Tag: Tax Deduction

  • Deduction for Expenses in relation to Secretarial Fee and Tax Filing Fee

    Deduction for Expenses in relation to Secretarial Fee and Tax Filing Fee

    1. On 24 December 2021, the Minister, in the exercise of the powers conferred by paragraph 154(1)(b)read together with paragraph 33(1)(d) of the Income Tax Act 1967 [Act 53], gazetted the Income Tax (Deduction for Expenses in relation to Secretarial Fee and Tax Filing Fee) (Amendment) Rules 2021 [P.U. (A) 471].

    2. These Rules have an effect from the year of assessment 2022.

    3. Join our Telegram: http://bit.ly/YourAuditor

    🌻🌻🌻🌻🌻🌻🌻🌻🌻🌻🌻 1. 2021 年 12 月 24 日,部长行使 1967 年所得税法令第 154(1)(b) 段与 第 33(1)(d) 段所赋予的权力,在宪报颁布了2021年所得税(与秘书和报税有关的费用扣除)(修订)细则 [PU (A) 471]。

    2. 本细则从 2022 课税年度起生效。

    3. 加入我们的 Telegram:http://bit.ly/YourAuditor 🌼🌼🌼🌼🌼🌼🌼🌼🌼🌼

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  • Costs of Renovation and Refurbishment of Business Premise

    Costs of Renovation and Refurbishment of Business Premise

    Income Tax (Costs of Renovation and Refurbishment of Business Premise)(Amendment) Rules 2021 – PDF

    P.U (A) 481 – Income Tax (Costs of Renovation and Refurbishment of Business Premise)(Amendment) Rules 2021 – As at 27 December 2021

    P.U. (A) 381 – Income Tax (Costs of Renovation and Refurbishment of Business Premise)(Amendment) Rules 2020 – As at 28 December 2020

    1. On 27 December 2021, the Minister, in the exercise of the powers conferred by paragraph 154(1)(b) read together with paragraph 33(1)(d) of the Income Tax Act 1967 [Act 53], gazetted the Income Tax (Costs of Renovation and Refurbishment of Business Premise)(Amendment) Rules 2021 [P.U. (A) 481].

    2. These Rules have effect from the year of assessment 2022 to amend Subrule 3(1) of the Income Tax (Costs of Renovation and Refurbishment of Business Premise) Rules 2020 [P.U. (A) 381/2020]

    3. With this amendment, it is allowable to deduct the costs of renovation and renovation of business premises incurred by the person between March 1, 2020, and December 31, 2022, and used for its business to determine the adjusted income from the business on the Basis Period for the Year of Assessment.

    4. As a result, the Government has extended the eligibility period from December 31, 2021 [Under P.U. (A) 381/2020], to December 31, 2022.

    5. Join our Telegram: http://bit.ly/YourAuditor

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    1. 2021 年 12 月 27 日,部长行使 1967年所得税法令 [法案53] 第154(1)(b) 段和第33(1)(d)段所赋予的权力,在宪报上颁布了 2021年所得税 (营业场所翻修和翻新费用)(修正案) 细则 [P.U. (A) 481]。

    2. 此细则从2022年评估年度起生效,主要是为了修订 2020年所得税(营业场所翻修和翻新费用) 细则 [P.U (A) 381/2020] 第3(1)条例。

    3. 通过这一修订,相关人士在鉴定评估年度 [Year of Assessment] 基础期 [Basis Period] 的调整后业务收入时,举凡在2020年3月1日至2022年12月31日期间所产生的营业场所翻修和用于其业务的装修和翻新费用,都享有扣税资格。

    4. 因此,政府已将合格期限从 2021年12月31日 [在 P.U (A) 381/2020 下] 延长至 2022年12月31日。

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  • Guidelines on Deduction for Expenses in relation to Secretarial & Tax Filing Fee for YA2020

    Guidelines on Deduction for Expenses in relation to Secretarial & Tax Filing Fee for YA2020

    1) To improve compliance and governance, income tax deductions for secretarial and tax filing expenses have been merged and limited to a maximum of RM15,000 each year of assessment effective in the assessment year 2020.

    2) The Guideline dated 11 May 2021 revise the Guideline dated 18 September 2020 to explain the tax treatment of secretarial fees and tax filing fees, including filing fees for sales tax, services tax, levy, and tourism taxes.

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    1) 为了提高合规性和管理水平,从2020评估年度开始,之前分开计算的秘书费和报税费的所得税扣税额,已经被合在一起并限制在每个课税年度不超过15千令吉。

    2) 2021年5月11日的发出的指南,修订了2020年9月18日的指南,主要是解释秘书费和报税费 (同时包括:销售税、服务税、Levy 和旅游税的申报费)的税务处理。

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  • Income Tax Treatment of Interest expense incurred during the Moratorium Period

    Income Tax Treatment of Interest expense incurred during the Moratorium Period

    Income Tax Treatment of Interest expense incurred by SMEs and individuals during the Moratorium Period – PDF

    1. According to S.33(4) of the ITA 1967:

    “For the purposes of paragraph (1)(a) and subsection (2), where any sum payable for a basis period for a year of assessment is not due to be paid in that period, the sum shall when it is due to be paid to be deducted in arriving at the adjusted income of a person for that period.”

    2. Based on LHDNM’s Response to CTIM Memorandum on Compliance and Operational Issues dated 13 July 2021, on the Income Tax Treatment of Interest expense incurred by SMEs and individuals, that are charged by bank institutions during the moratorium period, the IRBM concludes that: …….. [Please refer to the slide]

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    1. 根据1967年所得税法令第33(4)条: 就第(1)(a)段和第(2)款而言,如果在某一课税年度 [year of assessment] 的计税基期 [basis period] 内,任何应支付 [due to be paid] 的利息并没有支付的责任,那么相关的利息则在有关人士在需要履行支付的责任时,才在相关的计税基期 [basis period] 从调整收入 [adjusted income] 作出扣除。

    2. 针对中小企业和个人在缓付期间 [Moratorium Period] 所产生的利息支出的所得税处理,根据税收局于 2021年7月13日 与 CTIM 关于合规和操作问题备忘录的回应:…. [参考图解]

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  • Income Tax (Deduction for Training Costs Under National Dual Training System) Rules 2021

    Income Tax (Deduction for Training Costs Under National Dual Training System) Rules 2021

    1. NDTS is the acronym for the National Dual Training System. ‘Dual’ means training in two learning situations, namely:

    👉 The actual workplace (company) that covers 70% to 80% practical training (performance) and;

    👉 Training Centre which covers 20% to 30% of theory (knowledge).

    2. IN exercise of the powers conferred by paragraph 154(1)(b) read together with paragraph 33(1)(d) of the Income Tax Act 1967 [Act 53], the Minister makes these Rules, which were gazetted on 11 October 2021.

    3. These Rules are deemed to have come into operation from the year of assessment 2019.

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    1. 参加由人力资源部批准的国家双重培训计划(National Dual Training Scheme)的费用可享有双重扣税。

    2. 根据 1967年所得税法令 [第53号法案] 第154(1)(b)段以及第33(1)(d)段所赋予的权力,部长于2021年10月11日在宪报上颁布了这项细则。

    3. 这项细则,被视为在 2019课税年已经生效。

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  • Income Tax (Deduction for the Costs of Implementation of Flexible Work Arrangements) Rules2021

    Income Tax (Deduction for the Costs of Implementation of Flexible Work Arrangements) Rules2021

    In determining the adjusted income of that qualifying person from his business in that year of assessment, a deduction shall be allowed for expenses incurred by that qualifying person in the basis period for the implementation of flexible work arrangements in relation to consultation fee, cost of capacity development, cost of software, and software subscription.

    P.U. (A) 377 (2021) – Income Tax (Deduction for the Costs of Implementation of Flexible Work Arrangements) Rules 2021 – 4 October 2021

    1. Double Tax Deduction of up to RM500k for expenses incurred for flexible working arrangements

    2. Related fees include:-

    ✅ Consulting fee

    ✅ Cost of capacity development

    ✅ Cost of software, and

    ✅ Software subscription

    3. For the Cost of Capacity Development, in turn, includes

    ✅ Training course or program fees

    ✅ Internal trainer fees

    ✅ Cost of training materials

    ✅ Cost of renting training space 🌼🌼🌼🌼🌼🌼🌼🌼🌼🌼

    1. 弹性工作安排所产生的费用,享有高达 RM 500千的双重扣税

    2. 相关费用包括:

    ✅ 咨询费 [consultation fee]

    ✅ 能力发展的费用 [cost of capacity development]

    ✅ 软件的费用 [cost of software],以及

    ✅ 软件签订 [software subscription]

    3. 而能力发展的费用 [cost of capacity development],又包括: ✅ 培训课程或方案费 ✅ 内部培训师费 ✅ 培训材料费 ✅ 租用培训场地的费用

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  • Income Tax (Deduction for Expenditure on Industry4WRD Readiness AST) (Amendment) Rules 2021

    Income Tax (Deduction for Expenditure on Industry4WRD Readiness AST) (Amendment) Rules 2021

    Tax incentives have been announced as part of the Budget 2019 to encourage businesses to work toward reaching Industry4WRD.

    One of the incentives relates to allowing the deduction for fee expenses incurred on Industry4WRD Readiness Assessment.

    This incentive is provided under the Income Tax (Deduction for Expenditure on Industry4WRD Readiness Assessment) Rules 2020 with the extension under Income Tax (Deduction for Expenditure on Industry4WRD Readiness Assessment) (Amendment) Rules 2021 effective from YA 2019 to YA 2026.

    Industry4WRD

    In response to the Fourth Industrial Revolution (4IR), the Industry4WRD: National Policy on Industry 4.0 was launched on 31 October 2018 to drive the Digital Transformation of the manufacturing and related services sectors in Malaysia.

    The Policy’s framework is as follows:

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  • Deduction for Expenses in relation to the Cost of Personal Protective Equipment

    Deduction for Expenses in relation to the Cost of Personal Protective Equipment

    1. Tax deductions for employers on the cost of personal protective equipment (PPE) are offered by the Income Tax (Deduction for Expenses in Relation to the Cost of Personal Protective Equipment) Rules 2021, which are effective from YA 2020 and define personal protective equipment (PPE) as “expenditure incurred by the employer for the purpose of prevention and protection of its workers from COVID-19.” 2. From the first day of March 2020, the deduction for spending on personal protective equipment (PPE) will be applied against adjusted income. 3. However, a deduction will not be given in which:

    • the employer has claimed capital allowances under the Income Tax Act on the cost of such personal protective equipment, or
    • the employer has claimed ACA under the Income Tax (Accelerated Capital Allowance) (Machinery and Equipment. Including Information and Communication Technology Equipment) Rules 2021 on the cost of such personal protective equipment.

    1. 2020年6月5日下午的直播,首相丹斯里慕尤丁在公布经济复苏短期计划时说:

    👉 政府将为公司提供各种有关防疫措施的税务回扣,其中业者作为商业用途购买的个人防护装备(PPE) ,或进行新冠肺炎检验的费用,可获扣税。

    2. 2021年6月15日,政府在宪报上,颁布了 2021年所得税(针对个人防护装备费用的扣税)细则 [Income Tax (Deduction for Expenses in relation to the Cost of Personal Protective Equipment) Rules 2021]

    3. 这个细则主要说的是:

    👉 雇主所购买的个人防护装备(PPE),可以直接扣税。

    4. 大家都知道,设备一般属于公司的资产,公司是不能直接拿相关的费用来扣税,都是需要通过资本津贴 [Capital Allowance] 的形式,分几年来慢慢扣税的。

    5. 因此,这个细则让公司加快扣税的速度

    6. 当然,大前提还是,公司要有赚钱,有 Adjusted Income 才能达到最大的效益

    7. 然而,如果公司已经选择申索资本津贴 [claim Capital Allowance] 的话,此细则就不适用

    [意思就是说,只能慢慢 Claim Capital Allowance 而不是能从 Adjusted Income 直接扣税了]

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  • Accelerated Capital Allowance (Machinery and Equipment including ICT Equipment)

    Accelerated Capital Allowance (Machinery and Equipment including ICT Equipment)

    1) IN exercise of the powers conferred by paragraph 154(1)(b) of, and paragraphs 10 and 15 of Schedule 3 to, the Income Tax Act 1967 [Act 53], the Minister makes these Rules, which were gazetted on 15 June 2021.

    2) These Rules shall have effect from the year of assessment 2020.。

    3) These rules provide that qualifying plant expenditure incurred by a person in the basis period for a year of assessment from 1 March 2020 until 31 December 2021 and used for the purpose of his business, capital expenditure incurred in relation to provision of machinery and equipment including information and communication technology equipment except motor vehicle qualify for an initial allowance of 20% and an annual allowance of 40%.

    4) As specified in the Income Tax (Accelerated Capital Allowance) (Machinery and Equipment, Including Information and Communication Technology Equipment) Rules 2021, capital portions of instalment payments made during the period on machinery and equipment purchased under hire purchase arrangements would be eligible for the ACA.

    5) Anyone who has incurred plant expenditure and has already claimed ACA under the Income Tax (Accelerated Capital Allowance) (Automation Equipment) Rules 2017 or exemption under the Income Tax (Exemption No 8) Order 2017 would not be eligible to claim. 1. 大家应该知道,公司买 Assets,只要符合 Plant 的定义,都可以扣税

    2. 但是,上述 (1)说到的扣税,不是直接从 Profit 扣,而是通过所谓的资本津贴 [Capital Allowance] 分几年慢慢 Claim

    3. 所谓的资本津贴 [Capital Allowance],又再细分为 Initial Allowance 及 Annual Allowance

    4. 一般上,Initial Allowance 都是 20%,而 Annual Allowance 则根据不同资产的类型,有着不同的 Rates

    5. 2021年6月15日,政府在宪报上,颁布了 2021年所得税(加速资本津贴)(机械和设备,包括信息和通信技术设备)细则 [Income Tax (Accelerated Capital Allowance) (Machinery and Equipment including Information and Communication Technology Equipment) Rules 2021]

    5. 这个细则主要说的是:

    👉 在 1.3.2020 – 31.12.2021 这段时间购买的资产 [Assets]

    👉 除了车辆 [Motor Vehicles]

    👉 将享有加速资本津贴

    6. 符合上述 (5)资格的这些资产,将享有: 👉 Initial Allowance – 20% ;及

    👉 Annual Allowance – 40%

    7. 在这种情况下,两年就完全 Claim 完所有的 Capital Allowance

    8. Hire purchase 方式买的资产,只有本金的支付才享有资本津贴

    9. 细则也为 信息和通信技术设备 (Information and Communication Technology Equipment) 给与列明

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