IRB不再打印+发E表格(Form E) 给雇主

从2018年度起，其他雇主(除公司以外) 如欲提交E表格的hardcopy，必须从IRB的官方网站下载并打印PDF格式的E表格

所以…

• 雇主不用等待IRB的E表格

• 雇主不用打电话给IRB

• 雇主不用投诉税务代理

Form E + Form EA 指导说明

E表格电子申报

• 公司（私人有限公司，LLP等）：强制性电子申报

• 其他公司类型：鼓励使用电子申报，但不是强制性的

罚款 Form E

*逾期提交

*认为没有收到（ie即使您提交IRB，IRB也不会接受）

    **手动申报而不是公司强制性电子申报

    **无法满足非公司雇主下手动申报的表单规   范要求

罚款 $$$$

* RM200至RM20,000

* 入狱少于6个月

* 或两者

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Due Date - Give Employee a Copy of Form EA

28 February 2021
 

Due Date - Submit Form E to IRB

31 March 2021
 

E Filing of Form E 2020

• Companies: Compulsory

• Others type of companies : Encourage to use E filing but not compulsory

Start : 1 March 2021
 

E-Data Praisi

Employer, who is under E-Data Praisi, is exempted for Form EA (ie CP8A)
 

Exemption on Form EA 2020

Sole Proprietorship, partnership who don’t have any employee

Source : No 13 of E 2020 explanatory note

Question on Form EA

Form EA is applicable to ALL employee?

* Answer in the comment section! We will come back in due course.
 

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What is the CP58?

It is a statement of monetary &  non-monetary incentive payment to an agent, dealer or distributor  pursuant to Section 83A of the Income Tax Act 1967.
 

CP58 has 2 categories:

1. Monetary payment: Payment in cash. For examples, commission and bonus.

2. Non monetary payment: Included car, house, travel ticket, accommodation, ground tour, food & drinks.
 

Who are required to prepare CP58?

All companies need to prepare and render to  its agents, dealers and distributors if the amount of monetary and non  monetary incentive exceeds RM5,000.00 during the calendar year.
 

When to submit CP58?

Furnish to agent, dealer and distributor before 31st March on the following year;

Furnish to LHDN - Only need to submit upon request by IRB.
 

What if you fail to furnish CP 58 to LHDN during the notice in writing?

Failure to furnish is an offence under subsection 120(1) of the Income Tax Act 1967.

Payer company liable fine of not less than  RM200.00 and not more than RM20,000.00 or to imprisonment for a term not  exceeding six months or both.

However, if LHDN request for listing of CP58 information, a taxpayer company is required to submit all information including amounts below RM5,000.00
 

IRB Official Guideline on CP58
 

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Form EA 和 CP58 是什么？

Form EA

它是一份员工的年度薪酬报表， 报表中 列出员工过去一年的收入福利，每月预扣税（PCB），公积金等等。
 

CP58

它是一份收入列表将列出支付给代理商，经销商或分销商的现金和非现金奖励。
 

Form EA 呈报种类

• 工资，薪水，休假工资，佣金，奖金，酬金，花红，董事费，津贴

• 公司汽车，汽油津贴，水电费津贴，电话费津贴，家佣

• 住宿福利

• 失业补偿金

• 退休金
 

CP58 呈报种类

• 现金奖励：佣金，奖励金，花红

• 非现金奖励: 汽车，房屋，旅行配

套，代金券
 

Form EA 截止日期

每年2月的最后一天之前须分发给员工
 

CP58 截止日期

每年3月31日之前须分发给代理商，经销商或分销商

* Form EA 和 CP58 不必呈交给税务局
 

Form EA 和 CP58 罚款

Form EA 和 CP58 罚款一致，如果没有呈报，将会有RM200至RM20,000的罚款或不超过6个月的监禁，或两者兼施
 

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[Latest update] (which is super long overdue ?!🤣😅)of tax incentive for food production

Timeline of the incentive for food production

1. YAB Dato' Sri Mohd Najib Tun Haji Abdul Razak, Prime Minister and Minister of Finance tabled The Budget 2016 on the 23rd October 2015.

2. INCOME TAX (EXEMPTION) (NO. 6) ORDER 2020 P.U. (A) 373/2020 was gazetted on 24th December 2020.

3. INCOME TAX (DEDUCTION OF INVESTMENT IN NEW FOOD PRODUCTION PROJECT OR EXPANSION PROJECT) RULES 2020 P.U. (A) 374/2020 was gazetted on 24the December 2020.
 

Things to do (if you are in the food production industry)

1. Discuss with your tax agent

2. Apply the tax incentive with MOA.

3. Resubmit the tax return once MOA approve the application of tax incentive.

4. Wait for tax audit.

5. ....
 

Overview of the tax incentive for the food production

Income Tax (Exemption) (No. 6) Order 2020

Effective Date : 1 Jan 2016

Salient Points :

(A)100% exemption on statutory income on new food production project for 10 consecutive YAs.

Application is to be made to the Ministry of   Agriculture and Food Industries (MOA)   between 1 January 2016 until 31 December   2020.

The project must not have commenced on the date of making the application.

(B)  Expansion project that is approved by the Minister in relation to the new food production project in (a) above, for 5 consecutive YAs.

The scope of new food production include planting of industrial crop and cash crop, rearing of deer, rearing of honey and urena lobata bees, and planting of feed mill & etc.
 

Income Tax (Deduction of Investment in New Food Production Project or Expansion Project) Rules 2020

Effective Date : 1 Jan 2016

Salient Points :

(A)Provides tax deduction equivalent to the value of investment (in cash or ordinary share capital) made in a related company that undertakes a new food production or expansion project approved under the Income Tax (Exemption) (No. 6) Order 2020 (“qualifying project”)

(B)  Application is to be made to the MOA between 1 January 2016 until 31 December 2020.

(C)  The deduction for a YA shall be equivalent to the expenditure incurred by the related company for the qualifying project in the basis period for the same YA, and for a period approved by the Minister.

(D) The deduction shall cease in the YA the related company commences its tax exemption period upon having its first statutory income from the qualifying project.

(E) For investments in ordinary shares, the deduction claimed will be clawed back if the investment is disposed of within 5 years from the date of investment. The disposal consideration shall be added to the adjusted income of the company in the YA it is received but shall not exceed the total deduction claimed in relation to the investment

#ktp

#thk

#taxincentive

#foodproduction

#IRB

#MOA

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The tax highlights of Budget 2021 include:

• Preferential corporate income tax rate of 0% to 10% for 10 years for manufacturers of pharmaceutical products

• Extension and expansion of existing tax incentives that have worked well. In particular, the preferential tax rates of 0% to 10% for selected manufacturers to relocate their operations to Malaysia will be extended to companies in selected services sectors and the application period will be extended to 31 December 2022.

• & more...

Download KTP Ebook  on Tax Budget 2021 Key Summary for Company

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[𝐌𝐂𝐎𝟐.𝟎] 𝐒𝐒𝐌 𝐧𝐞𝐰𝐬 @ 𝟏𝟐/𝟏/𝟐𝟏

Key Summary on SSM news @ 12/1/21 :

1. No extension of deadline !

2. No extension of deadline !

3. No extension of deadline !

4. The rest which is @#$%& .. (read yourself)
 

SSM public announcement @ 12/1/21

SSM service counter will be closed from 13 to 26/01/2021 in 6 state under mco. Other states under cmco and rmco, will operate as usual.

Dropbox service at all SSM office will operate as usual.

SSM encourage to use online service in deal with SSM matter via the link.

Renewal of business registration is available at counter BSN and BKRM

Due to closure of MBRS, lodgment of annual return and audited financial statement can be done via Dropbox or post.

All appointment with SSM during MCO for 6 state to be cancelled. Re-application for appointment is required for slot 27 January 2021 onward, subject to further announcement from time to time.

Source : https://www.ssm.com.my/.../AnnouncementDetails.aspx...
 

#KTP

#thks

#SSM

#noextensions
 

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Confused over construction accounting Q&A Part III

Today we cover Q&A #3 on recognition and measurement in the construction accounting following our first sharing on the business cycle in last week.

We will run a series of our training note to our clients and new colleagues on contract accounting. Stay tune

Next is the tax treatment on the construction account.

Step by step on construction accounting.

#1 Determine the % of completion
  1.1 Progress bill method
        = Actual work done to date/contract sum
        … OR

  1.2 Cost method
        = Actual work done to date/budgeted cost

#2 Revenue Recognition = % of completion x contract sum

#3 Cost recognition = % of completion x budgeted cost

#4 Amount due / (to) from customer

#5 Disclosure on financial statement in construction accounting
     5.1 Recognition method used
     5.2 Amount due/(to) from customer
 

#KTP

#Thk

#ConstructionAccounting

#contractaccounting

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IRB has changed new forms on with effect from 1/1/2021.

1. CP21 - Notification by Employer on Employee's departure from Malaysia
 

2. CP22 - Notification of New Employee
 

3. CP22A - Notification of Cessation of Employment
 

Penalty on non compliance on CP21, CP22 & CP22A

Delay in submitting the application for tax clearance may be subjected to penalty. The penalty will be in the form of fines between MYR 200 and MYR 20,000 and imprisonment for up to six months.

LHDN may take legal action against the employer who fails to pay the outstanding tax as per the Tax Clearance Letter.

#ktp

#thk

#taxclearance

#IRB

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The tax highlights of Budget 2021 include:

• Reduction in personal income tax rate by one percentage point for tax resident individuals for chargeable income in the band of RM50,001 to RM70,000
• Preferential 15% personal tax rate for non-Malaysian citizens holding key positions in companies that relocate their operations to Malaysia under the PENJANA incentive package
• & more

Click here: KTP Ebook on Tax Budget 2021 Key Summary for individual

𝐇𝐨𝐰 𝐦𝐮𝐜𝐡 𝐜𝐚𝐧 𝐢 𝐰𝐢𝐧𝐝 𝐮𝐩 𝐦𝐲 𝐝𝐞𝐛𝐭𝐨𝐫 𝐰𝐡𝐨 𝐫𝐞𝐟𝐮𝐬𝐞 𝐭𝐨 𝐩𝐚𝐲 𝐦𝐞?

Inability to pay debt under the Company Act 2016

The amount of indebtedness for the purposes of “𝐢𝐧𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝐭𝐨 𝐩𝐚𝐲 𝐝𝐞𝐛𝐭𝐬” under section 466(1)(a) of the Companies Act 2016 has been increased to an amount exceeding 𝐑𝐌𝟓𝟎,𝟎𝟎𝟎 from 1 January 2021 until 31 March 2021.1

21 day notice served at registered office

During the aforesaid period, a creditor may only commence winding-up proceedings against a debtor company for inability to pay debts under section 466(1)(a) if the debtor company fails to satisfy a debt exceeding RM50,000, or to secure or compound the said sum with the creditor, within 21 days after a notice of demand has been served upon the debtor company at its registered office.

Past threshold of wining up proceeding

The previous threshold is RM10,000 & above of indebtedness.

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Why I have to PAY TAX even though not yet received my money???

Mr X (Director): Aiya..I haven’t received my director fee which accrued in YR2019 account because of this Covid-19.

Mr K (Tax Agent): Oh.. So sad to hear about this.. But, did you pay your PCB for the accrued director fee?

Mr X (Director): Why I need to pay??? I haven’t received my director fee!!!

Mr K (Tax Agent): You are required to do so if you are the person who has the right to control the company.

Mr X (Director): …… Yes, I am.

Mr K (Tax Agent): So, your director fee which accrued in Year 2019 is required to

• pay PCB before 15.01.2021 and
• reported in Year 2020 Form EA before 28.02.2021.

Deemed income provision under Income Tax Act

If you met the conditions under S29(4) of ITA:-

b) Individual who are relatives of each other

c) Person both of whom are controlled by some other persons

So, the “income” is required to declare in the Income Tax Return Form even though it is not yet received.

Director Fee (Past vs Now)

In the past, the directors receive the directors fees are not taxed on them until they are actually received,

But...

With effect from 2016, irrespective of whether the directors’ fees/bonus are actually paid in cash from the company bank account, or credited to the directors’ loan account...

... 𝐃𝐄𝐄𝐌𝐄𝐃 𝐑𝐄𝐂𝐄𝐈𝐏𝐓 is applicable.

It mean the directors must declare his/her director fee in personal tax in the following year.

Real Story of Deemed Income Provision under S29 (4) of the Income Tax Act

Given #1 Kena Tax Sdn Bhd Balance Sheet show :

• Accrual of director fee since 2018 RM100,000

• Accrual of director fee since 2019 RM150,000

• Accrual of director fee since 2020 RM200,000

Given #2 Director of Kena Tax Sdn Bhd never pay the personal tax on the director fee (assuming not yet receipt).

Given #3 Kena Tax Sdn Bhd never pay PCB on the accrued director fee.

Question to taxpayer;

• How to appeal to tax officer during tax audit on such accrual director's fee?

• Does IRB officer has the right to add back those accrued director fee in Kena Tax Sdn Bhd?

Trivial of Deemed Income Provision

PS #1 : Why our tax people always ask directors on the reporting of director fee?

PS #2 : Why our account people always review accrual account in the balance sheet for Form E compliance work?

𝐒𝐨𝐮𝐫𝐜𝐞𝐬 of Deemed Income Provision

Income Tax Act 1967 – Section 29(4) Basis period to which income obtainable on demand is related

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The accountant helps the boss to deduct interest expense on new warehouse for own business. Boss wants to buy new warehouse. But worry about the tax deduction on new borrowing on the proposed warehouse.

Interest definition as per IRBM

The return or compensation for the use or retention by a person of a sum of money belonging to or owed to another.

Tax treatment of interest expense

Deductibility of interest expense under paragraph 33(1)(a), in ascertaining the adjusted income of a person from a source for the basis period for a year of assessment, interest incurred and payable on money borrowed by that person and -

(i) employed in that period in the production of gross income from that source; or

(ii) laid out on assets used or held in that period for the production of gross income from that source

Example on interest expenses is an allowable expense

ABC Sdn Bhd which closes its account on 31 December every year borrowed RM10 million from Maybank in March 2008 to build a new factory for its own use.

The building is expected to be completed in January 2010.

Although the building has not yet been completed in the years 2008 and 2009, the interest expense incurred by the company in those years are allowed a deduction from its gross business income for the years of assessment 2008 and 2009 respectively.

The loan was laid out on asset held for the production of income.

Borrowing not used in business

Borrowed money not wholly and exclusively used in business like investment in property, shares, securities, interest free loan..

Interest is not deductible expenses

Pre-commencement of business

A person would not be given any deduction on the interest expense which he has incurred on borrowed money to construct a building or plant prior to commencement of his business.

Source : IRBM Public Ruling 2/2011 Interest Expense and Interest Restriction

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Confused over contract accounting. Wait no more!

We will run a series of our training note to our clients and new colleagues on contract accounting.

Today we cover Q&A on business cycle in contract accounting.

In general these 11 steps are common in the construction accounting.

Step 1 : Tender a project
Step 2 : Negotiate with customer
Step 3 : Enter agreement (if applicable)
Step 4 : Engage with sub-contractor
Step 5 : Start construction
Step 6 : Receive progress claim from sub-contractor
Step 7 : Verify the work done completed by sub-contractor
Step 8 : Send progress claim to customer
Step 9 : Customer verify the work done
Step 10 : Obtain progress claim certificate from customer
Step 11 : Issue invoice to customer

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IRB的最新裁定 - 过帐支票来纳税

请观看此视频1分钟视频更新@ KTP Youtube
 

New rules are coming to town!! Changes in tax treatment of secretarial and tax filing fees.
 

Overview

On 18.09.2020, the IRB had issued a technical guideline on tax deductions for secretary and tax agent fees effective from YA2020.

Key takeaway

• What is the current practice (YA 2019 and before)?
• Changes in year 2020 onwards
• What is the secretarial fee?
  • Deductible
  • NOT deductible
• What is tax filing fees?

Summary of learning

What is current practice (YA 2019 and before)?

Expenses incurred on secretarial and tax filing fees give a tax deduction of up to RM5,000 and RM10,000 respectively for each year of assessment (YA).

Changes in year 2020 onwards

Secretarial and tax filing fees being combined, such that a total deduction of up to RM15,000 per YA be allowed for both expenses from YA 2020 onwards.

Scenario:

ABC Sdn. Bhd. has received following invoices for financial year end is 31 December 2020 and made payment as follows:

What is the secretarial fee?  

Secretarial fee charged in respect of secretarial services to comply with the statutory requirements under the Companies Act 2016 is deductible as follows:

• Lodgement of annual return and Financial statements.
• Change of name
• Add or delete business activities
• Retainer fees
• Issuance or transfer of shares
• Update register of members and directors
• Appointment of director or auditor

*Condition to be made: Must be incurred and paid

General secretary charges NOT deductible:

• Incorporation fee for new company (include professional fees)
• Fee for acquisition of shelf company (include professional fees)
• Name search fee to SSM (include professional fees)
• Preparation of registration documents
• Company profile printout from SSM
• Professional fee for preparation of ordinary/ special resolution
• Professional fee for preparation of other resolution, confirmation letter to bank or solicitor
• Professional fees for preparation of trust deed
• Preparation fees for CTC documents
• Attestation fees for commissioner for Oaths

 What is tax filing fee?

A tax agent approved under the Income Tax Act 1967 (ITA) in respect of services provided for the:

• Preparation and submission of income tax returns
• Estimate of tax payables

A person in respect of services provided for the preparation and submission of returns in the prescribed form for the purposes of:

• Section 26 of the Sales Tax Act 2018
• Section 26 of the Service Tax Act 2018
• Section 19 of the Departure Levy Act 2019; or
• Section 19 of the Tourism Tax Act 2017

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