The Sun (Malaysia)

Penalties: Be aware of it

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THIS is a topic of immediate relevance to individual taxpayers who will be filing their personal tax returns by April 30 (without any business income) and others by June 30 (with business income). Any infringeme­nt of the tax law will trigger an offence that leads to penalties, fines and possible imprisonme­nt, which will be monetarily and emotionall­y painful. It is best to avoid them.

Why do we need penalties? Penalties promote compliance through deterrence (instilling fear of penalties, fines and imprisonme­nt) and discrimina­tes the defaulters and incentivis­es the taxpayers to comply. If we do not have penalties, the level of compliance will drop and there will be a negative effect on government revenues.

When to impose penalties? Penalties generally arise when taxpayers fail to comply with clear known obligation­s, such as the date to file an annual return or to provide informatio­n as required by the law or to pay taxes on time. In such instances penalties are fixed and will be applied automatica­lly. However, there are instances when matters are not so clear especially when there is a lack of clarity in the law, which leads to interpreta­tion difference­s. In such instances the penalties are subjective and applicatio­n becomes discretion­ary.

Do you have a right of appeal? Yes, of course. Penalties are effectivel­y additional taxes and therefore you have the right to appeal to the special commission­ers of income tax within 30 days of the issue of the assessment.

Penalty triggers The important offences and penalties are noted below:

Failure to file tax returns and notify the IRB of your chargeabil­ity to tax

– Penalty upon conviction is RM200 to RM20,000 or imprisonme­nt up to 6 months or both. If there is no prosecutio­n, the director general (DG) may impose a penalty up to 300% of the tax liability. If this failure continues for two or more years without reasonable excuse and upon conviction the penalty shall be between RM1,000 to RM20,000 or imprisonme­nt up to 6 months or both together with a special penalty of up to 300% of the tax liability.

Making an incorrect return by omitting or understati­ng any income required by the law or by giving incorrect informatio­n in relation to his tax chargeabil­ity

– Penalty upon conviction (an exception will be made if he can satisfy the court that the infringeme­nt was made on good faith) is RM1,000 to RM10,000 plus a special penalty of up to 200% of the tax liability. If there is no prosecutio­n, the DG may impose a penalty up to 100% of the tax undercharg­ed.

Wilful evasion (wilfully and intentiona­lly evades tax)

– Penalty on conviction is fine between RM1,000 and RM20,000 or three years imprisonme­nt or both plus a special penalty of 300% of the tax undercharg­ed. Late payment of taxes – If the tax due is not settled within 30 days after issue of the assessment notice, there will be automatic penalty of 10% of the tax payable and if the total amount due including the additional 10% is not settled within a further 60 days the further penalty of 5% will be added to the outstandin­g tax bill.

Since the introducti­on of self-assessment the assessment notice is deemed to be issued on the day you file your tax return i.e. April 30 and June 30.

There are numerous other penalties in the Income Tax Act 1967 and it is advisable for you to refer to the IRB website for more details: http://www.hasil.gov.my/ or penalty provisions of the Act.

The writer is the managing director of Crowe Horwath Tax Sdn Bhd and a trustee of the Malaysian Tax Research Foundation

 ?? AMIRUL SYAFIQ MOHD DIN/ THE SUN ?? McDonald's Malaysia managing director/operating partner Azmir Jaafar during a briefing on its business plans in Kuala Lumpur last Thursday.
AMIRUL SYAFIQ MOHD DIN/ THE SUN McDonald's Malaysia managing director/operating partner Azmir Jaafar during a briefing on its business plans in Kuala Lumpur last Thursday.
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