Capital Gains Tax

Capital Gains Tax: Implementation and effects with Income Tax and RPGT

On 29 December 2023, the Finance (No.2) Act 2023 was published, and with it, the tax laws governing Capital Gains Tax (“CGT”) were formally enacted.

Who is affected?

  • Companies
  • Trust Bodies
  • Limited Liability Partnerships (LLP)
  • Co-Operative Societies

Implementation Dates

Effective dateTypes of Capital Assets Affected
1 Jan 2024Foreign Capital Assets
1 Mar 2024*•Local Unlisted Shares
•Shares Deemed Acquired in Malaysia Pursuant to Section 15C of the Income Tax Act

*The effective date has been deferred to 1 March 2024 with the gazette of Income Tax (Exemption) (No.7) Order 2023.

Types of Capital Assets subject to this CGT

  1. Local unlisted shares
  2. Section 15C
    • foreign unlisted company shares deemed acquired in Malaysia
  3. All types of foreign capital assets

CGT Tax Rates

Effective date of acquisitionTypes of Capital Assets
Affected
Malaysian unlisted company shares
acquired before 1 January 2024
10% on gain or 2% on gross
proceeds
Malaysian unlisted company shares
acquired after 1 January 2024
10% on gain
Foreign sourced capital gains i.e capital
gains from disposals of assets held outside
Malaysia and acquired at any time in the
past
Taxpayer’s prevailing tax rate

How e-Invoice actually works?

The e-invoice workflow

So how does the whole process of sending and receiving of e-Invoice is like and how long does it take for the validation process?

While it involves a series of complex procedures to ensure a safe digital transaction between supplier and buyer, most of the processes will be conducted within the system, and does not require user’s intervention, and for the validation process, according to LHDN, it will be conducted electronically, which can be done instantly or near-instantly.

Step 1: Issuance of e-Invoice.
The whole e-invoice process begins when a sale and or transaction is made (including e-invoice adjustments), which the supplier or sender create and e-Invoice to share to IRBM via Myinvoice Portal or API for validation. For accounting solution such as AutoCount, this feature is connected through API, by including e-Invoice within our system, users can have a more complete and automated invoicing process, without the need of accessing portal often to send and receive invoices.

Step 2: Validation of e-Invoice.
As the submitted data needs to be validate before release, to ensure the e-Invoice meets the necessary standards and criteria, and according to info provided by LHDN, the validation process by IRBM is in real time or near-instantly.

After the validation process, the supplier will receive a Unique Identifier Number from IRBM within the platform they operates on, and the number will allow IRBM to trace as to reduce instances of tampering with e-Invoice, further strengthen the transaction’s safety and transparency.

Step 3: Notification of validated e-Invoice.
After e-Invoice validation, IRBM will notify both supplier and buyer, either in MyInvoice Portal or APIs.

Step 4: Sharing of e-Invoice.
Upon validation, the supplier is obliqued to share the cleared e-Invoice with the buyer, with a QR code embedded within, which the purpose is to validate the existence of the e-invoice by enablling checking or view in official MyInvois portal.

Step 5: Rejection/Cancellation of e-Invoice.
After the e-Invoice has been issued, a stipulated period of time is given, to allow buyer to request for rejection of the invoice or supplier to cancel the e-Invoice in the process. In this stage, any rejection or cancellation request must be accompanied by justifications.

Step 6: MyInvois Portal.
While there might seems like there are a series of complex procedures involved to send and share invoices, but worry not, with solution such as AutoCount, the e-Invoice feature will be embedded within the system, which users only have to select or enter some basic detail to generate invoices, and let the system automates the rest while keeping you updated, integrating official e-Invoicing within the system also maintain a better data integrity, accuraccy and safety.

LHDN e-Invoice Implementation Updates in Malaysian Budget 2024

A revision to the new e-Invoice implementation timeline for businesses has been announced during the Malaysian Budget 2024, with an update of the postponement of the start date and a shorter target timeframe for full implementation for every taxpayer.

The updated detailed timeline is as follows:

  • 1 August 2024: Implement on taxpayers with an annual turnover of RM100 million and above.
  • 1 January 2025: Implementation towards taxpayers with an annual turnover of RM25 million to RM100 million.
  • 1 July 2025: To achieve full and comprehensive implementation on other remaining taxpayers.

2020 MALAYSIAN BUDGET PROPOSAL

2020 MALAYSIAN BUDGET PROPOSAL

Important tax proposals on the Budget 2020 that would affect relevant to SME and Individual Tax Payers are described below.

Corporate Income Tax for Small and Medium Enterprises (SME)

Currently:

  • SME is defined as Company resident in Malaysia with paid-up capital is not more than RM2.5 million.
  • Subject to income tax at the rate of 17% on the first RM500,000 of chargeable income. The remaining chargeable income is taxed at 24%.

Budget 2020 Proposal:

  • Definition of SME to include a requirement of annual sales of not more than RM50 million, in addition to the paid-up capital requirement.
  • Chargeable income to be increased from RM500,000 to RM600,000.

Effective date: Year of Assessment 2020

Capital Allowance (CA) for Small Value Assets (SVA)

Currently:

  • Qualifying expenditures on assets valued RM1,300 and below are eligible for 100% of special allowance and there is no limit for SME.
  • For non-SMEs the total SVA is limited to RM13,000 for each year of assessment.

Budget 2020 Proposal:

  • Qualifying expenditure of SVA to be increased from RM1,300 to RM2,000.
  • For non-SMEs the limit of total SVA to be increased from RM13,000 to RM20,000 for each year of assessment.

Effective date: Year of Assessment 2020

Tax deduction on Secretarial fee and Tax filing fee

Currently:

  • Secretarial fee is allowed up to RM5,000 for each year of assessment.
  • Tax filing fee is allowed up to RM10,000 for each year of assessment.

Budget 2020 Proposal:

  • To combine both secretarial fee and tax filing fee and to be allowed up to RM15,000 for each year of assessment.

Effective date: Year of Assessment 2020

Change in Individual Income Tax rate

Currently:

  • Tax rate for a resident individual with chargeable income exceeding RM2 million is 28%.
  • Tax rate for a non-resident individual is 28%.

Budget 2020 Proposal:

  • Tax rate for a resident individual with chargeable income exceeding RM2 million to be increased to 30%.
  • Tax rate for a non-resident individual to be increased to 30%.

Effective date: Year of Assessment 2020

Allow SMEs to defer paying income tax till December 2020

Allow SMEs to defer paying income tax till December 2020

Accountants urged the Government to permit small- and medium-sized enterprises (SMEs) to defer income tax instalment payments up to December 2020 instead of a three-month period ending in June 2020.

The Malaysian Institute of Certified Public Accountants and Malaysian Rating Corporation Bhd said that several SMEs were facing bankruptcy as their cash flow and revenue ran out with overhead expenses accumulated with the movement control order. The Government could consider extending the deferment until December 2020 as the impact of supply chain disruptions would be felt even after the COVID-19 outbreak ends.

The Government permits all SMEs to postpone income tax instalment payments for a three-month period commencing 1 April 2020 under the Prihatin Rakyat Economic Stimulus Package. This measure is in addition to the tax instalment payment postponement provided to impacted businesses in the tourism sector for six months, also beginning from 1 April 2020.

The accountants said that it is essential for financial institutions, namely commercial banks and development financial institutions, to step forward at this critical moment in Malaysia’s economic history. It is necessary that they continue to introduce funds into the economy and support economic activities by lending to viable businesses.

Otherwise, Malaysia could end up with thousands of business failures which would have dire implications on the financial system, economy and labour market. The two organisations said that the surge in business failures could also trigger large-scale social problems.

Source: Free Malaysia Today

Malaysia commits to international tax standards

Malaysia commits to international tax standards

Malaysia, in principal, has committed to implement and adhere to Base Erosion and Profit Shifting (BEPS) Action Plan. It has officially joined the OECD Inclusive Framework on BEPS as Associate Members. The framework emphasises on four minimum standards:

• Action 5 – Countering Harmful Tax Practices More Effectively, Taking into Account Transparency and Substance

• Action 6 – Preventing the Granting of Treaty Benefits in Inappropriate Circumstances

• Action 13 – Guidance on Transfer Pricing Documentation and Country-by-Country Reporting

• Action 14 – Making Dispute Resolution Mechanisms More Effective

In addition, the Forum on Harmful Tax Practices (FHTP) has identified certain Malaysian incentives for evaluation on the basis that it provide preferential regimes for mobile geographical services activities related to intellectual property and non-intellectual property. The incentives are as follows:

Intellectual property incentives

Non-intellectual property incentives

Principal Hub
Pioneer Status (High Technology)
Biotechnology Industry (BioNexus)
MSC Malaysia

Biotechnology Industry (BioNexus)
MSC Malaysia
Principal Hub
Pioneer Status (Contract R&D)
Treasury Management Centre
Economic Development Regions [Iskandar Malaysia (IM), East Coast Economic Region (ECER), Sabah Development Corridor (SDC)]
Approved Services Project
Green Technology Services
Labuan Leasing Services
Foreign Fund Management
Inward re-insurance and offshore insurance
Malaysian International Trading Company

The Ministry of Finance (MoF) has released timelines where the above mentioned tax incentives shall be amended to meet the FHTP criteria. The Ministry of Finance is working with the Inland Revenue Board and related ministries/agencies to review the incentives in order to meet the criteria set under the FHTP.

Kindly visit the MoF website for further information.

Source: MoF website, 12 June 2018

IRB goes after taxpayers who have not filed tax returns for more than three years, 20 July 2017

IRB goes after taxpayers who have not filed tax returns for more than three years, 20 July 2017

The Inland Revenue Board (IRB) has launched an operation to track down 3,445 taxpayers who did not file their tax returns for more than three YAs. According to the IRB Deputy Chief Executive Officer (Policy), they will be focusing on external and table audits on 1,687 companies and 1,758 individuals from 17 July to 21 July 2017.

Source: Malay Mail Online, 17 July 2017

Company director charged for wilful evasion

Company director charged for wilful evasion, 03 July 2017

The director of Ayam Wira Food Processing Sdn Bhd pleaded guilty to charges of wilful evasion under s 114(1)(b) of the Income Tax Act 1967 for making a false statement or entry in the corporate tax returns for YAs 2012 and 2013.

Based on the Inland Revenue Board (IRB)’s investigation, the company was found to have falsified purchase invoices from seven suppliers amounting to RM2,648,098 and RM374,448 for YAs 2012 and 2013 respectively. This led to an under-declaration of taxes amounting to RM662,024.50 and RM93,612.00 for YAs 2012 and 2013 respectively.

The court imposed a total fine of RM13,500 and penalty thrice the amount totalling RM2,266,909.50.

Source: IRB website, 14 June 2017

Director charged for sales tax evasion, 09 June 2017

Director charged for sales tax evasion, 09 June 2017

A logistics company director was charged for submitting false sales tax declaration on contact lenses worth RM2.88m two years ago. The director was charged for:

• submitting declarations amounting to RM29,494.03 when the actual tax should have been RM311,052.75, and

• falsely declaring 10,817 boxes of imported contact lenses when 129,818 were brought into the country.

He pleaded not guilty.

Source: Malay Mail Online, 7 June 2017

Income tax Payment Codes

Income tax Payment Code

While making tax payment through various tax payment options, taxpayers have to specify a few information such as Name of Taxpayer/Employer, Income tax number/Employer number, Identity number and Payment Code.

Payment code is referring to the type of tax that categorized by Inland Revenue Board (IRB) or Lembaga Hasil Dalam Negeri (LHDN) Malaysia. Details on Tax Payment Code are tabulated in the table below.

Item Payment Code Description
1 084 Tax Instalment Payment – Individual
2 086 Tax Instalment Payment – Company
3 088 Investigation (Composite) Instalment Payment
4 090 Real Property Gain Tax Payment (RPGT)
5 095 Income Tax Payment (excluding instalment scheme)
6 150 Penalty Payment For Section 103A / 103 [tax not paid]
7 151 Payment Section 108
8 152 Penalty Payment For Section 108
9 153 Penalty Payment For Composite
10 154 Penalty Payment For Section 107C(9) [CP204 estimation not paid / 107B(3)
11 155 Penalty Payment For Section 107C(10) [CP204 under estimation by > 30%] / 107B(4)
12 156 Payment For Court Fee
13 157 Payment For Interest On Judgement Amounts
14 158 Instalment Payment Approved by Audit
15 159 Instalment Payment Approved by Collection Unit
16 160 Instalment Payment Approved by Civil SuitUnit
17 173 Payment For Legal Fee
18 178 Payment Section 108 (Sec 25)
19 181 Penalty Payment For Section 25
20 196 Tax Settlement
21 197 Tax Settlement – Employer
22 250 Penalty Payment For RPGT – Disposer
23 286 Penalty Payment For RPGT – Acquirer
24 092 Monthly Tax Deduction (MTD)