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SALES TAXES
1
Ability to:
• Determine concept and elements of the
scope of Sales Tax
• Determine the Sales Tax registration;
and responsibilities of Sales Tax
registrant
LEARNING
• Compute the amount of sales tax by
OUTCOMES applying the Sales Tax rate
• Determine the offences and penalties
related to Sales Tax
• GST (Repeal) Act 2018 and
continuance of liability under the GST
Act 2014
2
HISTORY OF SALES TAX AND
SERVICES TAX
• Sales Tax and Services Tax are reintroduced in Malaysia effective
from 1/9/2018 to replace Goods and Services Tax (GST)
• They are commonly known as SST 2.0
1/9/2018:
31/3/2015:
1/6/2018: Implementation of
Abolishment 1/4/2015 31/8/2018:
Tax holiday 1) Sales Tax Act
of Sales Tax Implementation Abolishment
period 2018; 2) Services
Act 1972 & of GST Act of GST Act
where GST Tax Act 2018; and
Service Tax 2014 2014
@ 0% 3) GST (Repeal)
Act 1975
Act 2018
3
INTRODUCTION OF SALES TAX
4
INTRODUCTION OF SALES TAX
• The imposition of Sales Tax are governed by:
9. Sales Tax (Rates of Tax) Order 2018; Sales Tax (Rates of Tax)(Amendment
1) Order 2018; Sales Tax (Rates of Tax)(Amendment 2) Order 2018; Sales
Tax (Rates of Tax)(Amendment 3) Order 2018;
10. Sales Tax (Imposition of Sales Tax in Respect of Special Areas) Order
2018; Sales Tax (Imposition of Sales Tax in Respect of Special
Areas)(Amendment) Order 2018; Sales Tax (Imposition of Sales Tax in
Respect of Designated Areas) Order 2018; Sales Tax (Imposition of Sales
Tax in Respect of Designated Areas)(Amendment) Order 2018
11. Sales Tax (Goods Exempted from Tax) Order 2018; Sales Tax (Goods
Exempted from Tax)(Amendment) Order 2018; Sales Tax (Goods
Exempted from Tax)(Amendment 2) Order 2018; Sales Tax (Goods
Exempted from Tax)(Amendment 3) Order 2018; Sales Tax (Goods
Exempted from Tax)(Amendment 4) Order 2018;
12. Sales Tax (Exemption from Registration) Order 2018
13. Sales Tax (Person Exempted from Payment of Tax) Order 2018; Sales Tax
(Person Exempted from Payment of Tax)(Amendment) Order 2018; Sales
Tax (Person Exempted from Payment of Tax)(Amendment 2) Order 2018;
Sales Tax (Person Exempted from Payment of Tax)(Amendment) Order
2019
14. Sales Tax (Total Sale Value of Taxable Goods) Order 2018
5
WHAT IS SALES TAX?
6
WHAT IS SALES TAX?
Goods which are NOT stated
TAXABLE GOODS under the list of goods
exempted from sales tax
MANUFACTURED IN MALAYSIA
by registered manufacturers IMPORTED INTO MALAYSIA by
(include subcontractor any person
manufacturer
8
WHAT IS SALES TAX?
• Taxable Person
o Refers to a manufacturer (including subcontractor
manufacturer) of taxable goods in Malaysia who is liable to
register for sales tax when his annual sales turnover of
taxable manufactured goods exceeds the threshold of
RM500,000.
o Refers to any person who imported taxable goods into
Malaysia.
The meaning of Malaysia excludes:
Designated Areas [PU(A) 206/2018, PU(A)92/2019]; and
Special Areas [PUA(A) 207/2018, PUA(A)401/2018]
• The meaning of Sales include:
• Barter
• Disposal
• Consignment
• Delivery of goods under any conditions
• Gift
• Donation
• Exchange
• Sample
• Destroyed
• Hire purchase / Leasing
9
WHAT IS SALES TAX?
• The meaning of manufacture:
A.Processed goods (other than petroleum products)
1.Manufacturing process → the conversion by manual or mechanical
2.Materials → organic or inorganic materials
3.Into new products by distinction of → size, shape, composition, nature
or quality of such materials
• Include assembly of parts into machinery/other products
• Excludes installation of machinery / equipment for purpose of
construction
B.Petroleum products
Process of refining that includes the separation, conversion,
purification, and blending of refinery streams or petrochemical streams
C.Minister’s decision shall be final (in any questions to the
meaning of manufacture)
10
DESIGNATED AREAS & SPECIAL AREAS
DESIGNATED AREAS (DA) SPECIAL AREAS (SA)
3. Taxable goods transported from DA to SA/ from SA to DA are NOT SUBJECT to sales tax
4. Taxable goods transported from DA to Malaysia are treated as if the goods were
importation into Malaysia, therefore they are SUBJECT to sales tax
11
SALES TAX REGISTRATION
• A manufacturer of taxable goods in Malaysia is required to register
for sales tax when the threshold limit > RM500,000. The threshold
limit is by reference to the annual sales value of the taxable
manufactured goods in Malaysia for revolving 12 months period.
• There are 2 methods in computing annual taxable turnover:
16
ARTIFICIAL SEPARATION
• Separate businesses may be found closely bound one another through:
Financial link
• Financial support given
• Common financial interest
Economic link
• Same economic objective
• Business activities bring benefits to another
• Supplying to same circle of customers
Organisational link
• Common management
• Common employees
• Common premises
• Common equipment
• In this instance, RMC has the discretion to treat such businesses as single
taxable person for sales tax registration
17
ARTIFICIAL SEPARATION
• Eg: AY SB and ZY Manufacturing SB are two manufacturing companies with
common directors and shareholders. They are registered separately under
SSM. The administration and accounting departments handle the affairs for
both company at the same time. Zaid Yusoff is the major shareholder
providing the necessary finance to fund the manufacturing operations of the
two companies.
AY SB has an annual taxable turnover of RM210,000 while ZY
Manufacturing SB has an annual taxable turnover of RM430,000. To avoid
registering for sales tax, ZY Manufacturing SB decides to maintain its
existing turnover by transferring any new customers to AY SB.
Advise the sales tax implication from the above strategies.
• Answer:
AY SB and ZY Manufacturing SB are artificially separated but they are
closely bound to each other financially, economically and organisationally.
Thus, RMC has the power to deem them as a single person for sales tax
registration purpose. The annual taxable turnover = RM210k + RM430k =
RM640k which exceeds the threshold of RM500k. Therefore, they are
required to register as a sales tax registrant and charged 10% sales tax
upon issuing invoices for manufacturing goods sold.
18
RESPONSIBILITIES OF SALES TAX
REGISTRANT
Register as Sales
Tax registrant
when the threshold
limit > RM500,000
20
SALES VALUE
Imported goods
Purchase price (invoice value) XXX
Purchases expenses (freight charges, XXX
insurance on goods, etc)
Total purchase value XXX
Custom duty (x%) or Import duty (x%) XX
Sales value for sales tax purposes XXX
Sales tax payable (x%) XXX
22
COMPUTATION OF SALES TAX
23
COMPUTATION OF SALES TAX
• Eg: GSB is a taxable person licensed under Sales Tax Act 2018. In January
2020, the company sold its manufactured goods as follows:
• RM280,000 sold to Jentayu Sdn Bhd in Kelantan
• RM50,000 sold to Salim Enterprise in Tioman
• RM100,000 sold to LSB, a subsidiary company of GSB. The normal selling
price is RM120,000.
• RM70,000 donated to Rumah Anak Yatim Kenanga. The normal selling price
is RM82,000
• RM8,000 for own use and gifts to employees. The normal selling price is
RM9,000.
In March 2020, the company imported goods into Malaysia. The goods are
subject to import duty of 20% and the followings are expenses related to the
goods:
• Purchase price RM195,000
• Freight RM1,700
• Insurance RM1,300
Required:
1. Determine the amount of sales value, sales tax, taxable period and due date
for payment of sales tax to RMC.
2. Illustrate the tax impact if GSB submit the sales tax return form and pay the
amount of sales tax on 15 May 2020
3. Illustrate the tax impact of GSB submit the sales tax return form and pay the
amount of sales tax on 31 October 2020
24
COMPUTATION OF SALES TAX
• 1) Answer for GSB for Sales Value and Sales Tax Payable:
Transactions Sales Value Sales Tax Rate Sales Tax
RM (%) RM
Sold of manufactured goods 280,000 10% 28,000
to a company in Kelantan
Sold of manufactured goods 50,000 0% because sold 0
to a business in Tioman in designated
areas
Sold of manufactured goods 120,000 (at market value since 10% 12,000
to subsidiary company sold to related company)
Donation of manufactured 82,000 (at market value since 10% 8,200
goods donated goods)
Manufactured goods for 9,000 (at market value since 10% 900
own use and gifts to used own goods and for gifts)
employees
Imported goods Import value = 195,000 + 10% 23,760
1,700+ 1,300) = 198,000
Sales value = Import value +
Import duty = 198,000 + 20%
(198,000) = 237,600
25
TAXABLE PERIOD (s 25)
• Refers to the period to account for sales tax. In one calendar year, there are 6 taxable
periods. Each taxable period is made up of 2 calendar months as follows:
Filing Frequency Taxable Period
First Taxable Period Bi-monthly beginning from Sept – Oct 2018
(1.9.2018-31.10.2018)
Subsequent Taxable Period Nov-Dec,
Jan-Feb,
Mar-Apr,
May-Jun,
Jul-Aug,
Sept-Oct
Specific Basis Subject to an approval from the Director General
• Sales tax shall be due at the time the manufactured goods are sold, used, disposed by
a registered manufacturer in Malaysia (accounted in taxable period based on invoice
date).
• A taxable person is required to:
1. Submit the sales tax return (SST-02) to RMC
2. Pay the sales tax payable to RMC (sales tax is computed on accrual basis)
Within ONE MONTH upon the expiration of the taxable period
26
TAXABLE PERIOD, SUBMISSION OF
SALES TAX RETURN & PAYMENT OF
SALES TAX
Submit sales tax
expiration of taxable
though there is
no sales tax due
Bi-Monthly (MANDATORY)
period
Annual
≥ RM500,000 taxable
turnover
period
*Payment of
sales tax
(accrual basis)
• *The amount of sales tax charged has to be remitted to RMC even though
the payment may have not been paid by the customers
• Non-submission of sales tax return and no payment of sales tax due are
TWO SEPARATE OFFENCES
27
• 1) Answer for GSB for Taxable Period and Sales Tax Payable:
Transactions Taxable Period Due date for Payment of Sales Sales Tax
Tax RM
Sold of manufactured goods Jan – Feb 2020 31 Mar 2020 28,000
to a company in Kelantan
Sold of manufactured goods Jan – Feb 2020 Nil 0
to a business in Tioman
Sold of manufactured goods Jan – Feb 2020 31 Mar 2020 12,000
to subsidiary company
Donation of manufactured Jan – Feb 2020 31 Mar 2020 8,200
goods
Manufactured goods for own Jan – Feb 2020 31 Mar 2020 900
use and gifts to employees --------------------- --------------
Total sales tax payable 49,100
28
• 2) Answer for GSB if payment due on 31/3/2020 was made on 15/5/2020:
Transactions Taxable Due date for Payment of Sales Tax Sales Tax
• Answer for GSB: Period RM
Sold of manufactured goods Jan – Feb 31 Mar 2020 28,000
to a company in Kelantan 2020
Sold of manufactured goods Jan – Feb Nil 0
to a business in Tioman 2020
Sold of manufactured goods Jan – Feb 31 Mar 2020 12,000
to subsidiary company 2020
Donation of manufactured Jan – Feb 31 Mar 2020 8,200
goods 2020
Manufactured goods for Jan – Feb 31 Mar 2020 900
own use and gifts to 2020 --------------------- --------------
employees Total sales tax payable 49,100
Payment made on 15/5/2020
Late payment penalty:
First 30 days (1/4/2020 – 30/4/2020)
10% x RM49,100 4,910
Next 30 days (1/5/2020 – 30/5/2020)
15% x 49,100 7,365
--------------
Debt due to government 61,375
29
• 3) Answer for GSB if all payments are made on 31/10/2020:
Transactions Taxable Due date for Payment of Sales Tax Sales Tax
• TAXABLE PERIOD & PAYMENT OF
Answer for GSB:
Period RM
Jan – Feb 31 Mar 2020
Sold of manufactured goods
to a company in Kelantan
SALES
2020
TAX 28,000
34
EXPORTED GOODS
Sch A – Item 57 –
Locally
manufactured
Sch A – Item 56 – goods purchased
all goods exported for export
from Malaysia
Taxable goods (exempted)
exported to a
place outside M’sia
by a registered
manufacturer are
exempted from
sales tax
35
SALES TAX FACILITIES
Exemption System
• 3 types of exemption available:
• (1) Goods exempted from sales tax [refer to slide 7]
• (2) Persons exempted from registration [refer to slide 13]
• (3) Persons exempted from paying sales tax [refer to slide 31]
• For item (1) and (2), the person do not need to apply certificate of
exemption. But for item (3), the person has to apply certificate of
exemption. By presenting the exemption certificate during local purchase
or importation, sales tax amount will not be collected by the registered
supplier or RMC
Refund System
• If a registered manufacturer or importer makes a sale of taxable goods to
a person who holds exemption certificate, he is allowed to claim refund on
the sales tax paid upon his purchase or importation.
• The refund application is made within 1 year after the sale.
Deduction System
• Wef 1/1/2019, a registered manufacturer can apply for deduction of sales
tax in respect of taxable goods which are raw materials, components or
packaging materials used solely in the manufacturing of his taxable goods
• For any taxable goods subject to 5% sales tax → deduction of 2% from
total value of the goods purchased
• For any taxable goods subject to 10% sales tax → deduction of 4% from
total value of the goods purchased
36
PERSONS EXEMPTED FROM
PAYING SALES TAX
Schedule A of the Sales Tax (Person Exempted from Sales Tax) Order 2018:
YdPA, YdPN/ state ruler, Federal or State Govt department, local authority, duty free
shops, Inland Clearance Depot etc.
Schedule B of the Sales Tax (Person Exempted from Sales Tax) Order 2018:
Non-registered manufacturer who acquire raw materials, components,
packaging to be used solely in the manufacturing of specific goods
Schedule C of the Sales Tax (Person Exempted from Sales Tax) Order 2018:
Registered manufacturer on the acquisition of raw materials, components and
packaging materials to be used in manufacturing of taxable goods
37
OFFENCES & PENALTIES
Offences Penalties
1. Failure to register for sales tax within 1 month when [s 13(5)]:
becomes liable to be registered [s 13(1)] i. Fine < RM30k; or
ii. Imprisonment < 2 years; or
iii. Both
2. Failure to issue invoice: [s 21(4)]:
• In Malay/English with prescribed criteria [s 21(1)] i. Fine < RM30k; or
• By a registered manufacturer on taxable goods [s ii. Imprisonment < 2 years; or
21(2)] iii. Both
• Sales tax collected in addition to the price [s 21(3)]
3. Failure to furnish SST-02 return: [s 26(7)]:
• Within 1 month from end of taxable period i. Fine < RM50k; or
• Within 30 days from end of the varied taxable ii. Imprisonment < 3 years; or
period iii. Both
• Within 30 days from the cessation of liability to be
registered
• Of any sales tax due and payable on stocks which
has been sold
38
OFFENCES & PENALTIES
Offences Penalties
4. Furnishing incorrect return [s 26(7)]:
i. Fine < RM50k; or
ii. Imprisonment < 3 years; or
iii. Both
5. Failure to pay sales tax due and payable [s 26(5)] [s 26(9)]: without prosecution
i. Late payment between 1-
30 days, 10% penalty
ii. Late payment between 1-
60 days, 25% penalty.
Additional 15% for the
second 30 days
iii. Late payment between 1-
90 days, penalty 40%
(max). Additional 15% for
the third 30 days
Required:
1. Determine the requirement of BCC to register for sales tax under Sales Tax Act
2018
• BCC is required to register as taxable person under Sales Tax Act 2018 as its
annual sales value of the taxable manufactured goods in Malaysia based on
future method (current month: Sep 2019 = RM250k + future 11 months: Oct 2019
to Aug 2020 = RM300k) = RM550,000 has exceeded the threshold of
RM500,000. Thus, BCC is required to register for sales tax latest by 31/10/2019.
The registration is effective from 1/11/2019.
2. Determine the first taxable period for BCC and the due date for payment of sales
tax to RMC in respect of the first taxable period.
• The first taxable period for BCC is from 1/11/2019 - 31/12/2019 (effective first day
of the following month after being registered (not later than 31 October 2019)
• Due date for payment sales tax for taxable period of Nov 2019 to Dec 2019 is by
31 January 2020
42
EXAMPLE 2-Q & A
Mr Tony imports taxable goods from Korea to be sold in Malaysia. The
imported goods are subject to an import duty of 20%. On 24 October
2019, the amount of taxable goods imported amounted to RM250,000.
Required:
Determine the sales value for the imported goods above.
RM
Taxable goods (invoice value) 250,000
Add: Import duty 20% (20% x 250,000) 50,000
Value for sales tax purposes 300,000
43
EXAMPLE 3-Q & A
Camry Sdn Bhd imported goods from Vietnam. The cost of purchase
was RM170,000. Freight charges and insurance on goods were
RM2,500 and RM3,000 respectively. The goods arrived at Port Klang
on 20 January 2020. The custom duty was 25%. Compute sales tax
payable by Camry Sdn Bhd (assume sales tax is 10%)
Required:
Determine the sales value for the imported goods above.
RM
Purchase price 170,000
Freight charges 2,500
Insurance on goods 3,000
175,500
Add: Custom duty 25% (25% x RM175,500) 43,875
Value for sales tax purposes 219,375
Sales tax payable at 10% 21,937.50 44
EXAMPLE 4-Q
Kulim Sdn Bhd, a registered manufacturer of household products in
Shah Alam, sold the following taxable goods in November 2019:
Its taxable period started from September 2019. The applicable tax rate
is 10%
Required:
1. Compute the amount of sales tax payable (if any) by Kulim Sdn Bhd,
in respect of each of the above transactions
2. State when the sales tax is due for payment by Kulim Sdn Bhd
3. State the penalty in terms of percentage of the sales tax payable and
amount assuming Kulim Sdn Bhd paid the sales tax on the 50th day
after the last date for payment
45
EXAMPLE 4-A
1. Compute the amount of sales tax payable (if any) by Kulim Sdn Bhd,
in respect of each of the above transactions
Sales tax is imposed on taxable goods used in Malaysia. Taxable
goods sold to Designated Areas (Langkawi, Labuan, Tioman and
Pangkor) is exempted from sales tax. Exported goods, i.e. goods
sold to outside Malaysia will also not chargeable to sales tax
Sales tax in: Sales tax payable (RM)
Tioman Nil
Philippines Nil
Sarawak (10% x 350,000) 35,000
2. State when the sales tax is due for payment by Kulim Sdn Bhd
Taxable period: 1/11/2019 - 31/12/2019
Due date for payment of sales tax: 31 January 2020
46
EXAMPLE 4-A
3. State the penalty in terms of percentage of the sales tax payable
and amount assuming Kulim Sdn Bhd paid the sales tax on the 50th
day after the last date for payment
Due date: 31/1/2020 Rate of penalty
1/2/2020 - 2/3/2020 (First 30 days) 10%
3/3/2020 - 1/4/2020 (Second 30 days) 15%
25%
Penalty for late payment of sales tax
(sales tax payable: 35,000 x 25%) 8,750
47