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SOCSO Enforce New Salary Ceiling Limit for Contributions

SOCSO Enforce New Salary Ceiling Limit for Contributions
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SOCSO Enforce New Salary Ceiling Limit for Contributions

Are you Aware of the Latest Announcement by SOCSO on New Salary Ceiling Limit?

Effective from 1st September 2022, SOCSO will increase the monthly salary ceiling limit from RM4,000 to RM5,000 for contributions.

i. How would this affect the SOCSO and EIS contributions?

• Additional SOCSO and EIS contributions for employees who earn monthly salaries between RM4,000 and RM5,000.

• Flat contribution rates for both SOCSO and EIS for employees who earn RM5,000 or more per month.

For the latest contribution rate, please refer to the link below

https://www.perkeso.gov.my/en/rate-of-contribution.html

ii. What Should the Employers Do?

• Employers must make contribution payments in accordance with the new wage ceiling limit adjustment.

• Employers are requested to record the contribution deductions in the pay slip or statements of their respective employees.

iii. Transition Period for Employers

The transition period for employers to comply with the new contribution rate is six (6) months, starting from 1st September 2022 to 28th February 2023.

Source:

Employment Insurance System (Amendment) Act 2022:

- https://lom.agc.gov.my/act-detail.php?type=amendment&act=A1657&lang=BI

- Employees’ Social Security (Amendment) Act 2022:

- https://lom.agc.gov.my/act-detail.php?type=amendment&act=A1658&lang=BI

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Tax Incentive for Organising Conferences in Malaysia

Tax Incentive for Organising Conferences in Malaysia
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Tax Incentive for Organising Conferences in Malaysia

Overview

On 29 July 2022, IRB issued Public Ruling (PR) No.2/2022 - Tax incentive for organising conferences in Malaysia. Generally, this PR has explained the tax incentive are available to:

1. Conference promoter promoting and organising conferences in Malaysia as its main activity; and

2. Qualifying person whose main activities are other than promoting and organising conferences in Malaysia. In simple words, the nature of business is not related to promoting and organising conferences. For instance, a manufacturing company.

Key takeaways:

You will understand: -

1. What is the tax incentive?

2. How to become an eligible conference promoter and qualifying person?

3. Differences between conference promoter and qualifying person?

4. Requirement of separate account?

Summary of learnings:

1. What is the tax incentive?

The tax incentive is given to eligible conference promoter and qualifying person.

The exemption is on 100% of the statutory income derived from organising conferences held in Malaysia in the relevant year of assessment.

2. How to become an eligible conferences promoter and qualifying person?

Brought in at least 500 foreign participants to attend conferences held in Malaysia in the year assessment.

3. Differences between conferences promoter and qualifying person

i) Under Income Tax (Exemption) (No.53) Order 2000 [P.U. (A) 500/2000], an eligible conference promoter must be a resident company, an association, or an organisation whose main activities are promoting and organizing conferences in Malaysia.

The period of exemption is effective from the year of assessment 1997 onwards.

ii) Whereas under Income Tax (Exemption) (No.4) Order 2021 [P.U. (A) 195/2021], a qualifying person which is a resident company, an association, or an organisation that carries on business not related to the activity of promoting and organizing conference is also eligible to enjoy the tax incentive.

The period of exemption is effective from the year of assessment 2020 until 2025.

4. Separate accounts

A separate account is required to be maintained for the income exempt under both P.U.(A) 500/2000 or P.U.(A) 195/2021.

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Tax on digital currency Malaysia

Tax on digital currency Malaysia
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Tax on cryptocurrency Malaysia Part 2

IRB has issued the Guideline on Tax Treatment of Digital Currency Transactions dated 26 August 2022.

Key issues in the guideline include :

Taxability

Crypto transactions fall under the scope of Malaysia income tax if

  • the key activities and operation business operations are performed in Malaysia or

  • where there is a business presence in Malaysia

Summary of Tax on Digital Currency

  • Trading of digital currencies - Profit from the business of trading is taxable .

  • Mining of digital currencies- Profits from the mining of digital currencies are subject to income tax if the mining activity is carried out with a profit-seeking motive.

  • Business transactions carried out using digital currency- Record based on the open market value of the underlying goods or services in RM.

  • Realisation of digital currencies from business transaction- The tax treatment of the subsequent disposal of the digital currency received will depend on the analysis of the capital and revenue (ie badge of trade)

  • Realisation of digital currencies investment-The tax treatment will depend on the analysis of the capital and revenue (ie badge of trade).

  • Free distribution - The mere purchase of digital currencies as a result of free distribution/spitting is not taxable.

  • Exchange of digital currencies -The tax treatment will depend on the analysis of the capital and revenue (ie badge of trade)

Past Blog on tax on cryptocurrency Malaysia

https://www.ktp.com.my/blog/tax-on-cryptocurrency-malaysia/05sept2022

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What is Automation Capital Allowance (ACA) ?

What is Automation Capital Allowance (ACA) ?
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What is Automation Capital Allowance (ACA) ?

Overview of ACA :

After the opening of international borders, Malaysia is facing a serious manpower situation, thus, Automation machines may become one of the solutions for manufacturing companies to overcome the workforce issue.

The Automation Capital Allowance (Automation CA) was introduced to encourage the adoption of automation among manufacturing companies. In budget 2020, the Government extended the period for the incentive in both categories. The effective date of application is from 1 Jan 2015 until 31 Dec 2023.

Key takeaways:

1. How does the incentive work?

2. Who is eligible to claim?

3. Application procedures

4. Thing to take note

Summary of learnings:

1. What type of incentive?

A. Labour-intensive industries (rubber products, plastics, wood, furniture, and textiles)

- Automation Capital Allowance of 200% on the first RM4 million expenditure incurred within assessment from 2015 to 2023

B. Other Industries

- Automation Capital Allowance of 200% on the first RM2 million expenditure incurred within assessment from 2015 to 2023

2. Who is eligible to claim?

I. Manufacturing companies incorporated under the Companies Act, 1965 / 2016

II. Resident in Malaysia

III. Valid Business License and Manufacturing License

IV. The Company has been in operation as manufacturing activities for 36 months

V. Automation machine/equipment is used directly in the manufacturing activities

3. Application process:

I. Submit the ‘Automation CA Form’ to MIDA

II. MIDA evaluation and SIRIM site visits regarding technical verifications

III. MIDA issues a ‘Consideration Letter’ as approval

4. Things to take note:

A. The incentive is mutually exclusive to other incentives; thus, Company can only enjoy one of the incentives including Automation CA, Reinvestment Allowance (RA), Pioneer Status (PS), Investment Tax Allowance (ITA), or Allowance for Increased Exports (AIE)

B. If Company is claiming RA, it also can opt to claim Automation CA. However, the company must utilize the full amount of Automation CA before it continues to claim RA and the period of RA will continue even if the Company has opted for Automation CA.

Sources:

- Guidelines and Procedures for the application of Automation Capital Allowance

https://www.mida.gov.my/wp-content/uploads/2021/01/GD_ACA_14012021.pdf

 

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MPERS Section 33 Related party disclosures

MPERS Section 33 Related party disclosures
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MPERS Section 33 Related party disclosures

My auditor is so annoying! Every time audit needs to ask me to confirm related party balances and transactions and force me to disclose them in my financial report.

Why?

Malaysian Private Entity Reporting Standard (MPERS) Section 33 has clearly stated that the Company should disclose anything that involves related parties which have affected the Company’s financial position and its profit and loss in its financial statement.

Who are the Related Party?

1. Parent and subsidiary relationship

2. Subsidiaries of Common parent company

3. Associates

4. Joint ventures Entities

5. Key management personnel with significant influence

6. A close family to the key management personnel

100% related party if two entities have a common director?

1. Assessment of the extent of the relationships is required (MEPRS 33.3) to determine whether the director has significant influence in both entities (MPERS 33.2) instead of judging on its legal title.

2. Hence, the two companies are not necessarily related parties even though they have common directors.

What disclosures are required for related parties at the reporting entity’s year ended?

1. Nature of related party relationship

2. Type of transactions

3. Value of transactions

4. Outstanding balance between related parties and its terms and conditions

What are the examples of the transactions?

1. Sales and purchase of goods

2. Rendering or receiving any form of services

3. Acquisition and disposal of assets

4. Use of assets by way of lease arrangement

5. Borrowings, lending, and guarantees provided for/to

6. Others

Source:

MPERS Section 33 Related party disclosures:

- https://c0aa0d68-de31-44c8-bb40 ac5f2e0a9fe4.filesusr.com/ugd/a87018_5b13be37ec354e388901ef7342d8f641.pdf?index=true

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Tax Incentives in Agriculture Industry

Tax Incentives in Agriculture Industry
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Tax Incentives in Agriculture Industry

Under the Promotion of Investments Act 1986, the term ''company” in relation to agriculture includes:

  • agro-based cooperative societies and associations

  • sole proprietorships and partnerships engaged in agriculture.

Companies producing promoted products or engaged in promoted activities are eligible to apply for the following incentives:

Pioneer Status

As in the manufacturing sector, companies producing promoted products or engaged in promoted activities are eligible for Pioneer Status.

Investment Tax Allowance (ITA)

Companies producing promoted products or engaged in promoted activities can apply for Investment Tax Allowance (ITA). To enable agricultural projects to enjoy greater benefits, the Government has broadened the definition of qualifying capital expenditure to include the following:

  • the clearing and preparation of land;

  • the planting of crops;

  • the provision of plant and machinery used in Malaysia for the purposes of crop cultivation, animal farming, aquaculture, inland or deep-sea fishing and other agricultural or pastoral pursuits;

  • the construction of access roads including bridges, the construction or purchase of buildings (including those provided for the welfare of persons or as living accommodation for persons) and structural improvements on land or other structures which are used for the purposes of crop cultivation, animal farming, aquaculture, inland fishing and other agricultural or pastoral pursuits. Such roads, bridges, buildings, structural improvements on land and other structures should be on land forming part of the land used for the purpose of such crop cultivation, animal farming, aquaculture, inland fishing and other agricultural or pastoral pursuits.

In view of the time lag between start-up of the agricultural project and processing of the produce, integrated agricultural projects are eligible for ITA for an additional five years for expenditure incurred for processing or manufacturing operations.

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Tax on cryptocurrency Malaysia

Tax on cryptocurrency Malaysia
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Tax on cryptocurrency Malaysia

Badge of trade

Determining the existence of trade The general tax treatment for transaction gain / loss from the disposal of digital currencies is based on whether it is capital or revenue in nature.

The badges of trade such as profit seeking motive, nature of asset and changes to the asset are considered when determining if such gains are taxable. The followings are considerations in deciding whether elements of trade exist for transactions involving digital currencies:

1. Nature of subject matter

This refers to the nature of the digital currencies that is being bought and sold. The digital currencies could be regarded as the subject of trading when they are bought in large quantities.

2. Length of ownership

This refers to the holding period of the digital currencies. The shorter the holding period, the more likely it would be regarded as held for trading.

3. Frequency of transactions

High frequency of similar transactions of digital currencies is more indicative of trading than an isolated transaction.

4. Supplementary work

This refers to additional work done on digital currencies to make it more marketable or extra effort made to find or attract purchasers. If this is done, it is more likely that the subsequent disposal would be regarded as trading.

5. Circumstances of the realization

Some circumstances are less likely to indicate trading (e.g. company is forced to sell the digital currencies due to compulsory acquisition, sudden urgent need of cash or threat of foreclosure by creditors).

6. Motive

This refers to whether there was an intention to trade at the time of the acquisition of the digital currencies. If a person undertake the activities in a business-lime manners such as developing a business plan, preparing accounting records and advertising the digital currencies business, the intention is definitely to do a business of digital currencies.

7. Mode of financing

This refers to how the purchase of the digital currencies is being financed. Short term financing is more indicative of trading than long term financing. The company’s financial position and ability to hold on to the digital currencies will also be taken into consideration.

Source

IRB Guideline on tax treatment on digital currency transactions @ 26/8/2022

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Agriculture Allowance

Agriculture Allowance
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Agriculture Allowance

Are agriculture companies entitled to any tax incentives?

Agriculture allowance

A taxpayer who incurred Qualifying Agriculture Expenditure is entitled to claim Agriculture Allowance.

Qualifying Agriculture Expenditure

1. Clearing and preparation of land

2. New planting (exclude replanting) either:

a) new crop of any product

b) replace old crops with a crop of a different type

3. Construction on a farm of a road or bridge

4. Construction on a farm of a building either:

a) used in working of farm

b) welfare of persons

c) living accommodation

5. Schedule of Agriculture Allowance

Non-Qualifying Agriculture Expenditure

1. Cost of land

2. Cost of plant and machinery used in the farm

Agriculture Charges (Disposal)

1. If disposal within 5 years: agriculture charge equal = allowances claimed in prior years

2. If disposal made after 5 years: no agriculture charge will be made

Source

Reference: Public Ruling No. 1/2016 Agriculture Allowance

https://phl.hasil.gov.my/pdf/pdfam/PR_01_2016.pdf

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Tax Deduction on Payment to Release Bumi Lot

Tax Deduction on Payment to Release Bumi Lot
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Tax Deduction on Payment to Release Bumi Lot

Do you know there are 6 deciding case law in high court from 2020 to 2021 on the tax appeal regarding payment to release bumi lot.

Today we cover one recent Court of Appeal case namely DIRECTOR GENERAL OF INLAND REVENUE vs TAMAN EQUINE (M) SDN BHD which overturn High Court decision.

Lesson from Tax Case:

The tax treatment of application expenses incurred to release the Bumiputera quota units by a housing developer.

Background information

Taman Equine (M) Sdn Bhd (The Company) is a housing developer.

The Company has incurred expenses to apply to State Government to release the Bumiputera quota units.

Tax Issue:

Are expenses incurred for the release of the Bumiputera quote units allowable for tax deduction?

The Company’s opinion:

The application of the release the Bumiputera quota units is necessary else the Company would not be able to generate its income. Thus, the expenses incurred for the business expenses under section 33(1) ITA 1967.

IRB argument:

The expenditures in question were not eligible for deduction under Section 33(1) of the ITA for the following reasons:

a) the cost incurred is a penalty in nature and

b) not wholly and exclusively incurred for the purpose of producing the gross income.

The decision by The Court of Appeal

The Company expenses were not allowed for deduction due to the following reason:

a) the nature of the payment is a penalty for breach of a condition imposed by the State Government.

b) it does not form part of the taxpayer’s income-producing activity.

c) the expenses incurred are for the purpose of bringing into existence an advantage in terms of procuring permission/consent from the state authority for the permanent benefit of the business

d) it is capital in nature and prohibited under section 39(1) ITA 1967.

Source:

https://phl.hasil.gov.my/pdf/pdfam/KPHDN_v_TAMAN_EQUINE_17062022.pdf

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Key Amendments to the Employment Act 1955 (Gazetted 2022)

Key Amendments to the Employment Act 1955 (Gazetted 2022)
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Key Amendments to the Employment Act 1955

Definition of employment

1. Employee earning RM4000 and below *

2. Employee in manual labour

3. Supervisor of employee in manual labour

4. Employee in mechanically propelled vehicle

5. Domestic employee

*Provision of the Act not applicable include overtime, payment for work done on off/rest day and public holidays, shift allowance and termination benefits for employee’s wages exceeds RM4000.

Presumption of employment

The Bill provides that in the absence of a written contract and unless proven otherwise, there will be presumption of an employment relationship if the following factors are given:

  • his/her work or hours of work are subject to control by another person;

  • he/she is equipped with tools, material or equipment by another person to execute his work;

  • his/her work constitutes an integral part of another person's business;

  • his/her work is performed solely for the benefit of another person; or

  • payment is made to him/her for work done at regular intervals and it constitutes the majority of his/her income.

Apprenticeship Contract

Shall be for a minimum period of six months and a maximum period of twenty four months.

Calculation of wages for an incomplete month

The Bill provides a new section in the Act that introduces the below formula for calculating wages where an employee has not worked a full month:

(Monthly wages/number of days of the particular wage period ) X Number of days eligible in the wages period

For OT (or encashment of annual leave) : ordinary rate of pay (ie 26 days) remain unchanged under the current law.

Extension of maternity leave

Previously, the Act provided a 60 days maternity leave for all female employees, subject to the conditions of the Act. Now, when the Bill comes into force, eligible female employees will be entitled to 98 days of maternity leave.

Restriction on termination of pregnant employees

The Bill introduces a new section in the EA which prohibits an employer from terminating an employee who is pregnant or is suffering from an illness arising out of her pregnancy, except under specific circumstances such as willful breach of contract, misconduct or closure of the employer’s business. It is vital on employers to prove that the termination was not due to pregnancy.

Paternity Leave

Married male employees will now be entitled to 7 consecutive days of paternity leave up to 5 confinements.

Sexual harassment

The Bill introduces a new section which requires employers to conspicuously exhibit a notice to raise awareness of sexual harassment in the workplace. The sexual harassment provisions are still viewed as weak and limited. The Anti Sexual Harassment Bill 2021 would provide more guidelines upon being passed. It is currently in its first reading in Parliament.

Employment of foreign employees

Approval must be obtained from the Director-General of Labor to employ a foreign employee. Upon the employer satisfying the conditions listed in the Act, approvals are granted. Failure to obtain an approval is an offense, and on conviction, the employer shall be liable to a fine not exceeding RM 100,000 and/or to imprisonment for a term not exceeding five years.

Reduction on working hours

Previously, the Act provided 48 hours as regular working hours. With the Bill coming into force, the regular working hours will be reduced to 45 hours a week.

Flexible working arrangements

Employees can apply for flexible working arrangement, depending on the suitability of the working hours or work place. However, there is no legal obligation on the employer to grant this request. If the employer is to reject the request, they are required to provide grounds of refusal within 60 days of the application.

Discrimination

The Director General has the authority to investigate and decide disputes on discrimination in employment between employer and employee. Furthermore, the Director General has the power to make an order where necessary. However, this provision is vague and it does not define discrimination. Job seekers will not be able to rely on this provision as there is no employment relationship between an employer and job seekers, and as such this provision will not apply to protect job seekers from discrimination.

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What is Attestation of Company Good Standing (ACGS)?

What is Attestation of Company Good Standing (ACGS)?
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What is the meaning of good standing from SSM?

What is Attestation of Company Good Standing (ACGS)?

ACGS is a confirmation from SSM that a company has met the criteria that were set in the issuance of this ACGS.

The Content in ACGS

Ø  Company Name

Ø  Company Registration Number

Ø  Incorporation Date

Ø  Types of the Company (Public /Private)

Ø  Registered Address

Criteria of ACGS Product for a Company

1.         Incorporated for at least 18 months from the date of purchase ACFS;

2.         Lodged its latest annual return and audited financial statements or certificate relating to an Exempt Private Company;

3.         Existence and not in the process of being wound up or struck off or dissolved ;

4.         Not dormant according to the nature of business;

5.         Has a registered address;

6.         The company or its directors do not consist of any outstanding compound; and

7.         The company or its directors do not have any pending prosecution case.

Why is ACGS important?

a) Official

            – Confirmation issued by SSM and able to verified by digital scan QR code

b) Compliance

– The company’s statutory form and return are filed, up to date and well maintain or organised

c) Trustworthy

             – Meet the criteria set up by SSM with confirmation and certification

d) Reliable

            – consistently good in quality or performance and able to be trusted

How to generate a company ACGS?

ACGS can be generated upon request by the user if it passes the set criteria.

Will be available in SSM e-info if the Company meets all the requirements.

Where to purchase and the cost?

The user can purchase ACGS from SSM e-Info website [https://www.ssm-einfo.my/]

RM105 for each purchase.

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Small Value Withholding Tax Payment

Small Value Withholding Tax Payment
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Small Value Withholding Tax Payment

 

An individual/body resident in Malaysia or doing business in Malaysia that is required to pay WHT under S.109 or S.109B of the Income Tax Act 1967 that do not exceed RM500 per transaction for transactions that recur may submit the WHT form and pay the WHT as follows:

(See above)

S.109 or S.109B of the Income Tax Act 1967
  • S.109 = Royalty and Interest earned by non-resident

  • S.109B = Special class of income under Section 4A of the ITA including service and rental of moveable property

Others Operational Issue

The above will take effect from August 2022.

IRBM is in the process of preparing the special WHT forms for the purposes of the above.

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Can a company provide financial assistance to purchase shares ?

Can a company provide financial assistance to purchase shares ?
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Can a company provide financial assistance to purchase shares ?

Section 123(1) of the Companies Act (CA) 2016 prohibited a company to give financial assistance, regardless directly or indirectly to any person or its shareholder to acquire its own shares or shares of its holding company.

In the context of financial assistance, it was not defined in CA 2016, however, as stated in the section itself, it could be in the form of a loan, guarantee or provision of security or otherwise connected to such purchase.

The rationale of Section 123(1):

• acquisition of shares should be using his/ her own resources;

• to prevent depletion and reduction of the company’s capital because such action might compromise the benefits and interests of the creditors of that particular company;

• to protect the shareholder’s right to expect, and by extension to protect them from the abuse of the company’s capital;

• to prevent manipulation of the market because when a company gives financial assistance to buy its shares, the outstanding shares will go down;

• increase Earning Per Share (EPS) of the company and simultaneously it can artificially increase the market price per share of the company and that’s how manipulation is done.

Exemption

However, there are exemptions made available under Section 125 and 126 of CA2016 :

a) where the lending of money is part of the company’s ordinary business such as bank or money lender;

b) where it is for a trust scheme for employees;

c) where the financial assistance is given to employees for their own benefit;

d) where the company is regulated by written laws relating to a bank, insurance or takaful or which are subject to the supervision of the Securities Commission;

e) where the company is not a public listed company and it has complied with the conditions listed in s126 where shareholders approved by passing a special resolution at a general meeting to give financial assistance not exceeding 10% of shareholders’ funds if the “whitewash” procedures are satisfied.

Penalties and Offences

Under Section 123(3) of CA2016 will impose a fine not exceeding RM3,000,000 or imprisonment for a term not exceeding five years or both upon conviction. Additionally, as per Subsection 4, the Court may order the convicted person to pay compensation to the company or another person who has suffered loss or damage as a result of the contravention that constituted the offence.

In conclusion, this provision restricts the company from using funds to assist a person to acquire shares. This provision catches some business owners off their guard and is surprised to learn that they are restricted to use the funds of the company to acquire shares as they like.

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CP 21 Form LHDN

CP 21 Form LHDN
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Update CP 21 form

Tax Quiz: IRB CP 21 & CP 22 is applicable to :

A. All employees

B. Chargeable employees

C. Don't know

Read our past social media posting on CP21 & CP 22 as below :

1. Tax Responsibility Employer – dated 14/04/2022

https://bit.ly/3QHAgpL

2. IRB Latest Operasi on CP 21, CP 22 & CP22A – 11/04/2022

https://bit.ly/3dkGbCQ

3. Calling HR/Account dated – 29/12/2021

Do it before 31 December 2021 on your newly recruited & resigned employees in your company as IRBM ...

https://bit.ly/3phhiuy

4. Are you ready for ''payroll'' tax from IRB? dated on 13/10/2021

https://bit.ly/3PoWFr3

5. 为什么所得税发布 2021 年 10 月 1 日 发布雇主审计框架 (Audit Framework for Employers) ? dated 7/10/2021

https://bit.ly/3QAcNHc

6. Beware taxpayers! Dated 23/7/21

https://bit.ly/3Pr4fRX

7. e-SPC via the MyTax link (by employers only) 23/2/21

https://bit.ly/3QrLOOr

8. With effect from 1/1/2021, IRB has changed new forms on 12/1/21

https://bit.ly/3QiNp97

9. 8 out 10 HR don’t do this for IRB (According to our experience) 21/12/20

https://bit.ly/3JVp07c

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自雇人士公积金

自雇人士公积金
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自雇人士申请 KWSP i-Saraan 政府津贴 15%

1. 什么是KWSP I-Saraan ?

· KWSP I-Saraan是政府所推出的自雇人士自缴公积金补贴计划,让自雇人士为退休储蓄。

2. 谁属于自雇人士?

· 没有固定收入的自由业者

· 家庭主妇

· 独资经营者或合伙企业

· 小贩业者

· 网卖店主

3. I-Saraan 的6大好处?

· 保障会员未来的退休生活素质

· 为退休储蓄赚取EPF的年度红利

· 自行决定缴付限额 & 日期

· 豁免税务高达 RM4,000.00

· 身故赔偿:RM2,500

* 受公积金条款及细则约束

· 60 岁以下的会员每年可获得政府所补贴的 15% 或最高RM250的一次性津贴。这津贴将从 2018 年持续到 2022 年。

4. I-Saraan 申请条件

· 马来西亚公民

· 自雇人士

· 公积金会员

· 60岁以下

5. I-Saraan 如何申请

· 通过I-Saraan Online Registration网上提交,或是

· 提交KWSP 16G (M) 表格到临近的分行

6. 如何缴付I-Saraan?

· 银行网上转账

· 银行柜台

· 临近的EPF分行

· EPF线上户口 – I-Akaun

7. 更多详情请游览: · https://www.kwsp.gov.my/member/contribution/i-saraan

Source :

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An approved audit firm and licensed tax firm operating under the KTP group based in Johor Bahru providing audit, tax planning, advisory and compliance services to clients

THK (Secretarial, Bookkeeping, Payroll, Advisory)

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Horror Story in Accounting Firm

Horror Story in Accounting Firm
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Horror Story in Accounting Firm

Is working in an accounting firm a stressful job?

Below is an uncensored horror story from our colleagues from our Peak 2022 :

• Client call me the status today when they book in yesterday.

• Client only give me 2 hours to out audit for 2 company.

• Audit is kind of figure plug in job, all the information and listing is provide by client, why audit firm still need to charge few thousand Ringgit?

• Financial consultancies is part of auditor and tax job, Firm should giving guidance and a confirm answer to client, not matter is SST, custom duty, register of foreign worker, or every accounting double entry.

• Client expect auditor to check every single transaction in the management account to act as an account reviewer.

• Client always expect the tax agent can estimate the nearest tax estimation for the year with sales amount for certain months only.

• Client asked me to out account to his sister-in-law’s house because he said he kept the computer at his sister-in-law’s house.

• Client request report but revised management account with wrong costing calculation.

• During my peak, there is one client told us to do field audit for 2 hours only when there is a lot of document need to be vouched.

• Client call me to ask about my qualification and how long I work in a company for.

• Client always want us to confirm the tax treatment of the company which not audited or tax done by us.

• When we arrive client’ company, account personnel ask we sit down and listen talk around 1 hour.

• Client keep calling and said urgent things to discuss but end up talk about personal issue.

• Client insist to have virtual meeting whole day to watch them for vouching every single document required instead of email us directly the softcopies.

• No aircond and poor air ventilation when field work at client’s place, they ask us not to stay so long and finish audit quickly but they have many document we need to vouch.

• When vouching document one cockroach coming out from the file.

• Taking client’s file out from a dusty box, saw a 5cm dead spider inside the box.

• One of the client ask status after few days book in, he thought small business nothing inside we can finish within 1 day, but their accountant always didn’t make any audit adjustment. I have to adjust opening balance before proceed. This year also have a lot of audit adjustment, I guess they also didn’t make the adjustment to their account, pity next year PIC.

• Client ask specimen of charge form more than one time but still haven’t provide us charge form yet.

• Client request to increase RM1 share capital.

• Client reply the queries very slow but at the same time rushing us when can complete.

• Client request ctc for company statutory form but client refuse to pay printing fee, so client print out the documents by themselves and deliver to us for CTC. But some of the documents already ctc by previous secretary. End up we need to print a new pages to CTC with new secretary.

• Client give 1000+ pages of hard copy general ledger, refuse to give soft copy and expect to received final audited report in 1 week time due to bank request.

• Client spend 3 months to answer audit query, at the end blame us that could not meet our promise which complete the job within 2 months.

• When we ask for supporting document from client, they replied “You don’t believe your own client ah? How you do business? I think we have a trust issue now!”

• 顾客的opening balance 不对就早早book in 给我们了。然后说已经很早就book in了为什么 audit还没好?然后把我们当成是Accountant. 询问audit queries but 一个月后才回我们。

• Client does not provided the correct Management account and hope us can done it fast. Some of the accountants do not make adjustments for the subsequent year as per they promised would make adjustments in the next financial year.

• The book in client need us ask the same things every year. Eg some client know we need the term loan statement to proceed the term loan working paper but every year need us to ask for the statement.

 

Source :

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KTP (Audit, Tax, Advisory)

An approved audit firm and licensed tax firm operating under the KTP group based in Johor Bahru providing audit, tax planning, advisory and compliance services to clients

THK (Secretarial, Bookkeeping, Payroll, Advisory)

A licensed secretarial firm in Johor Bahru providing fast reliable incorporation, secretarial services, corporate compliance services, outsourcing bookkeeping, and payroll services to clients

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What is the tax treatment for income tax borne by the employer?

What is the tax treatment for income tax borne by the employer?
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What is the tax treatment for income tax borne by the employer?

Perquisite

Perquisite, in relation to employment, means benefits in cash or in kind that are convertible into money received by an employee from the employer or third parties in respect of having or exercising the employment.

What does tax borne by employer mean?

Do employers pay income tax for employees?

No, employers do not pay income taxes for their employees. Employees are solely responsible for income tax payments, which employers must withhold.

What if? There is good employer who pays employee tax?

The agreement by the employer to pay the income tax of the employee does not relieve the employee from tax liability on the amount of income tax borne by the employer.

'Income Tax is borne by employer' is a form of income and is chargeable based on Section 13(1)(a) of the ITA 1967.

In short, tax borne by the employer is a taxable perquisite to the employee.

Source :

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KTP (Audit, Tax, Advisory)

An approved audit firm and licensed tax firm operating under the KTP group based in Johor Bahru providing audit, tax planning, advisory and compliance services to clients

THK (Secretarial, Bookkeeping, Payroll, Advisory)

A licensed secretarial firm in Johor Bahru providing fast reliable incorporation, secretarial services, corporate compliance services, outsourcing bookkeeping, and payroll services to clients

KTP Lifestyle

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Key Amendments to the Employment Act 1955

Key Amendments to the Employment Act 1955
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Key Amendments to the Employment Act 1955

Presumption of employment

The Bill provides that in the absence of a written contract and unless proven otherwise, there will be presumption of an employment relationship if the following factors are given:

  • his/her work or hours of work are subject to control by another person;

  • he/she is equipped with tools, material or equipment by another person to execute his work;

  • his/her work constitutes an integral part of another person's business;

  • his/her work is performed solely for the benefit of another person; or

  • payment is made to him/her for work done at regular intervals and it constitutes the majority of his/her income.

Calculation of wages for an incomplete month

The Bill provides a new section in the Act that introduces the below formula for calculating wages where an employee has not worked a full month:

Extension of maternity leave

Previously, the Act provided a 60 days maternity leave for all female employees, subject to the conditions of the Act. Now, when the Bill comes into force, eligible female employees will be entitled to 98 days of maternity leave.

Restriction on termination of pregnant employees

The Bill introduces a new section in the EA which prohibits an employer from terminating an employee who is pregnant or is suffering from an illness arising out of her pregnancy, except under specific circumstances such as willful breach of contract, misconduct or closure of the employer’s business. It is vital on employers to prove that the termination was not due to pregnancy.

Paternity Leave

Married male employees will now be entitled to 7 consecutive days of paternity leave up to 5 confinements.

Sexual harassment

The Bill introduces a new section which requires employers to conspicuously exhibit a notice to raise awareness of sexual harassment in the workplace. The sexual harassment provisions are still viewed as weak and limited. The Anti Sexual Harassment Bill 2021 would provide more guidelines upon being passed. It is currently in its first reading in Parliament.

Employment of foreign employees

Approval must be obtained from the Director-General of Labor to employ a foreign employee. Upon the employer satisfying the conditions listed in the Act, approvals are granted. Failure to obtain an approval is an offense, and on conviction, the employer shall be liable to a fine not exceeding RM 100,000 and/or to imprisonment for a term not exceeding five years.

Reduction on working hours

Previously, the Act provided 48 hours as regular working hours. With the Bill coming into force, the regular working hours will be reduced to 45 hours a week.

Flexible working arrangements

Employees can apply for flexible working arrangement, depending on the suitability of the working hours or work place. However, there is no legal obligation on the employer to grant this request. If the employer is to reject the request, they are required to provide grounds of refusal within 60 days of the application.

Discrimination

The Director General has the authority to investigate and decide disputes on discrimination in employment between employer and employee. Furthermore, the Director General has the power to make an order where necessary. However, this provision is vague and it does not define discrimination. Job seekers will not be able to rely on this provision as there is no employment relationship between an employer and job seekers, and as such this provision will not apply to protect job seekers from discrimination.

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What is Unclaimed Money Act in Malaysia

What is Unclaimed Money Act in Malaysia
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About the Unclaimed Money Act 1965

关于1965年无人认领款项法令

Minister of Finance appointed Accountant General as a Registrar to:

财政部长任命总会计师去执行以下责任:

 - Be a trustee to the unclaimed moneys received

- 成为收到的无人认领款项的受托人

 - Refund the unclaimed moneys to claimants

- 将无人认领的款项退还给索赔人

 - To ensure company comply with the Act

-确保公司遵守该法令

 - To impose penalty if offence committed

- 如果发现犯罪,将处以罚款

What are unclaimed money?

什么是无人认领的款项?

1.       You are required to pay money to the person/company legally but remained unpaid more than one year.

Such as: Salaries, bonus, dividend, fixed deposit, sundry creditors and etc

你依法应支付但超过一年仍未支付的款项

例如:薪水,员工花红,股息,定期存款,杂项供应商等等

 2.       Bank account has no any transaction for more than 7 years.

Such as: saving account, current account and fixed deposit (with automatic renewal instruction)

 银行存款超过七年没有交易

例如:储蓄户口,来往户口,自动更新的定期存款

 3.       Trade creditor or trade debtors (credit balance) remained dormant more than 2 years

 供应商或 顾客(credit balance)保持休眠状态超过两年

How to register and lodge unclaimed moneys?

如何登记和提交无人认领款项?

 Company shall record all unclaimed moneys in a register.

持有无人认领款项的公司应将所有无人认领款项记录在登记册中,

Company shall lodge register all the unclaimed moneys up to 31 December annually together with unclaimed moneys by 31 Mar of next year

公司每年需提交直至12月31日无人认领款项详情以及支付

截止日期:隔年3月31日

Guideline on submission of unclaimed moneys (2020 edition)

提交无人认领款项指南(2020年版)

http://www.anm.gov.my/images/bwtd/2020/BI/2.%20Guideline%20on%20Submission%20of%20%20Unclaimed%20Moneys%20(2020%20Edition).pdf

If you didn’t do so?

如果你不做,会怎样?

Company and every officer who is in default is liable to a fine not exceeding RM 20,000.

A further fine not exceeding RM1,000 for each day if the offence continues.

公司以及有关联人物将处以不超过两万令吉的罚款。再犯者,将另外处以每天不超过一千令吉的罚款

 Reference:

http://www.anm.gov.my/images/PDF/wtd/Lampiran%201%20(English%20Version).pdf

http://www.anm.gov.my/images/bwtd/2020/BI/2.%20Guideline%20on%20Submission%20of%20%20Unclaimed%20Moneys%20(2020%20Edition).pdf

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#unclaimedmoney

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IRB New Public Ruling 2022

IRB New Public Ruling 2022
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IRB New Public Ruling 2022

Public Ruling 2/2022 - Tax Incentive for Organising Conference in Malaysia

This PR is the 1st edition and the objective of this PR is to provide an explanation on the tax incentive available to conference promoter promoting and organising conferences in Malaysia as its main activity and

Public Ruling 3/2022 - Taxation of Foreign Fund Management Company

This PR is the 3rd edition and it replaces the PR No.7/2019dated 3 December 2019 with new updates and amendments.

Source

PR 2/2022 Tax Incentive For Organising Conferences In Malaysia

https://phl.hasil.gov.my/pdf/pdfam/PR_02_2022.pdf

PR 3/2022 Taxation Of Foreign Fund Management Company

https://phl.hasil.gov.my/pdf/pdfam/PR_03_2022.pdf

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KTP (Audit, Tax, Advisory)

An approved audit firm and licensed tax firm operating under the KTP group based in Johor Bahru providing audit, tax planning, advisory and compliance services to clients

THK (Secretarial, Bookkeeping, Payroll, Advisory)

A licensed secretarial firm in Johor Bahru providing fast reliable incorporation, secretarial services, corporate compliance services, outsourcing bookkeeping, and payroll services to clients

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THK Management Advisory Sdn Bhd

Wisma THK, No. 41, 41-01, 41-02, Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru, Johor, Malaysia.
+6012-771 7903
+607-361 3443
 
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