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TAX737

Q4 -Briefly explain Schedular Tax Deduction System (PCB System)

b) Provide option not to submit


Background
income tax returns if MTD is
correct and equivalent to
actual tax (subject to fulfilment
1) What is Schedular Tax Deduction of criteria under Section 77C (1)
System of Income Tax Act 1967 (“ITA
(PCB – Potongan Cukai Bulanan) 1967”)
a) Introduced on 1 January 1995.

b) A mechanism whereby The relevant Acts, Rules and


employers deduct monthly tax Regulations
payments from the employment
income of their employees.
1) Determination on residence status
c) PAYE – “Pay as you earn”
concept. Section 7 of ITA 1967
(For details, please refer to ITA 1967)
2) Mechanism
a) Employer deduct tax from the 2) Deduction of tax from emoluments
employee’s gross income every and pensions
month.
Section 107 of ITA 1967
b) The monthly tax is then remitted (For details, please refer to ITA 1967)
by employer to Lembaga Hasil
Dalam Negeri (“IRB”) no longer 3) Definition and components of
than the 15th of the following employment income
month.
Section 13(1) of ITA 1967
c) Deduction is according to (For details, please refer to ITA 1967)
formulas approved by the
Director General of Inland 4) Scheduled deduction
Revenue (“DGIR”) according to
provisions under Rule 3 of the Rule 3 of MTD Rules
Income Tax (Deduction from Employer to deduct for tax monthly
Remuneration) Rules 1994 (“MTD from employee’s remuneration.
Rules”).
(For details, please refer to MTD
Rules)
Objectives
5) Deduction by Direction of DGIR

Rule 4 of MTD Rules


1) To IRB DGIR may instruct employer to
a) Anti-avoidance measure - an deduct from employee’s
efficient manner of collecting remuneration the tax due
tax from employees.
(For details, please refer to MTD
2) To Employee (Tax Payer) Rules)
a) Reduce burden in paying tax in
one lump sum when the actual
tax is ascertained.

Norfisah binti Mohd Ali (2019197733) Page 1 of 7


Adzlenna binti Isa (2019184029)
Norfadliana binti Abdul Hadi (2019964351)
TAX737
Q4 -Briefly explain Schedular Tax Deduction System (PCB System)

6) Deadline for payment of amount b) Employees allowed to claim for


deducted and returns allowable deductions and
rebates under the ITA 1967 in
Rule 10 of MTD Rules each month or in any month in
Employer shall pay to the DGIR not the current year.
later than the 15th day of the month,
the total amount of tax deducted
from employee’s preceding month Duties and Responsibilities
remuneration.

(For details, please refer to MTD 1) Employer


Rules) a) Deduct the MTD from
employee’s monthly
7) Offence remuneration.

Rule 17 of MTD Rules b) Make additional deductions


from employee’s remuneration
(For details, MTD Rules) under Rule 4 of MTD Rules.

c) Remit the tax payment to the


DGIR not later than 15th of every
Implementation Methods calendar month, the tax
deducted from the employee’s
preceding month remuneration.
1) Determination of MTD amount
d) Furnish a complete and
a) Schedule of Monthly Tax accurate return, the following
Deduction; or employee information together
with payment submission:
b) Computerised Calculation • Employee income tax
Method number
• Name according to IC or
2) Schedule of Monthly Tax Deduction passport
• New and old IC numbers,
a) For employers not using police number, army number
computerised payroll software. or passport number (for
foreign employee); and
3) Computerised Calculation Method • MTD amount or additional
a) For employers who deduction amount.
• use computerised payroll
system provided by software e) Information on cessation of
provider, or developed / remuneration of employee
customised by employers under Rule 13 of MTD Rules.
according to specifications
determined and reviewed f) Keep and retain in safe custody
by IRB; or sufficient documents within
• Use system/application seven (7) years from the end of
developed by IRB and the relevant year of assessment
available in IRB’s website. (“YA”).

Norfisah binti Mohd Ali (2019197733) Page 2 of 7


Adzlenna binti Isa (2019184029)
Norfadliana binti Abdul Hadi (2019964351)
TAX737
Q4 -Briefly explain Schedular Tax Deduction System (PCB System)

g) Notify employee of his/her duties 2) Employee status


and responsibilities under the a) Categories
MTD Rules a) Category 1
1. Single
2) Employee (Tax Payer) b) Category 2
a) Submit to employer, information 1. Married. Husband/wife
on previous employment under not in employment.
the current year. c) Category 3
1. Married. Husband/wife in
b) Submit request for monthly employment
deductions in prescribed form. 2. Divorced
3. Widowed
c) Submit request to include 4. Single (with adopted
benefits in kind (BIK) and value child).
of living accommodation
(VOLA) as part of remuneration b) Example of MTD determination
in ascertaining MTD amount. • If wife claims for full child
relief
d) Keep and retain in safe custody 1. MTD for wife will be based
each receipt relating to claims on Category 3 with child
for deduction within seven (7) relief (KA1 – KA20); and
years from the end of the 2. MTD for husband will be
relevant YA. based on Category 3 no
child relief (K).
e) Furnish complete and accurate • MTD for single (with adopted
personal information and notify child) is ascertained under
changes in personal information Category 3 (KA1 – KA20).
to employer.

f) Submit accurate information on


taxable income. Resident

1) Criteria
Criteria for Implementation a) In Malaysia at least 182 days in
calendar year;

1) Residence status b) In Malaysia for less than 182 days


a) Residence status is determined (“shorter period”) but that
under Section 7 of ITA 1967. period is linked to a period of
physical presence of 182 days or
b) Resident employee more “consecutive” days in the
a) MTD after allowable tax following or preceding year
deductions under ITA 1967. (“longer period”).

c) Non-resident employee Temporary absence from


b) Computation based on Malaysia due to the following
Section 1A (Schedule 1) of reasons shall be taken as part of
ITA 1967. the consecutive days, provided
the employee is in Malaysia

Norfisah binti Mohd Ali (2019197733) Page 3 of 7


Adzlenna binti Isa (2019184029)
Norfadliana binti Abdul Hadi (2019964351)
TAX737
Q4 -Briefly explain Schedular Tax Deduction System (PCB System)

before and after each c) Exemption (short term


temporary absence; employee)
1. Business trips • Income of non-resident for
2. Treatment for ill-health of employment in Malaysia if:
himself or member of 1. Aggregate period or
immediate family periods of employment in
3. social visits not exceeding Malaysia does not
14 days in aggregate exceed 60 days in a
calendar year, or
c) In Malaysia for 90 days or more 2. Where the total period of
during the year and, in any 3 of employment which
the 4 immediately preceding overlaps 2 calendar years
years, he was in Malaysia for at does not exceed 60 days.
least 90 days or was resident in
Malaysia 2. Remuneration that is subject to MTD
a) Salary
d) Resident for the year b) Wages
immediately following that year c) Overtime
and for each of the 3 d) Commission
immediately preceding years. e) Tips
f) Allowance
g) Bonus or incentive
h) Director’s fee
Remuneration i) Perquisite
j) Employee’s share option
scheme (ESOS)
1. What is remuneration? k) Tax borne by employer
a) Income arising from gain or l) Gratuity
profit from employment as m) Compensation for loss of
specified under Section 13(1) of employment
ITA 1967. n) Any other remuneration related
to employment
b) Regarded as derived from
Malaysia and subject to 3. Remuneration that is not subject to
Malaysian tax if the employee: MTD
• Exercise an employment in a) Benefits-in-kind (BIK)
Malaysia • Benefits that cannot be
• Is on paid leave attributable converted into money.
to employment in Malaysia
• Performs duties outside b) Value of living accommodation
Malaysia which is incidental (VOLA)
to the exercise of • Living accommodation
employment in Malaysia provided for an employee by
• A director of a company his employer.
resident in Malaysia; or
• Employed to work on board c) Employee may make
of aircraft or ship operated irrevocable election to include
by a person who is a resident BIK and VOLA as part of his
in Malaysia. remuneration.

Norfisah binti Mohd Ali (2019197733) Page 4 of 7


Adzlenna binti Isa (2019184029)
Norfadliana binti Abdul Hadi (2019964351)
TAX737
Q4 -Briefly explain Schedular Tax Deduction System (PCB System)

4) Categories of remuneration 2) Optional deductions/relief


a) Normal remuneration a) Zakat rebates through salary
• Fixed monthly payments to deduction
employees whether the b) Selected approved deductions
amount is fixed or fluctuates c) Zakat rebates not through salary
according to the written deduction
contract of employment or
otherwise.
• Includes: MTD as Final Tax
1. Commission
2. Salary based on daily or
hourly rate 1) What is MTD as Final Tax
3. Salary of which value a) A condition whereby taxpayer is
depends on foreign qualified as not having to submit
exchange rate. tax returns to IRB.

b) Additional remuneration 2) Who is qualified?


• Additional payment to a) Employee who receives
employee either on a lump employment income under
sum, on regular basis, in Section 13 of ITA 1967;
arrears or non-fixed
payments. b) MTD of employee is based on
• Includes: MTD Rules;
1. Bonus or incentive
2. Salary in arrears or any c) Employee served under the
other arrears same employer for a period of
3. Employee share option twelve (12) months in a calendar
scheme (ESOS) year.
4. Tax borne by employer
5. Gratuity 3) Non-qualifying factors
6. Compensation for loss of a) If an employee work with more
employment than one employer at one time
7. Ex-gratia
8. Director’s fee b) Employment period less than
9. Commission (not paid twelve (12) months in a calendar
monthly) year
10. Other
c) Tax borne by employer

d) Joint assessment
Allowable Deductions (Reliefs)
e) Income such as BIK and VOLA
not taken into consideration in
1) Mandatory deductions computation of MTD; or
a) Individual
b) Spouse f) Taxpayer claiming for refund or
c) Child relief or rebate
d) Contribution to Employee
Provident Fund (EPF) or other
approved scheme.

Norfisah binti Mohd Ali (2019197733) Page 5 of 7


Adzlenna binti Isa (2019184029)
Norfadliana binti Abdul Hadi (2019964351)
TAX737
Q4 -Briefly explain Schedular Tax Deduction System (PCB System)

b) imprisonment for term not


Method of Payment exceeding 6 months; or

c) both
1) Electronic payment
a) Effective 1 September 2019, IRB
no longer accept:
• information submitted References
manually
• MTD payment paid using
cash or cheque at its 1) Lembaga Hasil Dalam Negeri
payment counter or send (LHDN) website www.hasil.gov.my
through post or courier. 2) Garis Panduan Potongan Cukai
Bulanan Di Bawah Kaedah-Kaedah
b) MTD payments must be made Cukai Pendapatan (Potongan
via Daripada Saraan) Pindaan 2019
• electronic medium (on-line) dated 1 January 2016 issued by
facility either through FPX, LHDN
IBG; or 3) Income Tax Act 1967
• through internet banking 4) Income Tax (Deductions from
portal of several commercial Income) Rules 1994
banks appointed as tax 5) Federal Government Gazette
collection agents by IRB P.U.(A) 311- Income Tax (Deduction
from Remuneration (Amendment)
Rules 2015 dated 29 December
2015
Offences
6) Federal Government Gazette
P.U.(A) 35 - Income Tax (Deduction
from Remuneration (Amendment)
Rule 17 of MTD Rules Rules 2014 dated 30 January 2014
7) 2019 Budget Commentary and Tax
1) Types of offences Information by Malaysian Institute of
a) Failure to remit MTD by the 15th Accountants (MIA)
of the following month 8) 2018/2019 Tax Booklet PWC
9) 2015 Tax Booklet PWC
b) Failure to deduct and / or
insufficient deduction of MTD

c) Failure to remit or insufficient


MTD or CP38 deduction remitted

d) Failure to give complete and


accurate information about
employee

2) Charges upon conviction


a) Fine of not less than RM200 and
not more than RM20,000; or

Norfisah binti Mohd Ali (2019197733) Page 6 of 7


Adzlenna binti Isa (2019184029)
Norfadliana binti Abdul Hadi (2019964351)
TAX737
Q4 -Briefly explain Schedular Tax Deduction System (PCB System)

Types of deductions/reliefs/rebates for YA2019

1) Personal reliefs for resident individuals


Description Amount (RM)
1) Taxpayer 9,000

2) Disabled person (additional relief)


a) Taxpayer 6,000
b) Spouse 3,500
c) Supporting equipment 6,000
d) Wife – no source of income 4,000
e) Husband – no source of income 4,000

3) Child (per person)


a) Below 18 years 2,000
b) Disabled and unmarried 6.000
c) Over 18 years 8,000
d) Over 18 years and study overseas 8,000
e) Over 18 years and study local 8,000
f) Disabled and pursue tertiary education 8,000

4) Medical
a) Parents 5,000
b) Taxpayer, spouse, child on serious disease 6,000

5) Life insurance premiums/approved fund


contributors/private pension fund 7,000
6) Private retirement scheme/annuity premium 3,000
7) Insurance premiums for education or medical benefits 3,000
8) Pursue skills 7,000
9) Skim Simpanan Pendidikan Nasional 8,000

10) Parental care


a) Father 1,500
b) Mother 1,500

11) SOCSO 250


12) Lifestyle 2,500
13) Breastfeeding equipment 1,000
14) Childcare 1,000
15) Approved provident funds contribution 4,000

16) Takaful
a) Private sector 3,000
b) Public sector 7,000

Norfisah binti Mohd Ali (2019197733) Page 7 of 7


Adzlenna binti Isa (2019184029)
Norfadliana binti Abdul Hadi (2019964351)

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