wat we call as unlimited liability...
this is a risky part..
thats y a lot of ppl willing to open sdn.bhd as there are limited liability..
or in other word , u lose only ur investment money to the company..


Added on March 20, 2008, 5:44 am
QUOTE(maxximus @ Mar 20 2008, 02:07 AM)
Refer to the above statement, if a person's only income is from investment from oversea, how should the person provide the prove of income to financial institution when come to loan application?

Any sifu can enlighten me  icon_question.gif

Thank you  notworthy.gif
*
actually , u no nid to prove de...
if im not wrong , when u do transaction into ur account from overseas , bank negara will know wan...
u think bank negara do ntg?
they hv all ur transaction under ur name wan le..
^^

why wanna take loan?

This post has been edited by kuntaker: Mar 20 2008, 05:44 AM
lifeless_creature
post Mar 20 2008, 05:09 PM

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QUOTE(jack2008 @ Mar 17 2008, 01:11 PM)
Dividend income

The tax treatment will be as follows: 

Normal dividends: Dividends are received net of tax by individual shareholders. The gross amount of the dividend is declared in the tax return. 

A Section 110 tax credit (27%) can be claimed against the income tax suffered on the dividend income. If a resident individual's marginal tax rate is lower than 27%, the excess tax credit can either be refunded or used to set off against the tax payable on other sources of income. 

Tax exempt and foreign dividends: These dividends are exempted from income tax and need not be declared in the tax return. 

Expenses which are deductible against the dividend income are:

# Commission or brokerage fee; 

# Stamp duty on transfer of shares; and 

# Interest on loan obtained to purchase the shares. 
Sorry, I've 1 question regarding this dividend taxation. I've invested in mutual funds and they declared distribution during 2007. I chose to re-invest them and I received the tax voucher. There are several columns in the voucher there, which column is my taxed amount, and which column I should add into my form when filing my borang? THanksss.

p/s: I'd like to claim back my portion of taxed amount, as my tax bracket is small compare to 27/8% ..

This post has been edited by lifeless_creature: Mar 20 2008, 05:12 PM
sode-no-shirayuki
post Mar 26 2008, 03:02 PM

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If i'm working as a permanent staff in company A, yet i'm also a partner in company B, which tax form should i fill in?

And in terms of partnership, all profits gain from it will not be taxable? How about profit sharing? Do i add those figure into personal income tax?


kuntaker
post Mar 26 2008, 06:30 PM

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profit sharing that u earn is taxable..

i think u check lhdn website n see on which form to fill..
^^

SUSDavid83
post Mar 26 2008, 10:45 PM

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This slides I got might be interesting to read for:

P/S: I didn't prepare it. I received it via forwarded email.
cherroy
post Mar 26 2008, 10:52 PM

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QUOTE(sode-no-shirayuki @ Mar 26 2008, 03:02 PM)
If i'm working as a permanent staff in company A, yet i'm also a partner in company B, which tax form should i fill in?

And in terms of partnership, all profits gain from it will not be taxable? How about profit sharing? Do i add those figure into personal income tax?
*
In simple term, all profit and income are taxable, unless stated otherwise like capital appreciation is tax exmpted, FD interest income, bond interest payment etc.
maxximus
post Mar 26 2008, 11:50 PM

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QUOTE(kuntaker @ Mar 20 2008, 05:42 AM)


Added on March 20, 2008, 5:44 am
actually , u no nid to prove de...
if im not wrong , when u do transaction into ur account from overseas , bank negara will know wan...
u think bank negara do ntg?
they hv all ur transaction under ur name wan le..
^^

why wanna take loan?
*
thanks for the info. But normally when apply loan, bank will ask for your 3 months salary slips and EA....... when I told them I no longer working with my previous employer and also not working with any company so can't give them the salary slips, and also my investment is in oversea a/c and is tax exempted, and what I have is only my monthly a/c statement for my investment a/c, which is oversea, and they said will come back to me.... till now no news..... not sure why? hmm.gif

btw, I want to buy property mah biggrin.gif



happy4ever
post Mar 27 2008, 06:27 AM

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QUOTE(Saigo @ Mar 20 2008, 01:05 AM)
But my ad sales currently isn't a business of any kind. Should I start setting up a partnership first before declaring my income?
*
If it isn't a conventional business, then why need to declare? Pocket everything la! thumbup.gif
Otherwise, if you think the Fed government is short of cash, go register a sole proprietary business and start declaring your income earned from ad sales.

QUOTE(sode-no-shirayuki @ Mar 26 2008, 03:02 PM)
If i'm working as a permanent staff in company A, yet i'm also a partner in company B, which tax form should i fill in?

And in terms of partnership, all profits gain from it will not be taxable? How about profit sharing? Do i add those figure into personal income tax?
*
I believe in B form, not BE.
You can state your other source of income (from company A)

When you have your own business, your profit share adds up into your income.
BUT....don't declare all your profits just yet.

You need to add in company expenses first:
1) Meal allowances (yes, even bfast, lunch, dinner, supper. keep all receipts. Even eating out with parents also. You can say its for "dinner with client")

2) Entertainment fees (karaoke, movies, disco, pubs, for "client")

3) Car allowances (petrol, parking, servicing. Car used for your business)

4) Insurance (for yourself, and business assets i.e. notebooks, servers etc)

5) Misc (miscellaneous charges incurred for your business)

Then what is remained after deducting from all the above expenses, will be your taxable income.

This way you enjoy spending first, then taxed on your remainder. Employees like myself gets my pay taxed first before i can use the remainder to spend. Thats the benefit of owning a business.

However, if your taxable business income is low, then it doesn't reflect well on your business, thus difficult to secure a business loan.

QUOTE(maxximus @ Mar 26 2008, 11:50 PM)
thanks for the info. But normally when apply loan, bank will ask for your 3 months salary slips and EA....... when I told them I no longer working with my previous employer and also not working with any company so can't give them the salary slips, and also my investment is in oversea a/c and is tax exempted, and what I have is only my monthly a/c statement for my investment a/c, which is oversea, and they said will come back to me.... till now no news..... not sure why?  hmm.gif

btw, I want to buy property mah  biggrin.gif
*
They have no idea how to valuate your income, which isn't consistent.

The best maybe is to create a sole prop business focusing on foreign investment and declare your income from the returns of such investments. At least when you have proper documented evidences, its easier for them to valuate your risk level.
sode-no-shirayuki
post Mar 27 2008, 11:36 AM

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QUOTE(happy4ever @ Mar 27 2008, 06:27 AM)
I believe in B form, not BE.
You can state your other source of income (from company A)

When you have your own business, your profit share adds up into your income.
BUT....don't declare all your profits just yet.

You need to add in company expenses first:
1) Meal allowances (yes, even bfast, lunch, dinner, supper. keep all receipts. Even eating out with parents also. You can say its for "dinner with client")

2) Entertainment fees (karaoke, movies, disco, pubs, for "client")

3) Car allowances (petrol, parking, servicing. Car used for your business)

4) Insurance (for yourself, and business assets i.e. notebooks, servers etc)

5) Misc (miscellaneous charges incurred for your business)

Then what is remained after deducting from all the above expenses, will be your taxable income.

This way you enjoy spending first, then taxed on your remainder. Employees like myself gets my pay taxed first before i can use the remainder to spend. Thats the benefit of owning a business.

However, if your taxable business income is low, then it doesn't reflect well on your business, thus difficult to secure a business loan.
They have no idea how to valuate your income, which isn't consistent.

*
Thanks for your info. It's much clearer now...
SMILE
post Mar 27 2008, 02:33 PM

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Hi experts out there, if you own a website that you charge ppl when they advertise at your website then this kind of income taxable mar? Let's said for example website like cari or lowyat. Any help? 10s.
cherroy
post Mar 27 2008, 02:38 PM

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QUOTE(SMILE @ Mar 27 2008, 02:33 PM)
Hi experts out there, if you own a website that you charge ppl when they advertise at your website then this kind of income taxable mar? Let's said for example website like cari or lowyat. Any help? 10s.
*
All income are taxable unless stated otherwise. But if your total annual income doesn't exceed the taxable income then no tax, but still it is treated as your taxable income, just fall short of tax requirement.
SMILE
post Mar 27 2008, 04:13 PM

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QUOTE(cherroy @ Mar 27 2008, 02:38 PM)
All income are taxable unless stated otherwise. But if your total annual income doesn't exceed the taxable income then no tax, but still it is treated as your taxable income, just fall short of tax requirement.
*
ic, how much is "doesn't exceed the taxable income"?

what's the tax different if the web owned by me OR owned by a company i registered(and i pay portion of profit to patner)? 10s Cherroy, 10s.
cherroy
post Mar 27 2008, 04:44 PM

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QUOTE(SMILE @ Mar 27 2008, 04:13 PM)
ic, how much is "doesn't exceed the taxable income"?

what's the tax different if the web owned by me OR owned by a company i registered(and i pay portion of profit to patner)? 10s Cherroy, 10s.
*
Normal sole proprietorship or partnership company, all income/profit are belonged to individual one.

But for Sdn. Bhd case then it is different, sdn. bhd. income is company income, not related to individual. There is the distinct difference.

So if the website owned by you, all the profit made under your sole-proprietorship company or partnership company are classified as your income.

But for a sdn bhd one, all profit made is charged under corporate tax level and profit belonged to the company not individual. Unless company declare it as dividend to pay you as a shareholders then only you will be getting the money made.

I am not profession in tax or company tax system, please bare with me if anything wrong about the information.

This post has been edited by cherroy: Mar 27 2008, 04:47 PM
kuntaker
post Mar 27 2008, 11:51 PM

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QUOTE(cherroy @ Mar 27 2008, 02:38 PM)
All income are taxable unless stated otherwise. But if your total annual income doesn't exceed the taxable income then no tax, but still it is treated as your taxable income, just fall short of tax requirement.
*
if after all calculated , still get nil at the end then no nid to pay tax lo

SUSjack2008
post Mar 31 2008, 11:12 AM

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How to compute your income tax

FOR illustration purpose, appended below are the computations showing the tax position of a taxpayer under two scenarios, i.e, under separate and joint assessment:

1. For business and rental income, these income should be reported net of expenses wholly and exclusively incurred in the production of the said income.
Lee Voon Siong

2. If entertainment expenses are incurred with the company's business, a claim for deduction can be made.

However, details such as persons entertained, purpose, matters discussed and the receipts must be available to support the claim when requested.

The amount deductible is restricted to the amount of entertainment allowance received.

3. Taxable dividend is normally received by taxpayer net of tax but for tax reporting, gross dividend must be declared.

The original dividend voucher must be retained to support the tax credit claim. If a loan is used to purchase the shares, the loan interest can be deducted against the gross dividend income.

4. Only donations to approved institutions are allowable. The approval is normally indicated on the donation receipts, which must be kept for verification.

5. For EPF and life insurance claim, a husband and wife can claim up to a maximum of RM6,000 each if they are separately assessed.

Under a joint assessment, the maximum allowed is RM6,000.

6. If a husband and wife are separately assessed, they are allowed to claim up to a maximum of RM5,000 each on medical expenses incurred on their parents.

The maximum amount claimable is restricted to RM5,000 under a joint assessment.

7. A tax rebate is given if the taxpayer's chargeable income does not exceed RM35,000.

If the tax rebate exceeds the actual tax payable, the amount of tax rebate deductible is restricted to the actual tax charged.

8. From the above tax computations, it can be noted that the total tax payable is substantially lower under a separate assessment.

However, depending on their circumstances, married couples are advised to do their computations before deciding whether it is more beneficial to be separately or jointly assessed.

In view of the deadline April 30 for non-business cases and June 30 for business cases, taxpayers are advised to submit their tax returns early to avoid the last minute rush.

Penalties will be imposed for late submission of tax returns.

http://biz.thestar.com.my/news/story.asp?f...76&sec=business
kuntaker
post Apr 1 2008, 05:53 AM

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this one is today Star paper 1 right?
saw at the bsn section there...
by LEE VOON SIONG
Saigo
post Apr 1 2008, 03:18 PM

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Any idea if there are tax enquiry counters in shopping malls yet?
happy4ever
post Apr 1 2008, 06:05 PM

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QUOTE(Saigo @ Apr 1 2008, 03:18 PM)
Any idea if there are tax enquiry counters in shopping malls yet?
*
I've seen one in Summit USJ ground floor, last sunday. Otherwise, just go to LHDN office in Kelana Jaya, Menara LG tower 1

This post has been edited by happy4ever: Apr 1 2008, 06:05 PM
4Rings
post Apr 1 2008, 06:35 PM

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Is income derived from foreign investment taxable?
maxximus
post Apr 1 2008, 07:00 PM

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QUOTE(4Rings @ Apr 1 2008, 06:35 PM)
Is income derived from foreign investment taxable?
*
Bro if I am not mistaken, refer to 1st post it is not taxable.
Saigo
post Apr 1 2008, 08:37 PM

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QUOTE(happy4ever @ Apr 1 2008, 06:05 PM)
I've seen one in Summit USJ ground floor, last sunday. Otherwise, just go to LHDN office in Kelana Jaya, Menara LG tower 1
*
Ah, I see. Thanks, that helps a lot!
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post Apr 1 2008, 09:26 PM

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QUOTE(4Rings @ Apr 1 2008, 06:35 PM)
Is income derived from foreign investment taxable?
*
foreign income received from outside scope of Malaysia is non taxable le..
like u earn money in SG then bring to johor..
tak boleh kena tax under Malaysia..
but mayb tax under Sg

4Rings
post Apr 2 2008, 06:30 AM

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QUOTE(kuntaker @ Apr 1 2008, 09:26 PM)
foreign  income received from outside scope of Malaysia is non taxable le..
like u earn money in SG then bring to johor..
tak boleh kena tax under Malaysia..
but mayb tax under Sg
*
Does that means irrespective source of income?
kuntaker
post Apr 2 2008, 07:52 AM

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suppose though..
but forex is dif thing..

hitokiri_maniac
post Apr 2 2008, 02:12 PM

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if forex.. how about tax??.. different method or no tax?
4Rings
post Apr 2 2008, 06:42 PM

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QUOTE(kuntaker @ Apr 2 2008, 07:52 AM)
suppose though..
but forex is dif thing..
*
Why is it different? It is also investment ma.
kuntaker
post Apr 2 2008, 06:54 PM

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forex dif le..
i ask tax agent bfore , they say taxable wor..

4Rings
post Apr 2 2008, 07:59 PM

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Like that no meaning la. I want to make forex my main source of income.
How to avoid paying tax if like that?
achcmy
post Apr 2 2008, 08:25 PM

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I work as engineer in Malaysia. I'm Malaysian but my company is in UK and have no presence in Malaysia. No EPF or SOCSO. Do i need to pay tax?


hitokiri_maniac
post Apr 2 2008, 10:26 PM

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QUOTE(kuntaker @ Apr 2 2008, 06:54 PM)
forex dif le..
i ask tax agent bfore , they say taxable wor..
*
how much the tax from forex...?? rclxub.gif rclxub.gif
steve883
post Apr 3 2008, 09:14 PM

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I've submitted a question under separate post related to tax on MLM income but didn't get much useful reply. Now I've seen this tread with all the tax experts and hope someone will help me.

Could someone enlighten me about tax submission for income derived from direct selling. Is it under business or individual? What are the deductibles? Thanks
cherroy
post Apr 3 2008, 09:23 PM

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QUOTE(steve883 @ Apr 3 2008, 09:14 PM)
I've submitted a question under separate post related to tax on MLM income but didn't get much useful reply. Now I've seen this tread with all the tax experts and hope someone will help me.

Could someone enlighten me about tax submission for income derived from direct selling. Is it under business or individual? What are the deductibles? Thanks
*
I am not tax expert nor profession in it, but I think it should under individual taxable income.

Only you form a company to do the direct selling then it is under company. If it is individual then it belonged to individual. As simple as that.
steve883
post Apr 3 2008, 09:52 PM

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Thanks for the quick reply. If under individual, could I deduct for fuel, makan, etc from the income derived since MLM do a lot of traveling, etc
Ken
post Apr 3 2008, 10:35 PM

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can MLM categorised same level as insurance agent ? if yes then can waive those petrol etc
cherroy
post Apr 4 2008, 11:14 AM

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QUOTE(steve883 @ Apr 3 2008, 09:52 PM)
Thanks for the quick reply. If under individual, could I deduct for fuel, makan, etc from the income derived since MLM do a lot of traveling, etc
*
No, if it is under individual income, then no, as you have personal tax relief already.
But if you form company to do it then yes, gross profit (after deducted expenses) is taxable.
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post Apr 4 2008, 11:25 AM

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QUOTE(hitokiri_maniac @ Apr 2 2008, 10:26 PM)
how much the tax from forex...?? rclxub.gif  rclxub.gif
*
Here's a reply I got from LHDN this year (2008), but it did not mention on forex. hmm.gif

QUOTE
2..Sukacita dimaklumkan mulai daripada Tahun Taksiran 2004 pendapatan bagi mana-mana orang, selain daripada syarikat pemastautin yang menjalankan perniagaan perbankan,insuran atau pengangkutan air atau udara, bagi tahun asas yang didapati daripada sumber di luar Malaysia tidak akan dikenakan cukai apabila ianya diremit Malaysia. Pendapatan yang diperolehi oleh tuan/puan  seperti faedah, dividen keuntungan modal ke atas jualan saham adalah tidak dikenakan cukai.
kkh
post Apr 4 2008, 11:48 AM

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How about part-time incomes that are received in cheques? A portion of the incomes are for accommodation, meal allowance, and transportation apart from the main fee. Are they taxable since the allowances are received in a lump sum together?
cherroy
post Apr 4 2008, 02:56 PM

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QUOTE(cute_boboi @ Apr 4 2008, 11:25 AM)
Here's a reply I got from LHDN this year (2008), but it did not mention on forex.  hmm.gif
*
Capital gain is tax exempted. So if you gain on forex by investment then it is considered capital gain.


QUOTE(kkh @ Apr 4 2008, 11:48 AM)
How about part-time incomes that are received in cheques? A portion of the incomes are for accommodation, meal allowance, and transportation apart from the main fee. Are they taxable since the allowances are received in a lump sum together?
*
All income are considered taxable unless stated otherwise or one can prove the allowances are essential to carry out your job then only can be waived.
4Rings
post Apr 4 2008, 03:52 PM

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QUOTE(steve883 @ Apr 3 2008, 09:52 PM)
Thanks for the quick reply. If under individual, could I deduct for fuel, makan, etc from the income derived since MLM do a lot of traveling, etc
*
No, unless you register a sole prop company.


Added on April 4, 2008, 3:53 pm
QUOTE(kkh @ Apr 4 2008, 11:48 AM)
How about part-time incomes that are received in cheques? A portion of the incomes are for accommodation, meal allowance, and transportation apart from the main fee. Are they taxable since the allowances are received in a lump sum together?
*
Those are your income.

This post has been edited by 4Rings: Apr 4 2008, 03:53 PM
hitokiri_maniac
post Apr 4 2008, 04:49 PM

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QUOTE(cherroy @ Apr 4 2008, 02:56 PM)
Capital gain is tax exempted. So if you gain on forex by investment then it is considered capital gain.
All income are considered taxable unless stated otherwise or one can prove the allowances are essential to carry out your job then only can be waived.
*
so if a person wiretransfer 1 million usd profit from forex trading into malaysia account bank.. he will not be tax for that??.. wow... seriously??i thought tax ppl want a slice of pie of it also... thumbup.gif thumbup.gif

This post has been edited by hitokiri_maniac: Apr 4 2008, 04:52 PM
cherroy
post Apr 4 2008, 05:35 PM

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QUOTE(hitokiri_maniac @ Apr 4 2008, 04:49 PM)
so if a person wiretransfer 1 million usd profit from forex trading  into malaysia account bank.. he will not be tax for that??.. wow... seriously??i thought tax ppl want a slice of pie of it also... thumbup.gif  thumbup.gif
*
Inland revenue board will query why the person wire-transfer you in the first place. Not as simple as that.

For capital gain, you need to keep properly your transaction documentation, slips, contract noted or any other documentation proof that show you are actually gain money through capital appreciation.
hitokiri_maniac
post Apr 4 2008, 08:56 PM

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QUOTE(cherroy @ Apr 4 2008, 05:35 PM)
Inland revenue board will query why the person wire-transfer you in the first place. Not as simple as that.

For capital gain, you need to keep properly your transaction documentation, slips, contract noted or any other documentation proof that show you are actually gain money through capital appreciation.
*
oo ic.. juz query only... i thought they will hold ur moneyy until they satisfy with ur answerrr... doh.gif doh.gif
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post Apr 4 2008, 09:05 PM

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may i ask, if company provide free parking lot for u to come to work by renting a parking lot from a hotel, should the company put the amount spent (may be 1200/yr) in employee EA form as part of their income n thus employee hav to pay tax for tht 1200/yr amount?
cherroy
post Apr 5 2008, 11:10 AM

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QUOTE(yewkhuay @ Apr 4 2008, 09:05 PM)
may i ask, if company provide free parking lot for u to come to work by renting a parking lot from a hotel, should the company put the amount spent (may be 1200/yr) in employee EA form as part of their income n thus employee hav to pay tax for tht 1200/yr amount?
*
This fall into the category of Benefit in Kind which is taxable also. Even company provides a driver or car for you, it is considered as Benefit in Kind also.
cute_boboi
post Apr 5 2008, 11:04 PM

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QUOTE(cherroy @ Apr 5 2008, 11:10 AM)
This fall into the category of Benefit in Kind which is taxable also. Even company provides a driver or car for you, it is considered as Benefit in Kind also.
*
Correct. If your company provides you:
1) Company house
2) Company car + Ah-mad
3) Gardener
4) Maids
5) covered handphone bills
6) streamyx at home
7) covered estimated tax
etc.

or income from house rental... all these need to declare in section C (B/BE form)

But, you know i know, this is M'sia. wink.gif Tidak apa. M'sia Boleh... as long as you don't get audited by LHDN sweat.gif sweat.gif sweat.gif

keith6668
post Apr 10 2008, 12:21 AM

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For joint assessment for husband with non-working wife - need to submit only one or separate BE form?

In this case, the wife is not working but has an income tax file because she has previously worked before deciding to be a full time mother. So, need to fill only one BE form, or separate BE form?

This post has been edited by keith6668: Apr 10 2008, 12:55 AM
TaxSingam
post Apr 10 2008, 09:04 AM

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This is a reply to this board http://forum.lowyat.net/topic/653505/+40 since I was kinda scared looking at some of the replies here.
I am a tax professional and I need to stress that you guys should seek advice from a reputable source before making any decisions.

Here are some of the issues raised on this page alone.
1. Tax implication on Forex Income.
Capital Gains is exempted but don't be quick to classify just yet what is capital and what is revenue. Even an extreme example of capital gains such as a sale property could very easily be classified as revenue income if it meets certain simple criteria like the frequency of the sale and your intent prior to the purchase. Yes! Laws can be tricky

2. MLM , Insurance or other commission based income
The moment you are running such an operation, it immediately implies you are running a business. Whether you are registered sole-proprietor or not does not matter. You can claim pretty much any expense you can justifiably argue that that expense was essential to your 'business' and spending that $$ does bring about more revenue or without it means less revenue.

There were also other questions like Joint assessment, benefit in kind, etc I wont be able cover all of them here but I suggest if its individual income, download your copy of www.taxsaya.com It's FREE! use to to compute your taxes and plan some savings.

Feel free to discuss any taxes and finance issue on my blog at taxsingam.blogspot.com

This post has been edited by TaxSingam: Apr 10 2008, 09:05 AM
kuntaker
post Apr 11 2008, 08:12 AM

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QUOTE(keith6668 @ Apr 10 2008, 01:21 AM)
For joint assessment for husband with non-working wife - need to submit only one or separate BE form?

In this case, the wife is not working but has an income tax file because she has previously worked before deciding to be a full time mother. So, need to fill only one BE form, or separate BE form?
*
if ur wife not working , u can ask ur wife to elect for joint assesment with u..
BE form
researcher
post Apr 11 2008, 08:57 AM

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Hi there,

can someone clear me that do employee share option scheme (ESOS) taxable because it already stated in my EA form.

if taxable, can i pay the tax maybe like an installment for 3 years coz the amount is quite high. let say the tax is 10k, can i pay 3k first for this year and the others for the following years. Can i apply for that?

thank you.
4Rings
post Apr 11 2008, 09:09 AM

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QUOTE(researcher @ Apr 11 2008, 08:57 AM)
Hi there,

can someone clear me that do employee share option scheme (ESOS) taxable because it already stated in my EA form.

if taxable, can i pay the tax maybe like an installment for 3 years coz the amount is quite high. let say the tax is 10k, can i pay 3k first for this year and the others for the following years. Can i apply for that?

thank you.
*
IRB normally gives us 6 installments in 6 months. This is what I am paying for the past few years.
TaxSingam
post Apr 11 2008, 04:15 PM

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I am sure that since the tax season is now here, everybody is frantically looking for their calculator and notepad trying to make sense of the BE Form.

Personally, language is an issue for me as some things don't translate well in Malay from English. Secondly, there is the issue of doubt whether I have done all I can to ensure I am not paying extra tax.

It's only days away to your last day for filing on 30th April 2008 , so don't miss your chance.

Download your free copy from user posted image

Regards,

TaxSingam

cozuni
post Apr 15 2008, 07:10 PM

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QUOTE(achcmy @ Apr 2 2008, 08:25 PM)
I work as engineer in Malaysia. I'm Malaysian but my company is in UK and have no presence in Malaysia. No EPF or SOCSO. Do i need to pay tax?
*
i guess you are taxable as you are working in Malaysia and also earning in malaysia.
synex
post Apr 16 2008, 09:30 AM

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One question..

i owned a company for 1 year ++ and it is a trading..
and it is only a part time business... business volume not big... so do i need to register under the LHDN and taxable?
please help..


This post has been edited by synex: Apr 16 2008, 09:32 AM
TaxSingam
post Apr 16 2008, 04:00 PM

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QUOTE(achcmy @ Apr 2 2008, 08:25 PM)
I work as engineer in Malaysia. I'm Malaysian but my company is in UK and have no presence in Malaysia. No EPF or SOCSO. Do i need to pay tax?
*
How do receive your payment (from and to) ?
How is the company operating here ?
g00glesYYl
post Apr 16 2008, 08:59 PM

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QUOTE(TaxSingam @ Apr 11 2008, 05:15 PM)
I am sure that since the tax season is now here, everybody is frantically looking for their calculator and notepad trying to make sense of the BE Form.

Personally, language is an issue for me as some things don't translate well in Malay from English. Secondly, there is the issue of doubt whether I have done all I can to ensure I am not paying extra tax.

It's only days away to your last day for filing on 30th April 2008 , so don't miss your chance.

Download your free copy from user posted image

Regards,

TaxSingam
*
i am using the so call free taxing system. And, i found out that, it is suck~~~

The variables was not reset as per what we key in. i strongly recommend you to call your develops to fix those bugs.

And please, use the word "BETA" as your system is suck laugh.gif Or, give us well-tested program however it is free, please.

and one more thing, hire some designer to redesign the interface. It is not good enough, like those pirated software only. Use professional color like grey/black/white if you do not have creative idea.

This post has been edited by g00glesYYl: Apr 16 2008, 09:01 PM
scrubiee
post Apr 17 2008, 12:32 AM

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just wondering what kind of entertainment expenses can be tax exempted? If lets say i book a badminton court and i have the receipt can it be tax exempted?

Quoted from the 1st post:
"Certain expenses are allowable against the employment income such as professional membership fees, and travelling and entertainment expenses. The onus is on the employee to prove to the Internal Revenue Board that the expenses were incurred for business purposes. "
SUSDavid83
post Apr 17 2008, 08:41 AM

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Quick e-refund by IRB

PETALING JAYA: Refunds by the Inland Revenue Board will automatically be banked into taxpayers' bank accounts under e-Refund.

IRB chief executive officer Datuk Hasmah Abdullah said that under e-Refund, those who use e-Filing to submit their tax returns, would be able to get their refunds within a month.

"We are now working on the specifications of the e-Refund software and looking at the security of this system so that it can work effectively in refunding the money.

"The new system will likely be implemented for 2008 returns," she told The Star.

Hasmah said this was among the reasons why IRB has been asking taxpayers to submit details of their bank account numbers in the tax returns.

A total of 874,814 taxpayers e-Filed their tax returns last year, compared with 186,343 in 2006.

Hasmah said that they were expecting more than a million taxpayers to e-File their returns this year, as e-Filing system had been made more user-friendly.

She said currently refund cheques are prepared and mailed to the taxpayer and the whole process may take five to six weeks, as the volume involved is large.

Taxpayers have expressed their unhappiness with the current refund system. Among the grouses were the delay in processing refunds, refund cheques in the mail getting lost and taxpayers' contribution not updated.

On the filing of the 2007 tax returns, Hasmah said most of the IRB branches nationwide would be operating from 8am to 10pm until the deadline on April 30.

"If there is a crowd, IRB will also extend its service time to even midnight," she added.

The e-Filing system, she said, was working well without any hitch.

She urged taxpayers to file their returns early and not wait till the very last minute.

For more information on e-Filing, visit www.hasil.org.my or call 1-300-88-3010.

URL: http://thestar.com.my/news/story.asp?file=...0996&sec=nation
g00glesYYl
post Apr 17 2008, 09:16 AM

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My income for last year is RM28000.

Do i need to submit any tax form?
Yukirin
post Apr 17 2008, 09:39 AM

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QUOTE(g00glesYYl @ Apr 17 2008, 09:16 AM)
My income for last year is RM28000.

Do i need to submit any tax form?
*
If thats your annual salary income then you will need to submit it as it's taxable. Only annual income below 20k is not taxable. Correct me if I'm wrong(I still very green in tax legal field). However if that income is inclusive your own business income, then it will be different story.
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post Apr 17 2008, 09:16 PM

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I submitted my wife's and mine Borang BE last month (March) by hand and today got 2 cheques from IRB smile.gif

IRB personnel did asked me to do e-filling but i said no lah i want do old fashion way and them stamping received on my photostat copy. Looks like submitting earlier is better as we get our money back faster.
livingmonolith
post Apr 17 2008, 09:34 PM

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man, i only submitted the forms last week, guess it'll take a long time before i receive my refund.

too bad i dropped off my form before going to register my e-filing, i didn't know they have computers ready there for you to do your e-filing. i downloaded the form and filled them up, then took a day's leave just to go there and submit, i was in a rush to go outstation and thought dropping off my be form is the easiest way.

wink.gif
eses
post Apr 18 2008, 02:04 PM

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question
let say i just won 100k rm
im not married,just finished my studies,still stay with my parents
will that be considered taxable?if yes how many percent would it be from that 100k?
thanks
gunh
post Apr 18 2008, 03:13 PM

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below 24000 per annum not required.



QUOTE(Yukirin @ Apr 17 2008, 09:39 AM)
If thats your annual salary income then you will need to submit it as it's taxable. Only annual income below 20k is not taxable. Correct me if I'm wrong(I still very green in tax legal field). However if that income is inclusive your own business income, then it will be different story.
*

Added on April 18, 2008, 3:14 pmsounds efficient... which branch is that???

mine 2006 refund still din get yet...



QUOTE(Gen-X @ Apr 17 2008, 09:16 PM)
I submitted my wife's and mine Borang BE last month (March) by hand and today got 2 cheques from IRB smile.gif

IRB personnel did asked me to do e-filling but i said no lah i want do old  fashion way and them stamping received on my photostat copy. Looks like submitting earlier is better as we get our money back faster.
*
This post has been edited by gunh: Apr 18 2008, 03:14 PM
SUSDavid83
post Apr 19 2008, 08:32 AM

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Completed my e-filing yesterday and it is fast at LHDN office.
legiwei
post Apr 19 2008, 06:12 PM

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QUOTE(eses @ Apr 18 2008, 02:04 PM)
question
let say i just won 100k rm
im not married,just finished my studies,still stay with my parents
will that be considered taxable?if yes how many percent would it be from that 100k?
thanks
*
You said you've won rm100k, let's say from lottery. This is a winfall gain, it is not income hence not taxable.
SUSDavid83
post Apr 19 2008, 09:33 PM

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I'm wondering on what's difference between:

Insurans nyawa dan KWSP (TERHAD 6,000)
Insurans pendidikan dan perubatan (TERHAD 3,000)

From my intepretation, it's going to be between LIFE insurance and MEDICAL insurance. If I'm having an investment-linked policy which includes a medial card, how? How about personal accident policy? Would it be able to be included in "tuntutan pelepasan"?

Thank you.
legiwei
post Apr 20 2008, 01:30 AM

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You're absolutely right, the distinction is life and medical insurance as both are different policy. However, alot of life insurance comes with investment linked plan which is stated by you, hence, only the premium on that portion is not allowed as a relief, only the life term portion is.

As for the medical insurance, you will have to purchase a medical insurance to enjoy that personal relief.

Personal accident is neither life nor medical so it does not qualify for a relief.
Trevor Keegan
post Apr 20 2008, 09:11 AM

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hi,

QUOTE
The variables was not reset as per what we key in. i strongly recommend you to call your develops to fix those bugs.
Thanks for the feedback, it would be helpful if you would let us know exactly what the problems are that you are facing.

QUOTE
and one more thing, hire some designer to redesign the interface. It is not good enough, like those pirated software only. Use professional color like grey/black/white if you do not have creative idea.
*
Please let me know what sort of ideas you have and we can look at it for next year.

Regards
Trevor Keegan

TaxSingam
post Apr 20 2008, 08:32 PM

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QUOTE(g00glesYYl @ Apr 16 2008, 08:59 PM)
i am using the so call free taxing system. And, i found out that, it is suck~~~

The variables was not reset as per what we key in. i strongly recommend you to call your develops to fix those bugs.

And please, use the word "BETA" as your system is suck  laugh.gif Or, give us well-tested program however it is free, please.

and one more thing, hire some designer to redesign the interface. It is not good enough, like those pirated software only. Use professional color like grey/black/white if you do not have creative idea.
*
We believe that we have done a pretty good job of delivering a FREE service to the community. If you have any issues with the software , please feel free to post them on the forum ( forum.taxsaya.com) and not resort to general statements which would not help the developers to iron out any issues that may persist.

As of the interface, the software was designed NOT to be intimidating with SERIOUS colours like black/white/grey. We want everyone to have a good experience with their tax. We have tried to make tax as fun, exciting and interactive as possible.

Again, we mean well to the public and if anyone wishes to highlight certain issues, please feel free to visit the forum at forum.taxsaya.com

This post has been edited by TaxSingam: Apr 20 2008, 08:34 PM
lostasylum
post Apr 27 2008, 07:36 PM

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QUOTE(cherroy @ Mar 27 2008, 04:44 PM)
Normal sole proprietorship or partnership company, all income/profit are belonged to individual one.

But for Sdn. Bhd case then it is different, sdn. bhd. income is company income, not related to individual. There is the distinct difference.

So if the website owned by you, all the profit made under your sole-proprietorship company or partnership company are classified as your income.

But for a sdn bhd one, all profit made is charged under corporate tax level and profit belonged to the company not individual. Unless company declare it as dividend to pay you as a shareholders then only you will be getting the money made.

I am not profession in tax or company tax system, please bare with me if anything wrong about the information.
*
hhhmm... so in that case, if you're a sole proprietorship company, do you fill in borang B or borang BE (dengan punca pendapatan)?
Trevor Keegan
post Apr 28 2008, 10:18 AM

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QUOTE(lostasylum @ Apr 27 2008, 07:36 PM)
hhhmm... so in that case, if you're a sole proprietorship company, do you fill in borang B or borang BE (dengan punca pendapatan)?
*
Hi,

If you are Sole Proprietor then you will fill in the the Borang B (which is not due until the end of June).

Regards
Trevor Keegan
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clngu
post Apr 28 2008, 10:26 AM

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tonight have to go LHDN to submit my form
Trevor Keegan
post Apr 28 2008, 10:31 AM

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QUOTE(clngu @ Apr 28 2008, 10:26 AM)
tonight have to go LHDN to submit my form
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Hi,

Why not try the e-Filing....then you do not have to go the LHDNM wink.gif

Regards
Trevor Keegan
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mlpk
post Apr 28 2008, 04:40 PM

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Regarding the efiling, do we need to submit the dividen voucher,ea form,insurance,accounts or any other documentation to them or no need?

how about the signature part, how do we sign on efiling ?

what programs or tools do we need? adobe reader,scanner to scan the document etc
b00n
post Apr 28 2008, 06:02 PM

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QUOTE(mlpk @ Apr 28 2008, 04:40 PM)
Regarding the efiling, do we need to submit the dividen voucher,ea form,insurance,accounts  or any other documentation to them or no need?

how about the signature part, how do we sign on efiling ?

what programs or tools do we need? adobe reader,scanner to scan the document etc
*

You do not need to submit anything besides filling up the forms online. But you have to keep those related (like what you mentioned above) for 7 years from your submission.
i.e. if one fine day they decided to knock on your door, you'll need to provide those documents for their investigation.

Trevor Keegan
post Apr 28 2008, 06:09 PM

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Hi

QUOTE(mlpk @ Apr 28 2008, 04:40 PM)
Regarding the efiling, do we need to submit the dividen voucher,ea form,insurance,accounts  or any other documentation to them or no need?

If you have a refund case, then you are required to complete the HK-3 and take this along with the dividend vouchers to the IRB branch. If you are not getting a refund that you do not need to do this.

With regards to the other documents, these are things that you must keep. If you get yourself a copy of TAXSAYA, the paid version will identify the documents that you need to keep for Tax Audit purposes, and will prepare the necessary supporting documentation

QUOTE
how about the signature part, how do we sign on efiling ?

This is done using the digital certificate, which replaces the manual filing. All you have to do is press the Tandatangan button on the last page of the e-Filing. Please also ensure that you print the e-Borang for your future reference.

QUOTE
what programs or tools do we need? adobe reader,scanner to scan the document etc

If you are using e-Filing you just need a browser + your PIN Number.
I would suggest though that you download a FREE copy of TAXSAYA from www.taxsaya.com

Regards
Trevor Keegan
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MSA
post Apr 29 2008, 02:49 PM

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Hey i wanna ask something.

There is a sudden dispute of income tax in the whole office due to our new Financial Manager. Most of the staff in the company, the company gives us company car and use. That includes petrol and other travelling claims.

Are these claims taxable ? and what about vehicle are they taxable as well. Cuz i've noticed that my EA form they included our vehicle and we have to pay tax for those as well ?

If those are taxable it's kind crap that we're getting nothing out of it but getting taxed in return ? Should it be fair if at least those claims taxable should entitle for EPF benifit as well ?



This post has been edited by MSA: Apr 29 2008, 02:51 PM
TaxSingam
post Apr 29 2008, 04:12 PM

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BENEFIT IN KIND

USE OF CAR
The use of a company car is deemed as a benefit in kind to you. Yes, unfortunately it is taxable and there is nothing much you can do about it. The alternative to this could be even more scarier. You could claim an allowance for the use if you own car. An allowance which is fixed and could be used to pay for the car itself. This FULL sum which is normally MUCH higher than your benefit in kind is taxable.

What you could do to avoid this is using a company car which is stored in the company's premise after working hours. In that instance, there is no PRIVATE use and thus the company would not be charging a Benefit in Kind on your EA Form.

Petrol & Traveling Claims
If they are CLAIMS ( ie. payments that are being reimbursed from actual receipts ), these claims are not taxable.
If your company pays you a fixed sum of allowance which you use to pay for your claims (receipts with you and not submitted to the office) then you could try to offset these amounts.
Please refer to the "traveling expense" under EXPENSE in TAXSAYA

This post has been edited by TaxSingam: Apr 29 2008, 04:14 PM
MSA
post Apr 29 2008, 04:23 PM

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QUOTE(TaxSingam @ Apr 29 2008, 04:12 PM)
BENEFIT IN KIND

USE OF CAR
The use of a company car is deemed as a benefit in kind to you. Yes, unfortunately it is taxable and there is nothing much you can do about it. The alternative to this could be even more scarier. You could claim an allowance for the use if you own car. An allowance which is fixed and could be used to pay for the car itself. This FULL sum which is normally MUCH higher than your benefit in kind is taxable.

What you could do to avoid this is using a company car which is stored in the company's premise after working hours. In that instance, there is no PRIVATE use and thus the company would not be charging a Benefit in Kind on your EA Form.

Petrol & Traveling Claims
If they are CLAIMS ( ie. payments that are being reimbursed from actual receipts ), these claims are not taxable.
If your company pays you a fixed sum of allowance which you use to pay for your claims (receipts with you and not submitted to the office) then you could try to offset these amounts.
Please refer to the "traveling expense" under EXPENSE in TAXSAYA
*
Good day,

The vehicle thing have caused everyone in my office so much controversy because in the past we put that taxable and it have been like that for 8 years sweat.gif All the sudden change of a new Finance Manager have caused quite some distress. But what about EPF. It's sorta weird that we have to tax our company car but we don't get EPF benefit cry.gif

But anyway there's nothing much i can do about it cuz 2morrow is the last day shocking.gif shocking.gif


TaxSingam
post Apr 29 2008, 04:38 PM

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EPF law only covers wages and actual cash payments. sad.gif
MSA
post Apr 29 2008, 05:52 PM

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QUOTE(TaxSingam @ Apr 29 2008, 04:38 PM)
EPF law only covers wages and actual cash payments. sad.gif
*
moneyflies.gif moneyflies.gif moneyflies.gif moneyflies.gif

Sigh ... Next time i tell my boss ... I'll just put my car here when work finish rclxms.gif
jackie
post Apr 29 2008, 09:46 PM

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Hi. I got this EPF Deduction from e-mail (Blue text below). May I know how this work. As we could see the EPF + Life Insurance is total of RM6000 only. My EPF is higher than this amount. Thank you.

Contributions to the employees Provident Fund (EPF) by employers are tax-exempt for the employees.

To reduce your taxable income , ask your employer to reduce your EPF monthly salary but increase your EPF contributions by the same amount.

Tax Deduction :
The deductible amount from your taxable income is dependent on the arrangement between you and your employer.

For Mr A : Mr A agrees to takle monthly pay cut of RM 1000 for an equivalent increase in his EPF contributions by his employer.At the end of the year , he receives an additional RM 12000 in his pension fund but his taxable income is reduced by the same amount.

The tax saving that he makes is RM 2880 ( RM12000@24%)

cherroy
post Apr 29 2008, 10:10 PM

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QUOTE(jackie @ Apr 29 2008, 09:46 PM)
Hi. I got this EPF Deduction from e-mail (Blue text below). May I know how this work. As we could see the EPF + Life Insurance is total of RM6000 only. My EPF is higher than this amount. Thank you.

Contributions to the employees Provident Fund (EPF) by employers are tax-exempt for the employees.

To reduce your taxable income , ask your employer to reduce your EPF monthly salary but increase your EPF contributions by the same amount.

Tax Deduction :
    The deductible amount from your taxable income is dependent on the arrangement between you and your employer.

For Mr A : Mr A agrees to takle monthly pay cut of RM 1000 for an equivalent increase in his EPF contributions by his employer.At the end of the year , he receives an additional RM 12000 in his pension fund but his taxable income is reduced by the same amount.

The tax saving that he makes is RM 2880 ( RM12000@24%)

*
You can't exceed the limit amount set (Rm6000) for the tax relief.

What the blue colour statement, yes, contribution of EPF is tax exempted.

Eg. When you are earning 3K/month, you are actually earning 3K + employer's EPF contribution. <-- that's what your blue colour statement meant tax exempted.

But in your taxable income you reported is 3k only. So when you pension time, you withdraw the EPF money (employee's contribution part) then you are withdrawing your previous earning which is tax exempted.

Unless you are nearing pension and eligible for the EPF withdrawal, for normal people, it takes 10, 20 or more years before they can see the benefit of the tax exemption.
I do think it is a loop holes. But wait, if not mistaken EPF got restriction how much EPF (in term of % of your salary) can be contributed.
jackie
post Apr 29 2008, 10:21 PM

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Max can reduce RM6k. Next year really have to hire someone to access my tax. Every year getting higher and higher. Don't want to think about it any more. Just pay the balance. Haha.

Thank you.
adrianocy
post Apr 30 2008, 04:35 PM

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may i know when is da last day we shall pay the tax?
Trevor Keegan
post Apr 30 2008, 04:44 PM

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QUOTE(adrianocy @ Apr 30 2008, 04:35 PM)
may i know when is da last day we shall pay the tax?
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Hi,

If you have business Income then the last day is 30 June 2008
If you are only a salary earner then the last day is today.

Regards
Trevor Keegan
www.taxsaya.com
Malaysia's First FREE Multi-Lingual Tax Computation Software
sode-no-shirayuki
post May 9 2008, 03:12 PM

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Am currently facing a problem while paying my income tax via cimb. This error message pop out " Cukai No / Tax No is invalid" once i click submit. I've double checked my tax no (OG2036xxxxxxx) already, and it's correct.

Anyone know what's the reason behind this?
waeguk
post May 9 2008, 06:58 PM

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Thought was May last few years, they extended 1 month?


QUOTE(Trevor Keegan @ Apr 30 2008, 04:44 PM)
Hi,

If you have business Income then the last day is 30 June 2008
If you are only a salary earner then the last day is today.

Regards
Trevor Keegan
www.taxsaya.com
Malaysia's First FREE Multi-Lingual Tax Computation Software
*
SUSDavid83
post May 18 2008, 11:02 PM

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One observation on Self Relief of RM 8000. This figure has been there since when?

Shouldn't it should be reviewed since the price of essential goods are increasing annually?

RM 8000 per year translated to roughly RM 667 per month. How an individual could survive in today's world with that figure.

What you guys think on the revision of the self relief (Individu dan saudara tanggungan)? Perhaps to RM 10k, 12k or even higher.
keith_hjinhoh
post May 18 2008, 11:12 PM

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QUOTE(David83 @ May 18 2008, 11:02 PM)
One observation on Self Relief of RM 8000. This figure has been there since when?

Shouldn't it should be reviewed since the price of essential goods are increasing annually?

RM 8000 per year translated to roughly RM 667 per month. How an individual could survive in today's world with that figure.

What you guys think on the revision of the self relief (Individu dan saudara tanggungan)? Perhaps to RM 10k, 12k or even higher.
*
FYI, Self relief only reviewed about every 10 years or so..... So.... sad.gif

This post has been edited by keith_hjinhoh: May 19 2008, 01:01 AM
SUSDavid83
post May 18 2008, 11:20 PM

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QUOTE(keith_hjinhoh @ May 18 2008, 11:12 PM)
FYI,  Self relief only relieved once every 3-5 years.... So.... sad.gif
*
I'm talking about "Individu dan saudara tanggungan" of RM 8k. It only relieves once every 3-5 years? Not other kinds of relief like computer purchase.

Sorry I'm new in tax.


tzeyin
post May 18 2008, 11:30 PM

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QUOTE(keith_hjinhoh @ May 19 2008, 12:12 AM)
FYI,  Self relief only relieved once every 3-5 years.... So.... sad.gif
*
no offend, hav u filed tax b4?

personal relief is every yr. and yess, 8K is ridiculous.
keith_hjinhoh
post May 19 2008, 01:00 AM

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QUOTE(David83 @ May 18 2008, 11:20 PM)
I'm talking about "Individu dan saudara tanggungan" of RM 8k. It only relieves once every 3-5 years? Not other kinds of relief like computer purchase.

Sorry I'm new in tax.
*
I mean reviewed..

The last time reviewed was year 1999 where the personal relief upgrade from 5000 to 8000.

It's almost 10 years.
penangmee
post May 19 2008, 11:46 AM

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QUOTE(keith_hjinhoh @ May 19 2008, 01:00 AM)
I mean reviewed..

The last time reviewed was year 1999 where the personal relief upgrade from 5000 to 8000.

It's almost 10 years.
*
Its time to write /contact your MP to raise the personal relief. This is a budget issue. Next budget coming soon. However a reduction in tax ratyes is more beneficial than personal relief, Start LOBBYING your MP
SUSDavid83
post May 19 2008, 11:54 AM

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The year budget will be earlier right? Somewhen in August if I remembered correctly.
pokai
post Sep 21 2008, 09:46 PM

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QUOTE(cute_boboi @ Apr 4 2008, 12:25 PM)
Here's a reply I got from LHDN this year (2008), but it did not mention on forex.  hmm.gif
*
Hello to all full time Forex Trader,

1) If you are full time trader ( Forex), how do you buy property and buy car?
Normally banks require you to provide any statement about your financial status.
mtsen
post Sep 22 2008, 10:04 AM

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an interesting story I heard from carrefour MD saying that income tax is like robinhood in our society, it takes money from the rich and distribute to the poor .... smile.gif

although not fully agree but nevertheless an interesting analogy ...
Satomi.Likes
post May 14 2013, 01:15 PM

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Hi all, I am hoping the tax sifus here can help with my tax situation:

I am running my own consulting business and I run the company from my own house. I recently purchased this house under a house hire purchase loan. My question is:

1. May I claim capital allowances for my house?
2. How do you compute the allowances?

Many thanks in advance!
WLMS
post May 14 2013, 09:25 PM

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Hi, you cant claim capital allowance for the house. The reason being are as follows:-

a) You can only claim for capital allowance on building when fulfil the following reason.
http://www.treasury.gov.my/index.php?optio...mid=200&lang=en

b) However, you can still claim your laptop, printer, and some plant and machinery which is incurred to generate your income. Your can refer to latest pwc booklet on page 20 in how to claim the capital allowance.
Rmbr: you need to fulfil the followings: a) must be the OWNER of the plant and machinery, b) USED at the end of the year and c) MUST for business purpose.
http://www.pwc.com/en_MY/my/assets/publica...b-2012-2013.pdf

Between, I also running the my business (accounting and tax service for my client), do you think we have chance to work 2gather? Hehe...
Satomi.Likes
post May 16 2013, 04:52 PM

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QUOTE(WLMS @ May 14 2013, 09:25 PM)
Hi, you cant claim capital allowance for the house. The reason being are as follows:-

a) You can only claim for capital allowance on building when fulfil the following reason. 
http://www.treasury.gov.my/index.php?optio...mid=200&lang=en

b) However, you can still claim your laptop, printer, and some plant and machinery which is incurred to generate your income. Your can refer to latest pwc booklet on page 20 in how to claim the capital allowance.
Rmbr: you need to fulfil the followings: a) must be the OWNER of the plant and machinery, b) USED at the end of the year and c) MUST for business purpose.
http://www.pwc.com/en_MY/my/assets/publica...b-2012-2013.pdf

Between, I also running the my business (accounting and tax service for my client), do you think we have chance to work 2gather? Hehe...
*
I see. Many thanks for the info, as it really helps to clarify the situation for me. I appreciate your offer for collaboration but I am certainly not big nor complex enough to outsource my tax. =)
WLMS
post May 16 2013, 06:24 PM

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QUOTE(Satomi.Likes @ May 16 2013, 04:52 PM)
I see. Many thanks for the info, as it really helps to clarify the situation for me. I appreciate your offer for collaboration but I am certainly not big nor complex enough to outsource my tax. =)
*
Haha, sure thing, no problem, cheers...
yidianlah
post Jun 11 2018, 09:30 AM

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hi, i need help.
anybody can answer me ?

I have pay my tax while i was working with my previous companies..
But now that I have quit and join MLM business which my incomes are commission base and has no payslip and salary...

please let me know which category am i going in for E-filing?
i cant find related forms for my category ....becaz i have no Employer and my MLM company only gave me statements that has no employer tax number on it.

so how am i going to submit my tax ? please help ..
thank you thank you thank you
MUM
post Jun 11 2018, 10:01 AM

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QUOTE(yidianlah @ Jun 11 2018, 09:30 AM)
hi, i need help.
anybody can answer me ?

I have pay my tax while i was working with my previous companies..
But now that I have quit and join MLM business which my incomes are commission base and has no payslip and salary...

please let me know which category am i going in for E-filing?
i cant find related forms for my category ....becaz i have no Employer and my MLM company only gave me statements that has no employer tax number on it.

so how am i going to submit my tax ?  please help ..
thank you thank you thank you
*
maybe Q28 is applicable to you?
http://lampiran1.hasil.gov.my/pdf/pdfam/FA..._11042011_1.pdf

yidianlah
post Jun 11 2018, 05:07 PM

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QUOTE(MUM @ Jun 11 2018, 10:01 AM)
thank you bro for your kind response

TiramisuCoffee
post Jun 13 2018, 08:59 PM

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QUOTE(mtsen @ Sep 22 2008, 10:04 AM)
an interesting story I heard from carrefour MD saying that income tax is like robinhood in our society, it takes money from the rich and distribute to the poor .... smile.gif

although not fully agree but nevertheless an interesting analogy ...
*
I read from other forums, only 7% of Malaysians pay personal income tax. blink.gif Fair or not 7% support 93% of the population? flex.gif

Personal Income Tax should be abolished! What say you?

TiramisuCoffee
post Jun 13 2018, 09:02 PM

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Seriously, are most Malaysians (93%) really poor? ( cos not taxable)?
plumberly
post Aug 20 2018, 02:38 PM

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Hope friends here can help me.

Thinking of disposing some of my foreign shares but worry about having to pay tax on them.

Saw in this thread ...

ALL revenue income derived from a source within Malaysia are subject to tax unless specifically exempted. Foreign source income remitted into Malaysia are exempted from tax.

AA

If I read that correctly, selling my foreign shares is then non taxable, right? Shares bought more than 6 years ago.

BB

Is that rule still valid today as that thread was in 2007?

Thanks.

This post has been edited by plumberly: Aug 20 2018, 02:55 PM
cherroy
post Aug 20 2018, 03:09 PM

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QUOTE(plumberly @ Aug 20 2018, 02:38 PM)
Hope friends here can help me.

Thinking of disposing some of my foreign shares but worry about having to pay tax on them.

Saw in this thread ...

ALL revenue income derived from a source within Malaysia are subject to tax unless specifically exempted. Foreign source income remitted into Malaysia are exempted from tax.

AA

If I read that correctly, selling my foreign shares is then non taxable, right? Shares bought more than 6 years ago.

BB

Is that rule still valid today as that thread was in 2007?

Thanks.
*
Profit from investment is a form capital gain.
And capital gain in Malaysia is tax exempted, so can disregard whether it is treated as foreign derived or not. Yes, the above rules still apply until today.

Whether the "foreign" share/country has witholding tax on the shares gain or not, then it is another matter. As there are foreign shares dividend are subjected to witholding tax for non-resident investors.

Conclusion :
For Malaysia part - tax exempted.
For foreign country - check with your broker/respective countries regulation.
plumberly
post Aug 20 2018, 04:02 PM

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QUOTE(cherroy @ Aug 20 2018, 03:09 PM)
Profit from investment is a form capital gain.
And capital gain in Malaysia is tax exempted, so can disregard whether it is treated as foreign derived or not. Yes, the above rules still apply until today.

Whether the "foreign" share/country has witholding tax on the shares gain or not, then it is another matter. As there are foreign shares dividend are subjected to witholding tax for non-resident investors.

Conclusion :
For Malaysia part - tax exempted.
For foreign country - check with your broker/respective countries regulation.
*
Noted and thanks.

On withholding tax, I am already being taxed there for the dividends. If I claim for the dividend withholding taxes, will these dividends taxes be taxable for me in Msia (assuming the 2 countries have the tax agreement)? Sorry, dumb weird question.
cherroy
post Aug 20 2018, 04:16 PM

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QUOTE(plumberly @ Aug 20 2018, 04:02 PM)
Noted and thanks.

On withholding tax, I am already being taxed there for the dividends. If I claim for the dividend withholding taxes, will these dividends taxes be taxable for me in Msia (assuming the 2 countries have the tax agreement)? Sorry, dumb weird question.
*
Ya, weird question, laugh.gif as most witholding taxes are not entitled for claim, subjected to respective countries ruling (this involves complicated story already as every country tax rules are different)

To answer above question, should be no, from Malaysia existing taxes regulation.

fooym
post Aug 20 2018, 04:46 PM

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QUOTE(cherroy @ Aug 20 2018, 04:16 PM)
Ya, weird question,  laugh.gif as most witholding taxes are not entitled for claim, subjected to respective countries ruling (this involves complicated story already as every country tax rules are different)

To answer above question, should be no, from Malaysia existing taxes regulation.
*
Foreign withholding tax (WHT) that you suffered in overseas, you should be able to claim as Foreign Tax Credit (FTC) if Malaysia and the respective overseas country have a tax treaty. Generally, FTC is a claim that you can use to set off against your Malaysia's tax payable - to avoid double taxation on the same income. FTC always come with conditions before it can apply.

So go back to the principle of tax treaty, no double taxation on the same dividend income occurred in your case. The domestic law in Malaysia exempt foreign-sourced dividend income remitted into Malaysia from tax, whilst you suffered foreign WHT in overseas (based on domestic tax law in that overseas country).

Therefore, unlikely you are entitled for a FTC given that no double taxation on the same income occurred.

Hope this helps.
jonoave
post Aug 20 2018, 04:49 PM

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QUOTE(cherroy @ Aug 20 2018, 11:16 AM)
Ya, weird question,  laugh.gif as most witholding taxes are not entitled for claim, subjected to respective countries ruling (this involves complicated story already as every country tax rules are different)

To answer above question, should be no, from Malaysia existing taxes regulation.
*
Sorry I hope it's ok for me to tumpang along this question tered.

I've living overseas for a while now, and paying tax in the foreign country instead of Malaysia.
However I have some investment in the form of unit trusts in Malaysia.

I'm wondering that when I sell off those UT, will I need to declare them for taxation in Malaysia, or is that covered under withholding tax already

Furthermore, in the country I'm in now I found that there is a 30% tax on gains from shares and UT etc.
And in the tax form they do ask whether I possess any investment overseas etc.

Thanks in advance!
cherroy
post Aug 20 2018, 05:18 PM

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QUOTE(jonoave @ Aug 20 2018, 04:49 PM)
Sorry I hope it's ok for me to tumpang along this question tered.

I've living overseas for a while now,  and paying tax in the foreign country instead of Malaysia.
However I have some investment in the form of unit trusts in Malaysia.

I'm wondering that when I sell off those UT, will I need to declare them for taxation in Malaysia, or is that covered under withholding tax already

Furthermore, in the country I'm in now I found that there is a 30% tax on gains from shares and UT etc.
And in the tax form they do ask whether I possess any investment overseas etc.

Thanks in advance!
*
For Malaysia investment side (since the onset of single tier dividend), any income or dividend/distribution that need to have witholding tax, the payor will witheld those amount before distribute to you, so what you get is net off already.
Same with bank interest, if there is need to have witholding tax on the interest, bank will witheld those amount in the first place, before giving to you.

For capital gain on Malaysia investment, Malaysia doesn't practice capital gain tax whether it is resident or non-resident, except RPGT.
So, you need to look at your country tax regulation, whether they have tax on capital gain on foreign investment or not, or any exemption on double tax treaty etc.
If you are A country tax resident, then you follow A tax regulation.



jonoave
post Aug 20 2018, 06:07 PM

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QUOTE(cherroy @ Aug 20 2018, 12:18 PM)
For Malaysia investment side (since the onset of single tier dividend), any income or dividend/distribution that need to have witholding tax, the payor will witheld those amount before distribute to you, so what you get is net off already.
Same with bank interest, if there is need to have witholding tax on the interest, bank will witheld those amount in the first place, before giving to you.

For capital gain on Malaysia investment, Malaysia doesn't practice capital gain tax whether it is resident or non-resident, except RPGT.
So, you need to look at your country tax regulation, whether they have tax on capital gain on foreign investment or not, or any exemption on double tax treaty etc.
If you are A country tax resident, then you follow A tax regulation.
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Thanks for your reply!

QUOTE
So, you need to look at your country tax regulation, whether they have tax on capital gain on foreign investment or not, or any exemption on double tax treaty etc.
If you are A country tax resident, then you follow A tax regulation.


Yup, I'm trying to follow the tax regulation in the foreign country.

They have a tax on all investments, local and foreign at 30%.

It also states that for example if the foreign investment already taxed 15% on profit by the origin country, then I only need to declare and pay 15% extra tax in my current tax residency.

That's why I'm a bit confused, since as you said, by Malaysian standard I'm getting a net amount of profit already. So do I need to declare and add 15% tax on this net amount in my current tax resident country.

But I guess this is something I will need to check with the local tax agency here.

plumberly
post Aug 21 2018, 12:34 PM

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QUOTE(fooym @ Aug 20 2018, 04:46 PM)
Foreign withholding tax (WHT) that you suffered in overseas, you should be able to claim as Foreign Tax Credit (FTC) if Malaysia and the respective overseas country have a tax treaty. Generally, FTC is a claim that you can use to set off against your Malaysia's tax payable - to avoid double taxation on the same income. FTC always come with conditions before it can apply.

So go back to the principle of tax treaty, no double taxation on the same dividend income occurred in your case. The domestic law in Malaysia exempt foreign-sourced dividend income remitted into Malaysia from tax, whilst you suffered foreign WHT in overseas (based on domestic tax law in that overseas country).

Therefore, unlikely you are entitled for a FTC given that no double taxation on the same income occurred.

Hope this helps.
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Thanks.

Accounting was one of my worst subjects in school. So pardon me for my questions.

Say country A has FTC with Misa (I asked the org handling my shares on who got the dividend tax deducted from my shares, the lady replied saying that amount was sent to Msian tax dept), am I right in assuming the following?

AA
I can claim for my deducted share WHT with LHDN?

BB
If I claimed for the WHT here, it should still be non taxable as it is foreign income?

Hope 2 yeses for the above! Ha.

P/S Any time limit on claiming for the WHT? Some of the shares are more than 15 years ago.


fooym
post Aug 21 2018, 01:00 PM

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QUOTE(plumberly @ Aug 21 2018, 12:34 PM)
Thanks.

Accounting was one of my worst subjects in school. So pardon me for my questions.

Say country A has FTC with Misa (I asked the org handling my shares on who got the dividend tax deducted from my shares, the lady replied saying that amount was sent to Msian tax dept), am I right in assuming the following?

AA
I can claim for my deducted share WHT with LHDN?

BB
If I claimed for the WHT here, it should still be non taxable as it is foreign income?

Hope 2 yeses for the above! Ha.

P/S Any time limit on claiming for the WHT? Some of the shares are more than 15 years ago.
*
Hi Bro, no worries. trying my best to help.

To reiterate, the dividend tax you suffered in overseas is highly unlikely can be claimed as FTC in Malaysia because in the first place, your foreign-sourced dividends remitted into Malaysia were tax-exempt (i.e. not taxable). So in layman, there is no taxable income for you to utilise the FTC.

For the records, the time limit for FTC is 2 years, if i remember correctly.

Hope this helps.
klthor
post Aug 21 2018, 02:34 PM

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QUOTE(plumberly @ Aug 21 2018, 12:34 PM)
Thanks.

Accounting was one of my worst subjects in school. So pardon me for my questions.

Say country A has FTC with Misa (I asked the org handling my shares on who got the dividend tax deducted from my shares, the lady replied saying that amount was sent to Msian tax dept), am I right in assuming the following?

AA
I can claim for my deducted share WHT with LHDN?

BB
If I claimed for the WHT here, it should still be non taxable as it is foreign income?

Hope 2 yeses for the above! Ha.

P/S Any time limit on claiming for the WHT? Some of the shares are more than 15 years ago.
*
I will just have to tell you my general knowledge of what is double tax agreement is all about.

For example, if a shipping company is based in malaysia. but some of their profit are taxed in singapore, this same income is also taxed in malaysia.

100k, sg tax 15%. 15k
100k, my tax 18%. 18k
total taxed 33k on the same 100k of income.

when double tax agreement kicks in,

100k, sg tax 15% = 15k
100k, my tax 18% = 18k MINUS 15k (due to agreement)
=3k at MY side.

total taxed of of 100k income = 18k only due to the DTA.

for your case, since you are paying tax ONLY in overseas... even if there is DTA, you cannot get back the money. (FYI, you need to confirm this... all DTA are drafted differently.)
jge
post Dec 31 2018, 04:57 PM

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Hi, I do not know if I am in the correct thread but I have some tax questions regarding a sole proprietor business.

I have a sole proprietor business. I am a private tutor. I teach students at my place & I also go to some students' houses to teach. I have registered my business in April this year.

My questions :

1. I did not keep the petrol receipts. Only recently I realized that I need those receipts for tax submission. tongue.gif I only started keeping the receipts from October onwards. But I have a book where I list down my petrol expenses. Could I still use this list to do my accounts? Can I fully claim it?

2. Can I fully/partially claim water & electricity bills since I am teaching in my house?

3. Do I really need to maintain a separate bank account for my business? Currently, all my commission is paid into my personal bank account.

Would appreciate it if any experts could help me out on these. Thank you in advance! smile.gif smile.gif
cherroy
post Dec 31 2018, 05:21 PM

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QUOTE(jge @ Dec 31 2018, 04:57 PM)
Hi, I do not know if I am in the correct thread but I have some tax questions regarding a sole proprietor business.

I have a sole proprietor business. I am a private tutor. I teach students at my place & I also go to some students' houses to teach. I have registered my business in April this year.

My questions :

1. I did not keep the petrol receipts. Only recently I realized that I need those receipts for tax submission.  tongue.gif  I only started keeping the receipts from October onwards. But I have a book where I list down my petrol expenses. Could I still use this list to do my accounts? Can I fully claim it?

2. Can I fully/partially claim water & electricity bills since I am teaching in my house?

3. Do I really need to maintain a separate bank account for my business? Currently, all my commission is paid into my personal bank account.

Would appreciate it if any experts could help me out on these. Thank you in advance!  smile.gif smile.gif
*
1) no receipt then no, as simple as that.
But I do not think petrol expense is entitled for tax deduction for tuition business.

2) I do not think so. (same with 1 above). Unless you have a premise that solely run for tuition that incur electricity bill, then yes, clear cut.
If using home one, it is difficult to prove/show those expenses are for tuition.

Generally, only expenses that are needed to run the business is tax deductible.
You can't simply take in personal expenses.

3) It is preferred to keep it separate, as it is more clear cut and do not mess up.

jge
post Dec 31 2018, 05:40 PM

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QUOTE(cherroy @ Dec 31 2018, 05:21 PM)
1) no receipt then no, as simple as that.
But I do not think petrol expense is entitled for tax deduction for tuition business.

2) I do not think so. (same with 1 above). Unless you have a premise that solely run for tuition that incur electricity bill, then yes, clear cut.
If using home one, it is difficult to prove/show those expenses are for tuition.

Generally, only expenses that are needed to run the business is tax deductible.
You can't simply take in personal expenses.

3) It is preferred to keep it separate, as it is more clear cut and do not mess up.
*
Thanks for the answers. However, can I know why petrol expense is not entitled for tax deduction since I need to travel to my students' houses to teach them tuition? Isn't it an expense incur to run the business?
cherroy
post Jan 1 2019, 10:07 AM

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QUOTE(jge @ Dec 31 2018, 05:40 PM)
Thanks for the answers. However, can I know why petrol expense is not entitled for tax deduction since I need to travel to my students' houses to teach them tuition? Isn't it an expense incur to run the business?
*
Ask back your own question, how would you separate the petrol that used for tuition and personal use?
Use separate petrol tank? biggrin.gif

Unless you have a car registered under the business name (eg. registered under the name of ABC tuition centre), that use to fetch student or travel for tuition purposes, then those expenses may be tax deductible under business expenses.

Car that registered under personal name, generally and strictly speaking expenses related to the car are not business tax deductible.

jge
post Jan 1 2019, 10:16 AM

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QUOTE(cherroy @ Jan 1 2019, 10:07 AM)
Ask back your own question, how would you separate the petrol that used for tuition and personal use?
Use separate petrol tank?  biggrin.gif

Unless you have a car registered under the business name (eg. registered under the name of ABC tuition centre), that use to fetch student or travel for tuition purposes, then those expenses may be tax deductible under business expenses.

Car that registered under personal name, generally and strictly speaking expenses related to the car are not business tax deductible.
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Haha, thanks!
tzxsean
post Jan 10 2019, 11:27 AM

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QUOTE(jge @ Dec 31 2018, 04:57 PM)
Hi, I do not know if I am in the correct thread but I have some tax questions regarding a sole proprietor business.

I have a sole proprietor business. I am a private tutor. I teach students at my place & I also go to some students' houses to teach. I have registered my business in April this year.

My questions :

1. I did not keep the petrol receipts. Only recently I realized that I need those receipts for tax submission.  tongue.gif  I only started keeping the receipts from October onwards. But I have a book where I list down my petrol expenses. Could I still use this list to do my accounts? Can I fully claim it?

2. Can I fully/partially claim water & electricity bills since I am teaching in my house?

3. Do I really need to maintain a separate bank account for my business? Currently, all my commission is paid into my personal bank account.

Would appreciate it if any experts could help me out on these. Thank you in advance!  smile.gif smile.gif
*
1. You may stand a chance to claim a portion of the petrol expenses incurred. IRB do allow if you are able to come up and justify the apportionment between private and business usage (e.g. 1/3 for private usage).

2. Refer above for the same concept.

3. it's better to do so for clear segregation of income and expenses.
syyang85
post Jan 24 2019, 02:22 PM

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Can interest incurred on Personal Loans or Home refinanced Loan used for Business(Sdn Bhd & PLT; not sole prop or partnership) tagged as Business Expenses?

 

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