Please enable JavaScript.

Coggle requires JavaScript to display documents.

47 Tax administration, Application for relief under S131 - Coggle Diagram

- - - - for each YA, every ind who has
        chargeable Y shall furnish
        
        Form BE - 30 April of the following yr
        IF he derives Y from non-biz Y only
        
        EA form from em'er - all taxable amt
        
        1.1.2020 - 31.12.2020: 30.4.2021
        
        Form B - 30 June of the following yr
        IF he carries on a biz
        ie. sole proprietorship, partnership
        1.1.2019 - 31.12.2019: 30.6.2020
    - - Form C - within 7 mths of the close of accounting period
  - - - records must be retained for
        7 years AFTER the end of the relevant yr
        ie. return for 30.6.2017 -> end 31.12.2017
        plus 7 yrs = 31.12.2024
    - - records must be retained for
        7 years AFTER the end of the yr which return in furnished
        ie. return for 30.6.2017, submitted on 31.3.2018 -> end 31.12.2018
        plus 7 yrs = 31.12.2025
- - - - Employment Y
        
        subj to monthly tax deduction based on table issued by IRB
      - Biz Y
        
        DG estimate tax payable based on preceding yr's tax payable
        and pay the estimated tax in 6 installments (once every two mths)
        
        balance of tax payable (final tax) when actual self assessed tax is determined is payable on the due date
    - - Existing/Old Co
        
        Tax estimate
        
        submit not later than 30 days before the BOBP
        
        not be < 85% of the preceding YA tax payable
        
        payable in 12 equal installments on the 15th of every mth,
        starting from 2nd mth of the BP
        
        may be revised in 6th and 9th mth in the BP, remaining tax payable will be adj accordingly
      - New Co
        
        Tax estimate
        
        IF 1st BP < 6 mths, no need to submit tax estimate
        
        BP > 6 mths, submit within 3 mths from
        the date of commencement of operations
        
        payable in equal installments over the number of months in the BP
        
        1st installments being 15th of the 6th mth
    - - underestimate amt > 30%, 10% penalty on the amt in excess of the 30% buffer
    - - newly commenced + SME, X furnish tax estimate in 1st and 2nd YA
- - - - Tax audit
        
        form of desk audit / field audit
        
        Objective:
        
        right amt of Y should declared; and
        
        right amt of tax should be calculated and pd
        are in accordance with tax laws and regulations
        
        covers max 5 yrs of YA
        
        'visit' is pre-scheduled, due notice of 14 days are given
        
        taxpayer - prepare and make available the relevant records and docs for examination by IRB
        
        X give gifts(accept gifts) to tax audit officers(from taxpayer)
        IF asked to pass gifts to tax officer, should resign as tax agent
        
        issue notice of additional assessment,
        can appeal within 30 days after date of additional NA
      - Tax investigation
        
        carried out when it is suspected based on precise & definite evidence that
        
        taxpayer is deliberately trying to avoid paying tax; or
        
        has committed an act of willful evasion
        
        Objective:
        
        recovery of tax loss and imposition of heavy penalties; and
        
        gathering admissible evidence with a view towards prosecution
        
        is a surprise visit
        
        is a raid, simultaneous searching of multiple premises of the taxpayer's activities and residence, for evidence that would otherwise not be disclosed
        
        may unravel some element of FWN which may render it criminal in nature
        
        period covered may exceed 5 yrs IF there is evidence suggesting FWN
        
        issue composite assessment which X appeal
- - - - fine of RM1,000 to RM20,000; or/and
        imprisonment <= 3 yrs; and
        special penalty of 3 times tax undercharged
    - - resulting in lower tax liab without taking reasonable care when executing it
        
        fine of RM2,000 - RM 20,000; or/and
        3 yrs of imprisonment
  - - - S113
        
        without prosecution
        
        penalty of 100% of tax undercharged
        
        with prosecution
        
        fine of RM1,000 - RM10,000; or/and
        penalty of 2 times of tax undercharged
- - - - taxpayer must
        
        have submitted the ITRF
        
        pay all taxes that have been made for the relevant YA
        
        alleges that the assessment is excessive by reason of an error/mistake made
        
        make a written application by letter/ Form CP15C to DG
        within 5 yrs after the end of YA in which the assessment is deemed
- - - - apply in writing within 5 yrs AFTER the end of the year of
        the exemption, relief, remission, allowance, dedn or the approval is granted