Taxletter Issue 15

October 11, 2019

Sales Tax (Amendment) Act 2019

The Sales Tax Act 2018 has been amended and gazetted on 9 July 2019 to align with the Finance Bill issued in Budget 2019.

Amendments

Section	Details
Section 2	Pangkor is included as a “designated areas” (“DA”) * Petroleum supply bases are included as one of the defined “special areas” (“SA”). * Pangkor is specifically defined to include “Pangkor Island, Mentagor Island, Giam Island, Simpan Island, Tukun Terindak Island, Pelanduk Island, Anak Pelanduk Island, Landak Island, Batu Orang Tua and Batu Jambal”.
Section 3	The scope has broaden to include petrochemical streams.
Section 41	Clarification on the application and scope for deduction of sales tax by registered manufacturer.

Section

Details

Section 2

Pangkor is included as a “designated areas” (“DA”) *
Petroleum supply bases are included as one of the defined “special areas” (“SA”).

* Pangkor is specifically defined to include “Pangkor Island, Mentagor Island, Giam Island, Simpan Island, Tukun Terindak Island, Pelanduk Island, Anak Pelanduk Island, Landak Island, Batu Orang Tua and Batu Jambal”.

Section 3

The scope has broaden to include petrochemical streams.

Section 41

Clarification on the application and scope for deduction of sales tax by registered manufacturer.

New Sections

Section	Details
Section 27A	The Director General is empowered to utilize any refund or drawback to offset against any outstanding amount of sales tax, service tax, GST, customs duty, excise duty and relevant penalties due to the Royal Malaysia Customs Department (“RMCD”).
Section 84A	Notwithstanding section 283 and 284 of the Criminal Procedure Code, the period of imprisonment imposed by any court in relation to non-payment of any fine under Sales Tax Act 2018 shall be capped as follows: – Where fine is < RM 5,000, maximum period shall be 2 months; Where fine is > RM 5,000 but < RM 10,000, maximum period shall be 4 months; Where fine is > RM 10,000 but < RM 20,000, maximum period shall be 6 months; and With 2 additional months for every RM 10,000 after the first RM 20,000 of the fine.
Section 86A	Any person who, with intent to evade or to assist any other person to evade sales tax on importation of taxable goods commits an offence:- 1st offence – fine not less than 10 times the amount of sales tax or RM50,000 (whichever higher); and not more than 20 times of the amount of sales tax or RM 500,000 (whichever higher); or to imprisonment for a term not exceeding 5 years or both. 2nd offence – fine not less than 20 times the amount of sales tax or RM100,000 (whichever higher); and not more than 40 times of the amount of sales tax or RM 1,000,000 (whichever higher); or to imprisonment for a term not exceeding 7 years or both.

Section

Details

Section 27A

The Director General is empowered to utilize any refund or drawback to offset against any outstanding amount of sales tax, service tax, GST, customs duty, excise duty and relevant penalties due to the Royal Malaysia Customs Department (“RMCD”).

Section 84A

Notwithstanding section 283 and 284 of the Criminal Procedure Code, the period of imprisonment imposed by any court in relation to non-payment of any fine under Sales Tax Act 2018 shall be capped as follows: –

Where fine is < RM 5,000, maximum period shall be 2 months;
Where fine is > RM 5,000 but < RM 10,000, maximum period shall be 4 months;
Where fine is > RM 10,000 but < RM 20,000, maximum period shall be 6 months; and

With 2 additional months for every RM 10,000 after the first RM 20,000 of the fine.

Section 86A

Any person who, with intent to evade or to assist any other person to evade sales tax on importation of taxable goods commits an offence:-

1st offence – fine not less than 10 times the amount of sales tax or RM50,000 (whichever higher); and not more than 20 times of the amount of sales tax or RM 500,000 (whichever higher); or to imprisonment for a term not exceeding 5 years or both.
2nd offence – fine not less than 20 times the amount of sales tax or RM100,000 (whichever higher); and not more than 40 times of the amount of sales tax or RM 1,000,000 (whichever higher); or to imprisonment for a term not exceeding 7 years or both.

New Module for Application of Exemption for Schedule A

A new module for application of Sch A exemption will be implemented in MySST system beginning 19 August 2019. Certificates generated using the old module will no longer be used after 31 October 2019.
Applicants are required to sign up and sought approval from the RMCD (once only) in order to log in to generate the certificate of exemption. The new module will be segregated into three (3) categories:-

Sendiri (for self)
- For Items 1 – 3, 6, 9, 10, 11, 14,18 – 42, 44 – 49, 51 – 66. The system will automatically generate the certificate once application is submitted.
Representative
- For Items 4, 5, 7, 8, 12 & 13
Export
- For Item 57

ANC Group Recent Events

Career Talk at Universiti Tunku Abdul Rahman
On 14th August 2019, first, second and third year students from Universiti Tunku Abdul Rahman (UTAR) attended a career talk conducted by ANC Hub Tax Advisory Sdn Bhd (“ANC Group”). The talk entitled “How does Malaysian Tax Career Looks Like” by Mr. Song shared on what it takes to be a tax consultant in Malaysia. The career talk was hosted by UTAR’s Faculty of Accountancy and Management.
The talk has been immensely valuable in providing insight into what tax career is and its challenges as well as preparing students before entering into the reality of getting a job placement in tax and how to achieve a successful career in tax. The speaker shared practical experience of working in an accounting and tax firm in Malaysia as well as covering tax topics such as individual tax compliance, expatriate tax compliance, corporate taxes, transfer pricing, withholding taxes and international tax. The session received warm response and positive feedback from the participating students.
At ANC Group, we wish all students at UTAR “ALL THE BEST” in your future job endeavours.
If you need our assistance, please contact us at admin@ancgroup.biz ; or drop us an enquiry via the enquiry form below.

68874938 10156540509233316 7237602433059258368 o – Taxletter Issue 15

Taxletter Issue 15

Sales Tax (Amendment) Act 2019

Amendments

New Sections

New Module for Application of Exemption for Schedule A

ANC Group Recent Events

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