Tax Planning
Tax Planning
Tax Planning
Chapter 10
Tax Planning
Chapter Objectives
Students must be able to: Explain the Scope of Charge to Malaysian Taxation Explain the Tax Treatment of Remittance Income Explain the Persons Chargeable to Tax Explain the Tax Treatment of Partnerships Identify the Different Classes of Income State the Meaning of Special Class of Income Determine the Resident Status of Individuals Explain the Reasons for Determining Resident Status Demonstrate the Mechanics of Computing Chargeable Income Explain Gross Income, Adjusted Income and Statutory Income Identify the Deductions Available in Computing Aggregate Income and Total Income Identify All the Personal Relief Available to Resident Individuals Compute the Tax on Chargeable Income Using the Schedule 1 Tax Rates Identify the Tax Rebates Available to Resident Individuals Briefly Explain What Constitutes Employment Income Explain the Nature of Business Income Differentiate Assessment and Collection Procedures Note the Key Considerations in the Tax Administration Differentiate Between Tax Audits and Tax Investigations Identify Basic Tax Planning Opportunities.
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Chapter 10
Tax Planning
Introduction
Tax planning is a vital component in financial planning. The author believes it is grossly under utilized. Malaysia has a very reasonable tax regime. The tax system is very basic and principally the tax is territorial in scope. With the exemption of remittance income from tax in Year of Assessment 2004 the stage is set for Malaysians to venture abroad and not worry about Malaysian tax on income earned overseas and remitted to Malaysia. However 4 types of businesses namely banking, insurance, shipping and air transport business are subject to world income scope. They are the only businesses that will suffer tax on remittance income. Knowledge of tax is important because it is one of the key areas of concern for clients. High net worth individuals state tax reduction as one of their key objectives. Malaysia does not have capital gains tax. Neither does it have an estate duty. Gifts are not taxed like in other countries. Malaysia is a capital gains haven with plenty of incentives for entrepreneurship in the information, communication and technology areas and other technical areas including agriculture. Tax has been used as an incentive to draw foreign direct investments. However, in financial planning the focus of tax planning is usually with individuals and their enterprises. Tax planning as a discipline requires you to understand how tax is computed. Only when you understand the tax computation process will tax planning opportunities be realized. Therefore any book on tax planning will only make sense if you have the overall framework of how tax is computed. This subject is covered in more detail in Module 4. In module 1 the subject is introduced as an overview for students to come to grip with it later. So rather than cover it in detail only important principles of tax computation will be presented.
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Scope of Charge
The very first thing we need to understand is the scope of charge as delineated under section 3. It states: a tax to be known as income tax shall be charged for each year of assessment upon the income of any person accruing in or derived from Malaysia or received in Malaysia from outside Malaysia.
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year is taxed in year of assessment 2008. You get the answer in section 20 and 21. The income of which year refers to the basis year. The basis year for year of assessment is also the calendar year coinciding with the year of assessment. This means the basis year for 2008 is calendar year 2008. This is the meaning of the term current year basis of taxation.
Remittance Income
Schedule 6 states all the income which is exempted under the Act. In this schedule remittance income has been exempted. Paragraph 28 states: Para 28(1): without prejudice to the provisions of section 130, income of any person, other than a resident company carrying on the business of banking, insurance or sea or air transport, for the basis year for a year of assessment derived from sources outside Malaysia and received in Malaysia.
Tax Entity
It is important to know who the taxpayer is. In section 3 the tax is upon any person who derives income from Malaysia. Section 2 defines the meaning of person.
Any Person
It is important to note that under section 3 any person is taxable if they derive income from Malaysia. It is immaterial if they are citizens or non-citizens, resident or non-resident. And as defined a person includes artificial persons like a company or a body of persons like an association, club or society. So to be taxable in Malaysia it does not matter who or what you are as long as you have income derived from Malaysia.
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Partnerships
A major point to note here is that a partnership is not a taxable entity. Partners in a partnership are taxed as individuals having a business source like sole proprietors. Taxation of Partnerships is covered under sections 55 to 59 of ITA 1967. The importance of partnerships will be realized in tax planning when the possibility of income shifting is discussed.
Sources of Income
The next big step in taxation is to classify the different types of income. A person can have one or more sources of income. Section 4 of the Act outlines the various classes of income. 4(a) refers to Gains or profit from a business, for whatever period of time carried on 4(b) refers to Gains or profits from an employment 4 (c ) refers to Dividends, interest or discounts 4(d) refers to Rents, royalties or premiums 4(e) refers to Pensions, annuities or other periodical payments not falling under any of the foregoing paragraphs 4(f) refers to Gains or profits not falling under any of the foregoing paragraphs. The classification of income is important because of the tax treatment for the different types of income. There are specific provisions in the Act relating to each of the different types of income.
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Rent or other payments made under any agreement or arrangement for the use of moveable property.
any
2.
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There was a third important reason for establishing the resident status to determine the taxability of remittance income. Prior to YA2004 resident individuals were taxable on remittance income. With the revision to Paragraph 28 Schedule 6 the scope of taxation has changed. A resident individual is entitled to a rebate of RM350 for himself and another RM350 for his spouse if his Chargeable Income is less than RM 35,000. This rebate, which is deducted from the tax payable, is only available to residents. Non-residents are not entitled to this rebate. Resident individuals are taxed at a favourable rate of 5% on interest income from deposits placed with Malaysian banks, finance companies and other approved deposit-taking companies or persons. This is in the form of a withholding tax by the banks. They will retain the 5% and hand it over to the Inland Revenue Board. Interest income in the main is exempted under various exemption orders. However, when taxable the 5% applies to resident individuals. Interest on deposits of less than RM 100,000 and on deposits of 12 months or more is exempted. Paragraph 33 of Schedule 6 exempts non-residents from any tax on interest income from banks and finance companies.
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If management and control of the business or its affairs are exercised in Malaysia, then it is resident in Malaysia. Management and control of a company is exercised by the Board of Directors. Therefore where the directors hold their board meetings is deemed evidence of management and control being exercised in Malaysia.
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b)
c)
d)
e)
f)
Gross Income
This is the most important category. There are specific provisions in the ITA 1967 that outlines what constitutes Gross Income for business, employment, dividends, interest, rent, royalties, pension and other classification of incomes outlined in section 4. For each class of income we have to explore the various sections to identify Gross Income.
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Adjusted Income
The adjusted income from each source of income for the basis period for a year of assessment is the Gross Income from each source reduced by expenditure wholly and exclusively incurred in the production of that gross income. Expenditure, which qualifies for deduction, must be revenue in nature. In addition, it should be expenditure, which is not specifically disallowed under section 39 of the ITA 1967. A basic example would be domestic or private expenditure and capital expenditures
Statutory Income
This is a description of income, which is peculiar to income taxation only. The key issue here is about allowance for capital expenditure. Section 39 specifically disallows capital expenditure in arriving at the Adjusted Income of the person. In normal accounting, capital expenditure is depreciated over the economic life of the asset or following some accounting rules. The ITA however does not allow capital expenditure and specifically disallows depreciation as it is regarded as a provision only. A provision is not an expense incurred in the production of income. Therefore under the ITA 1967, under schedule 3, capital allowances are allowed for qualifying capital expenditure. Only a business source is entitled to capital allowances. The capital allowances are separately calculated for each source and allowed against Adjusted Income in arriving at Statutory Income.
Aggregate Income
The aggregate income of a person for a year of assessment consists of: a) The aggregate of his statutory income from business, reduced by an amount of brought forward business loss, The aggregate of his other sources of income; and Any additions falling to be made under Schedule 4 or 4A.
b) c)
d)
Medical expenses for taxpayer, spouse and children on serious diseases (including RM500 for medical examination expenses) 5,000 Disabled person Taxpayer Spouse Supporting equipment for disabled member of family Wife has no total income or elects for combined Assessment Children each child below 18 years Local college 4 * 1000 Overseas education 4 * 1000 Life insurance premiums/EPF Insurance premiums for education or medical Benefit EPF annuity or insurance scheme Fees for acquiring technical, vocational, industrial, scientific or technological skills, law and accounting Purchase of books, journals, magazines for family 6,000 3,500 5,000 3,000 1,000 4,000 4,000 6,000 3,000 1,000 5,000 1,000
Personal Relief
Personal relief is often and regularly amended in the Budget. Therefore it is necessary to keep up with the changes to the ITA during the Budget announcement by the Finance Minister in September or October each year. The rebate of RM 500 that is given for the purchase of personal computer will be amended to a Personal relief of RM 3,000 every three years, from Year of Assessment 2007 onwards. The relief for books and magazines has been increased to RM 1,000 from Year of Assessment 2007
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Chargeable income (RM) 1to 2,500 2,501to 5,000 5,001 to 20,000 20,001 to 35,000 35,001 to 50,000 50,001 to 70,000 70,001 too 100,000 100,001 to 250,000 Above 250,000
Corporations, trusts and non-resident individuals pay tax at a flat rate of 28%. Small and medium scale companies with paid-up capital of 2.5 million and below pay tax at the rate of 20% on the first RM 500,000 chargeable income. The corporate tax rate of 26% will apply for chargeable income above RM 500,000 in the year of assessment 2008.
2.
3.
4.
5.
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Tax Rebates
Tax rebates are given as a direct set-off against taxes payable. They are therefore different from Personal Relief, which is a deduction from Total Income. Rebates directly reduce taxes. There are three common rebates. A Basic Rebate of RM 350 each to taxpayer and wife if the Chargeable Income of the taxpayer is less than RM 35,000. Rebate for Zakat and Fitrah or any other Islamic religious dues which is obligatory, paid in the year, evidenced by receipt by appropriate religious authority. Rebate of RM 500 to an individual for the purchase of personal computer once in five years. This rebate has now been converted into a personal relief for computers of RM 3,000 once every three years. For higher tax bracket taxpayers this would be a better benefit.
The Gross Income must be accrued or derived from Malaysia. Special derivation rules exist for each source of income Next the income is adjusted according to the provisions in the Act. The main provisions are contained in Section 33 and Section 39.
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Conclusion
It can therefore be observed that tax is truly an extensive course of study. One chapter or even one module will not be enough to address its various areas. Not only is tax a complex subject it also changes every year. Every Budget day we see numerous changes to the various provisions of the Act. The detail study of the different types of income especially business and employment is reserved for the tax module 4. This chapter only outlines the length and breadth of this very difficult but absorbing subject. I hope you are all looking forward to digging your teeth into this subject in module 4.
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Malaysian Financial Planning Council (MFPC)
Self Assessment
1.
The scope of charge under section 3 of the ITA 1967 has the following important criteria except: A. B. C. D. Only income is taxable Only persons who are resident are taxable Income must be derived from Malaysia to be taxable Income received from outside Malaysia is within the scope of charge
2.
Which of the following incomes are taxable under the ITA 1967? A. B. C. D. rent received by Ahmad from his property in Hong Kong dividends received by Gurmit Singh from his shareholdings in HSBC, Hong Kong Income earned by Air Asia in Bangkok Annuity income received from England by Mr. Pereira of Ipoh, Perak
3.
Balas resident history is as follows. He is resident in Malaysia by virtue of section? In Malaysia from 1st March 2007 to June 30th 2007. He returned to Malaysia from his secondment in Dubai on October 10, 2007. He left again for Dubai on 11th of November and returned on 24th of December 2007. He has been resident in Malaysia for the years 2004, 2005 and 2006. A. B. C. D. Section 7(1) (c) Section 7(1) (a) Section 7(1) (b) He is non-resident for YA 2007
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4.
The resident status of an individual is important for the following reasons except: A. B. C. D. To determine the taxability of remittance income To be entitled to personal rebates To be entitled to personal relief To be taxed at the scale rates of tax
5.
The following are personal relief available to a resident individual, except: A. B. C. D. Self relief of RM 8,000 Zakat and Fitrah as per receipts shown Child relief of RM 1,000 per child Computer relief of RM 3,000 every three years
6.
Which of the following statement(s) is/are true? I II A. B. C. D. Combined assessment gives an additional relief of RM 3,000 for wife Separate assessment is better than combined assessment because of the scale rates of tax. I only II only Neither Both
7.
Compute the tax payable for an individual resident who has a chargeable income of RM 68,000. Assume that he is single. A. B. C. D. RM 12,920 RM 6,895 RM 11,400 RM 5,375
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8.
Which of the following is the correct sequence in computing Total Income? A. B. C. D. Gross income Adjusted income Statutory income Total Income Statutory income Aggregate Income Chargeable income Total income Adjusted income - Statutory Income Aggregate income Total income Gross income Adjusted income Aggregate income Total income
9.
All of the following are Collection matters except: A. B. C. D. Submission of estimated income tax Raising of penalty for late payment Scheduler Tax deduction Submission of Tax returns
10. Which of the following statements is true? A. B. C. D. Self-assessment means we compute the tax payable by ourselves The basis year for year of assessment 2007 is 2006. The preceding calendar year is the basis year for a year of assessment Self-assessment requires us to pay the tax in the following year
Answers: 1- B, 2- C. 3- A, 4- A, 5- B, 6- D, 7- B, 8- C, 9- D, 10- A.
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