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Self-assessment

Introduction
 every Co., LLP, trust body or co – operative
 Companies are put on self - Assessment with DG’s practice
society is required to furnish an estimate of
effect from YA 2001. The refers to basis
income tax payable for a YA in a ‘prescribed
period for the financial year ending 2001.  The IRB can on its discretion fix an
form’ (CP 204) not > 30 days before the
The Finance (No. 2) Act 2000 inserted s 21A
beginning of the basis period [s 107C(2)]. estimated tax payable and issued CP
requiring the company to have all its sources
of income (business and investment income) 205 to a taxpayer informing on the
 With effect from YA 2006, s 107C(3), the estimated tax to be paid for that
to be assessed in accordance with its
estimate of tax payable for a YA must > 85% of particular YA.
financial period. The would further facilitate
the estimate or revised estimate of the income
the estimate of income tax payable for YA
tax payable for the immediate preceding YA.
2001 and its subsequent YAs.

Payment of monthly tax


SELF ASSESSMENT FOR COMPANY
Administration  Upon receiving the Form CP 204
 the tax authorities will issue a
 The e-CP 204 can be filled in online via notice of payment (CP 205) & a 12
https://ez.hasil.gov.my/.
Revision of estimate [s 107C(7)] monthly payment slips (CP 207),
The following information is needed in e-  with the relevant information of the
 In a self-assessment regime, a Co., trust body or
CP 204: companies.
co-operative society is expected to pay the
appropriate tax in the current year.  It done before the commencement
a) name and address;
 Penalty will be imposed if the difference between of the beginning of the basis period.
b) income tax reference number
c) registration number of company tax estimate & actual income tax payable exceeds  The monthly income tax payment by
d) tax estimates (current YA) the 30% margin of error. To avoid such penalty, the company must be accompanied
e) accounting year end and basis period revision of estimates is essential. by the payment slip. To ensure that
f) commencement date of operation  A Co., LLP, trust body or co –operative society the amount of tax payable can be
(new company); may revise the estimate of income tax payable,
credited to the appropriate
g) computation of monthly instalments; submitted via CP 204A, in 6 month/ 9 month/ in
both the month of the BP for a YA. The tax accounts.
h) withholding tax obligations (only for
non-resident company) and payable for the remaining months shall be  Every company, trust body or co –
i) YA revised upward or downward accordingly. operative society (taxpayer) is
required to pay the tax in an = 12
Non-submission of tax estimates is an E-notification [s 107C(7A)]
monthly instalments. If taxpayer
offence under s 120(1)(f). Upon
conviction, a company shall be liable to;  A Co. shall furnish CP 204/ CP 204A of its income does not have a 12-month-accounts
tax payable by way of an electronic medium/ for a YA, then the estimated tax
(a) RM200 ≤ fine ≤ RM20,000; or electronic transmission. payable for that year will be ÷ by the
 LLP, trust and co-operative society will submit no. of months of that YA.
(b) Imprisonment for a term ≤ 6 month, or their tax estimates and revised estimates via e-
 the monthly installment is due on
filing with effect from YA 2019.
(c) Both. the 10th of every month.
Penalties on underestimates of income tax payable Amendment of return (s 77B)
[s 107C(10)]
 Taxpayer is allowed to amend their tax return
 A company is given 2 opportunities to revise its within 6 months from the date of submission
estimate. of such tax return to the IRB (due date).
 In the 6 month, 9 month/ in both the month of  The amended return shall specify:
the basis period.
 10% penalty will be imposed on the excess of (a) The additional amount of chargeable income;
30% difference between the original estimate
(b) The additional amount of income tax payable
(or revised estimates) & the actual tax payable
upon the submission of the return. (c) The particulars
 The IRB in MIA/MICPA dialogue held on 30 Sept
2002 requested companies to voluntarily remit (d) The late payment penalty.
the 10% penalty due, when submitting their tax
returns as the submission of return is a deemed  Taxpayer is allowed to amend their return
notice of assessment. once only
 The submission of the amended return is
Original estimates deemed as notice of assessment. Any tax and
penalty shall be due and payable to the tax
 No amendment to the estimates of tax for a authorities.
particular YA. SELF
 A company is obliged to revise upward either in ASSESSMENT
the 6th/ the 9th month to reflect the actual
possible tax payable for that YA. Final payment of income tax
Submission of return  The difference between the income tax payable
as in the tax return and the instalments paid is
 Submitted within 7 months from the closing
due and payable on the last day of the seventh
date of the Co.’s year end accounts. [s 77A(1)]
month following the close of the accounting
period.
 The final balance needs to be settled in the 7
month from accounting year-end (such date) in
Notice of assessment order to avoid the monetary penalty of 10% plus
5%.
 The DG is empowered under s 90(1) of the Act to
deem to have made an assessment on the Penalties on monthly instalment
chargeable income as shown in the return on the
day the return is submitted to the Pusat  Due date for the monthly tax instalment & its
Pemprosesan. He is not required to do anything subsequent years is on the 15th of each month.
further.  If any instalment is not paid by the 15 th, the
 The right to appeal is within 30 days of the making amount unpaid will be increased by a sum of
an assessment. 10% [s 107C(9)].
Tax estimates

SME company is required to submit the CP 204 to IRB but


is not required to provide amount of estimates in income
tax payable.

The paid up capital of ≤ RM2.5 million must be maintained


for 3 YAs, commencing from the year in operation.

Commencement of new company (paid up capital at the


beginning YA > RM2.5 million ) [s 107C(4)]

In the case that a company commences business in a YA,


the company is required:

SELF ASSESSMENT  to furnish tax estimate via CP 204, 3 months from the
date commencement. The number of monthly
instalment is equal to the length of its basis period
and it will commence in the 6 month of that basis
Commencement of business [s 107C(4A)]
period.
Where a SME company first commences business
operation in a YA, the Co. is not required to:

a) estimate income tax payable to the tax


authorities;
b) pay monthly income tax payable on the 15th
of each month
c) For the YA and the immediately following YA.

If there is no basis period for:

a) that YA and the immediate following YA,

then no estimates needed for that YA and the


immediate 2 following YAs. The Co. is only having
advantage for not providing estimate for one YA

SME means a resident company incorporated in


Malaysia w/ a paid up capital RM2.5M & less at
the beginning of both the YAs.

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